NY State Senate Bill S151A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Apr 10, 2015	print number 151a
Apr 10, 2015	amend and recommit to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S151 - Details

See Assembly Version of this Bill:: A6764
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7613
2011-2012: S83
2013-2014: S187, A5437
2017-2018: S149, S7003

S151 - Summary

Relates to rental discrimination based on income.

S151 - Sponsor Memo

 BILL NUMBER:  S151

 TITLE OF BILL :  An act to amend the executive law, in relation to
discrimination based upon the income of persons

 PURPOSE :

To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
source of income illegal under New York State Human Rights Law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new subdivision 35 to section 292 of the executive
law defining the term "lawful source of income" to include, but not be
limited to, wages, income derived from social security, federal or
state public assistance, and housing and rental subsidies such as
section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "or source of income" as a category
protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, refusal to rent and

to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "or source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law Subsection (a) extends protections against the practices of
an owner, lessee, sub-lease, or managing agent, or any other person
having the, right to sell, rent or lease a housing accommodation.
Subsection (b) extends protections against the practices of an owner,
lessee, sublease, or managing agent, or any other person having the
right to sell, rent or lease land or commercial space. Subsection (c)
extends protections against the practices of a real estate broker,
real estate sales person, or agent.  Subsection (d) extends
protections against the practices of a real estate board.

Section 5 amends section 296 of the executive law to add a new
subdivision (22) that exempts housing accommodations that contain a
total of five or fewer housing units located within a municipality
that had a local law pertaining to such discriminatory practices,
which exempted housing accommodations that contained five Or fewer
housing units from such prohibition, in existence prior to the
effective date of this bill.

If the local law is subsequently repealed, the provisions of this bill
would then apply to such housing accommodations. Notwithstanding this
exemption, the prohibition on unlawful discriminatory practices based
on source of income in this bill shall apply to tenants subject to
rent control laws who reside in housing accommodations that contain a
total of five or fewer units as of the effective date of this bill,
and to all housing accommodations, regardless of the number of units
contained in each, of any owner or any agent who has the right to
sell, rent, or lease at least one housing accommodation within the
state of New York that contains six or more housing units.

Section 6 contains the effective date.

 JUSTIFICATION :

Currently, New York State law does not prevent landlords from
discrimination based on a person's source of income. As a result,
landlords often reject tenants with rental subsidies, such as section
8 and subsidies tied to the Nursing Facility Transition and Diversion
and Traumatic Brain Injury Medicaid Waivers. Many people with
disabilities rely on those subsidies and other assistance programs to
live independently in the community. This legislation would make
discrimination by landlords based on a tenant's source of income
illegal under New York State Human Rights Law. Similar laws have
already been passed in New York City, Westchester and Nassau.

 PRIOR LEGISLATIVE HISTORY :

2013-2014: S187/A5437 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS
2011-2012: S83/A10163-A1121 - COMMITTEE DISCHARGED AND COMMITTED TO
RULES/Passed Assembly
2009-2010: S7613/A10689- Passed Both Houses

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S151 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   151

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to  discrimination  based
  upon the income of persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35. THE TERM "SOURCE OF  INCOME"  SHALL  INCLUDE:  WAGES  FROM  LAWFUL
EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF  FEDERAL,  STATE  OR  LOCAL
PUBLIC  ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE, INCLUD-
ING SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND  ANY
OTHER FORMS OF LAWFUL INCOME.
  S  2.  Paragraph  (a) of subdivision 2 of section 296 of the executive
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 any person,
being the owner, lessee, proprietor, manager, superintendent,  agent  or
employee  of  any  place  of  public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual  orientation,
military  status, sex, SOURCE OF INCOME, or disability or marital status
of any person, directly or indirectly, to refuse, withhold from or  deny
to  such  person  any  of  the accommodations, advantages, facilities or
privileges thereof, including the extension of credit, or,  directly  or
indirectly,  to  publish,  circulate,  issue,  display, post or mail any
written or printed communication, notice or advertisement, to the effect
that any of the accommodations, advantages, facilities and privileges of
any such place shall be refused, withheld from or denied to  any  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00173-02-5

