S T A T E O F N E W Y O R K
________________________________________________________________________
7514
2015-2016 Regular Sessions
I N A S S E M B L Y
May 14, 2015
___________
Introduced by M. of A. BUCHWALD -- (at request of the Division of Human
Rights) -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the executive law, in relation to providing that there
is no exemption from the requirement of nondiscrimination in adver-
tisements and inquiries for the rental of an apartment in an owner-oc-
cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
pied dwelling, and that engaging in discriminatory advertising or
inquiries will cause the property to no longer be exempt from full
coverage by the nondiscrimination provisions of the human rights law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 5 of section 296 of the execu-
tive law, as amended by chapter 106 of the laws of 2003, is amended to
read as follows:
(a) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accommodation,
constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, or familial status of such
person or persons, or to represent that any housing accommodation or
land is not available for inspection, sale, rental or lease when in fact
it is so available.
(2) To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, or familial status in the terms, conditions or
privileges of the sale, rental or lease of any such housing accommo-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09592-01-5
A. 7514 2
dation or in the furnishing of facilities or services in connection
therewith.
(3) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation or
to make any record or inquiry in connection with the prospective
purchase, rental or lease of such a housing accommodation which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, or fami-
lial status, or any intent to make any such limitation, specification or
discrimination.
(4) (I) The provisions OF SUBPARAGRAPHS ONE AND TWO of this paragraph
[(a)] shall not apply [(1)] to the rental of a housing accommodation in
a building which contains housing accommodations for not more than two
families living independently of each other, if the owner resides in one
of such housing accommodations[, (2) to the restriction of the rental of
all rooms in a housing accommodation to individuals of the same sex or
(3) to the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation or (4) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In deter-
mining whether housing is intended and operated for occupancy by persons
fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
apply]. HOWEVER, SUCH RENTAL PROPERTY SHALL NO LONGER BE EXEMPT FROM
THE PROVISIONS OF SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH IF THERE
IS UNLAWFUL DISCRIMINATORY CONDUCT PURSUANT TO SUBPARAGRAPH THREE OF
THIS PARAGRAPH.
(II) THE PROVISIONS OF SUBPARAGRAPHS ONE, TWO AND THREE OF THIS PARA-
GRAPH SHALL NOT APPLY (A) TO THE RESTRICTION OF THE RENTAL OF ALL ROOMS
IN A HOUSING ACCOMMODATION TO INDIVIDUALS OF THE SAME SEX, (B) TO THE
RENTAL OF A ROOM OR ROOMS IN A HOUSING ACCOMMODATION, IF SUCH RENTAL IS
BY THE OCCUPANT OF THE HOUSING ACCOMMODATION OR BY THE OWNER OF THE
HOUSING ACCOMMODATION AND THE OWNER RESIDES IN SUCH HOUSING ACCOMMO-
DATION, OR (C) SOLELY WITH RESPECT TO AGE AND FAMILIAL STATUS TO THE
RESTRICTION OF THE SALE, RENTAL OR LEASE OF HOUSING ACCOMMODATIONS
EXCLUSIVELY TO PERSONS SIXTY-TWO YEARS OF AGE OR OLDER AND THE SPOUSE OF
ANY SUCH PERSON, OR FOR HOUSING INTENDED AND OPERATED FOR OCCUPANCY BY
AT LEAST ONE PERSON FIFTY-FIVE YEARS OF AGE OR OLDER PER UNIT. IN DETER-
MINING WHETHER HOUSING IS INTENDED AND OPERATED FOR OCCUPANCY BY PERSONS
FIFTY-FIVE YEARS OF AGE OR OLDER, SEC. 807(B) (2) (C) (42 U.S.C. 3607
(B) (2) (C)) OF THE FEDERAL FAIR HOUSING ACT OF 1988, AS AMENDED, SHALL
APPLY.
S 2. This act shall take effect immediately.