S. 151                              2

on  account  of race, creed, color, national origin, sexual orientation,
military status, sex, SOURCE OF INCOME, or disability or marital status,
or that the patronage or custom thereat of any person of  or  purporting
to  be  of  any  particular  race, creed, color, national origin, sexual
orientation, military status, SOURCE OF INCOME, sex or  marital  status,
or  having  a  disability is unwelcome, objectionable or not acceptable,
desired or solicited.
  S 3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
the  executive  law,  as amended by chapter 106 of the laws of 2003, are
amended to read as follows:
  (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
hold  from  any  person  or group of persons such housing accommodations
because of the race, creed, color, disability, national  origin,  sexual
orientation,  military  status,  age, sex, marital status, [or] familial
status, OR SOURCE OF INCOME 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.
  (b) To discriminate against any person because of  his  or  her  race,
creed,  color, disability, national origin, sexual orientation, military
status, age, sex, marital status, [or] familial  status,  OR  SOURCE  OF
INCOME  in  the terms, conditions or privileges of any publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin,  sexual  orien-
tation,  membership  in the reserve armed forces of the United States or
in the organized militia of the state, age, sex,  marital  status,  [or]
familial  status,  OR  SOURCE  OF  INCOME of a person seeking to rent or
lease any publicly-assisted housing  accommodation;  provided,  however,
that  nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the  organized  militia  of  the
state from voluntarily disclosing such membership.
  S  4. Subdivision 5 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  5. (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, OR
SOURCE OF INCOME 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, OR SOURCE OF INCOME in the
terms, conditions or privileges of the sale, rental or lease of any such
housing accommodation 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

S. 151                              3

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]
familial  status,  OR  SOURCE  OF INCOME, or any intent to make any such
limitation, specification or discrimination.
  The provisions of this paragraph [(a)] shall not  apply:[(1)]  (i)  to
the rental of a housing accommodation in a building which contains hous-
ing  accommodations  for not more than two families living independently
of each other, if the owner resides in  one  of  such  housing  accommo-
dations,  [(2)]  (ii) to the restriction of the rental of all rooms in a
housing accommodation to individuals of the same sex or [(3)]  (iii)  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  (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.
  (b) It shall be an unlawful discriminatory  practice  for  the  owner,
lessee,  sub-lessee,  or  managing  agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
from  any person or group of persons land or commercial space because of
the race, creed, color, national origin,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME 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, OR SOURCE OF INCOME in the
terms, conditions or privileges of the sale, rental or lease of any such
land or commercial space; 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 land or commercial  space
or  to  make  any  record  or inquiry in connection with the prospective
purchase, rental or  lease  of  such  land  or  commercial  space  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]
familial status, OR SOURCE OF INCOME; or any intent  to  make  any  such
limitation, specification or discrimination.
  (4)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of  land  or  commercial  space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction  of  the  sale,  rental  or lease of land to be used for the
construction, or location  of  housing  accommodations  exclusively  for

S. 151                              4

persons  sixty-two  years  of age or older, or intended and operated for
occupancy by at least one person fifty-five years of age  or  older  per
unit.  In determining whether housing is intended and operated for occu-
pancy  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.
  (c)  It  shall  be  an  unlawful  discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
  (1) To refuse to sell, rent or lease any housing  accommodation,  land
or  commercial  space  to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any  housing  accommodation,
land  or  commercial  space to any person or group of persons because of
the race, creed, color, national origin,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME of such person or persons, or  to  represent  that  any
housing  accommodation,  land  or  commercial space is not available for
inspection, sale, rental or lease when in fact it is  so  available,  or
otherwise to deny or withhold any housing accommodation, land or commer-
cial  space  or  any  facilities  of  any housing accommodation, land or
commercial space from any person or group  of  persons  because  of  the
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE OF INCOME of such person or persons.
  (2)  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 any housing accommodation,
land or commercial space or to make any record or inquiry in  connection
with  the  prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or  indirect-
ly,  any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  marital  status, [or] familial status, OR SOURCE OF INCOME;
or any intent to make any such limitation,  specification  or  discrimi-
nation.
  (3)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of any land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction of the sale, rental or lease of any housing accommodation or
land  to  be  used  for the construction or location of housing accommo-
dations for persons sixty-two years of age or  older,  or  intended  and
operated for occupancy by at least one person fifty-five years of age or
older  per unit. In determining 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.
  (d)  It  shall  be  an  unlawful  discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial status, OR SOURCE OF INCOME of any individual who is  otherwise
qualified  for  membership,  to  exclude  or  expel such individual from
membership, or to discriminate against such  individual  in  the  terms,
conditions and privileges of membership in such board.
  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-

S. 151                              5

lescent  home,  or home for adults, or an intermediate care facility, as
defined  in  section  two  of  the  social  services   law,   heretofore
constructed,  or to be constructed, or any agent or employee thereof, to
refuse  to  provide  services  and  care in such home or facility to any
individual or to discriminate  against  any  individual  in  the  terms,
conditions, and privileges of such services and care solely because such
individual  is  a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition  of
a  "blind  person"  pursuant  to  section  three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f)  The  provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
  (g) It shall be an unlawful discriminatory  practice  for  any  person
offering  or  providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral  inquiry  or  record  concerning
membership  of  any person in the state organized militia in relation to
the purchase, rental or lease of such housing  accommodation,  land,  or
commercial  space,  provided,  however, that nothing in this subdivision
shall prohibit a member of the state organized militia from  voluntarily
disclosing such membership.
  S  5.  Section  296  of  the  executive law is amended by adding a new
subdivision 22 to read as follows:
  22. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, AND
FIVE OF THIS SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINA-
TORY PRACTICES BASED ON SOURCE OF  INCOME,  SUCH  PROVISIONS  SHALL  NOT
APPLY  TO  HOUSING  ACCOMMODATIONS THAT CONTAIN A TOTAL OF FIVE OR FEWER
HOUSING UNITS LOCATED  WITHIN  A  MUNICIPALITY  THAT  HAD  A  LOCAL  LAW
PERTAINING  TO  SUCH  DISCRIMINATORY  PRACTICES,  WHICH EXEMPTED HOUSING
ACCOMMODATIONS THAT CONTAINED FIVE OR  FEWER  HOUSING  UNITS  FROM  SUCH
PROHIBITION,  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PROVIDED, HOWEVER, THAT IF SUCH LOCAL LAW IS  REPEALED  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  THE  PROVISIONS OF THIS SECTION
RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY  PRACTICES  BASED
ON SOURCE OF INCOME SHALL APPLY TO SUCH HOUSING ACCOMMODATIONS.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE PROVISIONS OF  SUBDIVISIONS  TWO,  TWO-A,  AND  FIVE  OF  THIS
SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES
BASED  ON  SOURCE  OF  INCOME SHALL APPLY (I) TO TENANTS SUBJECT TO RENT
CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN  A  TOTAL
OF FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION; AND
(II)  TO  ALL  HOUSING ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS
CONTAINED IN EACH, OF ANY OWNER OR ANY AGENT THEREOF WHO HAS  THE  RIGHT
TO  SELL, RENT OR LEASE OR APPROVE THE SALE, RENTAL OR LEASE OF AT LEAST
ONE HOUSING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX
OR MORE HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN  INTEREST
THEREIN.
  S 6. This act shall take effect immediately.

Co-Sponsors

S151A (ACTIVE) - Details

See Assembly Version of this Bill:: A6764
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7613
2011-2012: S83
2013-2014: S187, A5437
2017-2018: S149, S7003

S151A (ACTIVE) - Summary

Relates to rental discrimination based on income.

S151A (ACTIVE) - Sponsor Memo

BILL NUMBER:S151A

TITLE OF BILL:  An act to amend the executive law, in relation to
discrimination based upon the income of persons

PURPOSE:

To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
source of income illegal under New York State Human Rights Law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 35 to section 292 of the executive
law defining the term "lawful source of income" to include, but not be
limited to, wages, income derived from social security, federal or
state public assistance, and housing and rental subsidies such as
section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "or source of income" as a category
protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, refusal to rent and

to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "or source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law Subsection (a) extends protections against the practices of
an owner, lessee, sub-lease, or managing agent, or any other person
having the, right to sell, rent or lease a housing accommodation.
Subsection (b) extends protections against the practices of an owner,
lessee, sublease, or managing agent, or any other person having the
right to sell, rent or lease land or commercial space. Subsection (c)
extends protections against the practices of a real estate broker,
real estate sales person, or agent. Subsection (d) extends protections
against the practices of a real estate board.

Section 5 amends section 296 of the executive law to add a new
subdivision (22) that exempts housing accommodations that contain a
total of five or fewer housing units located within a municipality
that had a local law pertaining to such discriminatory practices,
which exempted housing accommodations that contained five Or fewer
housing units from such prohibition, in existence prior to the
effective date of this bill.

If the local law is subsequently repealed, the provisions of this bill
would then apply to such housing accommodations. Notwithstanding this
exemption, the prohibition on unlawful discriminatory practices based
on source of income in this bill shall apply to tenants subject to
rent control laws who reside in housing accommodations that contain a
total of five or fewer units as of the effective date of this bill,
and to all housing accommodations, regardless of the number of units
contained in each, of any owner or any agent who has the right to


sell, rent, or lease at least one housing accommodation within the
state of New York that contains six or more housing units.

Section 6 contains the effective date.

JUSTIFICATION:

Currently, New York State law does not prevent landlords from
discrimination based on a person's source of income. As a result,
landlords often reject tenants with rental subsidies, such as section
8 and subsidies tied to the Nursing Facility Transition and Diversion
and Traumatic Brain Injury Medicaid Waivers. Many people with
disabilities rely on those subsidies and other assistance programs to
live independently in the community. This legislation would make
discrimination by landlords based on a tenant's source of income
illegal under New York State Human Rights Law. Similar laws have
already been passed in New York City, Westchester and Nassau.

PRIOR LEGISLATIVE HISTORY:

2013-2014: S187/A5437 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS
2011-2012: S83/A10163-A1121 - COMMITTEE DISCHARGED AND COMMITTED TO
RULES/Passed Assembly
2009-2010: S7613/A10689- Passed Both Houses

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S151A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 151--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. SQUADRON, ADDABBO, HAMILTON, HOYLMAN, KENNEDY, PARK-
  ER -- read twice and ordered printed, and when printed to be committed
  to  the  Committee  on  Investigations  and  Government  Operations --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the executive law, in relation to discrimination based
  upon the income of persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35.  THE  TERM  "SOURCE  OF  INCOME"  SHALL INCLUDE: WAGES FROM LAWFUL
EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
DERIVED  FROM  SOCIAL  SECURITY,  OR ANY FORM OF FEDERAL, STATE OR LOCAL
PUBLIC ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE,  INCLUD-
ING  SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND ANY
OTHER FORMS OF LAWFUL INCOME.
  S 2. Paragraph (a) of subdivision 2 of section 296  of  the  executive
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  any  person,
being  the  owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of  public  accommodation,  resort  or  amusement,
because  of the race, creed, color, national origin, sexual orientation,
military status, sex, SOURCE OF INCOME, or disability or marital  status
of  any person, directly or indirectly, to refuse, withhold from or deny
to such person any of  the  accommodations,  advantages,  facilities  or
privileges  thereof,  including the extension of credit, or, directly or
indirectly, to publish, circulate, issue,  display,  post  or  mail  any
written or printed communication, notice or advertisement, to the effect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00173-04-5

S. 151--A                           2

that any of the accommodations, advantages, facilities and privileges of
any  such  place shall be refused, withheld from or denied to any person
on account of race, creed, color, national origin,  sexual  orientation,
military status, sex, SOURCE OF INCOME, or disability or marital status,
or  that  the patronage or custom thereat of any person of or purporting
to be of any particular race,  creed,  color,  national  origin,  sexual
orientation,  military  status, SOURCE OF INCOME, sex or marital status,
or having a disability is unwelcome, objectionable  or  not  acceptable,
desired or solicited.
  S  3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of
the executive law, as amended by chapter 106 of the laws  of  2003,  are
amended to read as follows:
  (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
hold from any person or group of  persons  such  housing  accommodations
because  of  the race, creed, color, disability, national origin, sexual
orientation, military status, age, sex, marital  status,  [or]  familial
status,  OR  SOURCE OF INCOME 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.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin, sexual orientation,  military
status,  age,  sex,  marital  status, [or] familial status, OR SOURCE OF
INCOME in the terms, conditions or privileges of  any  publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing  the  race, creed, color, disability, national origin, sexual orien-
tation, membership in the reserve armed forces of the United  States  or
in  the  organized  militia of the state, age, sex, marital status, [or]
familial status, OR SOURCE OF INCOME of a  person  seeking  to  rent  or
lease  any  publicly-assisted  housing accommodation; provided, however,
that nothing in this subdivision shall prohibit a member of the  reserve
armed  forces  of  the  United States or in the organized militia of the
state from voluntarily disclosing such membership.
  S 4. Subdivision 5 of section 296 of the executive law, as amended  by
chapter 106 of the laws of 2003, is amended to read as follows:
  5.  (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,  OR
SOURCE  OF  INCOME  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, OR SOURCE OF  INCOME  in  the
terms, conditions or privileges of the sale, rental or lease of any such
housing  accommodation 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

S. 151--A                           3

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]
familial  status,  OR  SOURCE  OF INCOME, or any intent to make any such
limitation, specification or discrimination.
  The provisions of this paragraph [(a)] shall not apply[(1)] :  (I)  to
the rental of a housing accommodation in a building which contains hous-
ing  accommodations  for not more than two families living independently
of each other, if the owner resides in  one  of  such  housing  accommo-
dations,  [(2)]  (II) to the restriction of the rental of all rooms in a
housing accommodation to individuals of the same sex or [(3)]  (III)  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  [(4)] (IV) 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.
  (b) It shall be an unlawful discriminatory  practice  for  the  owner,
lessee,  sub-lessee,  or  managing  agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
from  any person or group of persons land or commercial space because of
the race, creed, color, national origin,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME 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, OR SOURCE OF INCOME in the
terms, conditions or privileges of the sale, rental or lease of any such
land or commercial space; 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 land or commercial  space
or  to  make  any  record  or inquiry in connection with the prospective
purchase, rental or  lease  of  such  land  or  commercial  space  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]
familial status, OR SOURCE OF INCOME; or any intent  to  make  any  such
limitation, specification or discrimination.
  (4)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of  land  or  commercial  space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the

S. 151--A                           4

restriction  of  the  sale,  rental  or lease of land to be used for the
construction, or location  of  housing  accommodations  exclusively  for
persons  sixty-two  years  of age or older, or intended and operated for
occupancy  by  at  least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for  occu-
pancy  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.
  (c)  It  shall  be  an  unlawful  discriminatory practice for any real
estate broker, real estate salesperson or employee or agent thereof:
  (1) To refuse to sell, rent or lease any housing  accommodation,  land
or  commercial  space  to any person or group of persons or to refuse to
negotiate for the sale, rental or lease, of any  housing  accommodation,
land  or  commercial  space to any person or group of persons because of
the race, creed, color, national origin,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME of such person or persons, or  to  represent  that  any
housing  accommodation,  land  or  commercial space is not available for
inspection, sale, rental or lease when in fact it is  so  available,  or
otherwise to deny or withhold any housing accommodation, land or commer-
cial  space  or  any  facilities  of  any housing accommodation, land or
commercial space from any person or group  of  persons  because  of  the
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE OF INCOME of such person or persons.
  (2)  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 any housing accommodation,
land or commercial space or to make any record or inquiry in  connection
with  the  prospective purchase, rental or lease of any housing accommo-
dation, land or commercial space which expresses, directly or  indirect-
ly,  any limitation, specification, or discrimination as to race, creed,
color, national origin, sexual orientation, military status,  sex,  age,
disability,  marital  status, [or] familial status, OR SOURCE OF INCOME;
or any intent to make any such limitation,  specification  or  discrimi-
nation.
  (3)  With  respect  to age and familial status, the provisions of this
paragraph shall not apply to the restriction  of  the  sale,  rental  or
lease  of any land or commercial space exclusively to persons fifty-five
years of age or older and the spouse of  any  such  person,  or  to  the
restriction of the sale, rental or lease of any housing accommodation or
land  to  be  used  for the construction or location of housing accommo-
dations for persons sixty-two years of age or  older,  or  intended  and
operated for occupancy by at least one person fifty-five years of age or
older  per unit. In determining 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.
  (d)  It  shall  be  an  unlawful  discriminatory practice for any real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial status, OR SOURCE OF INCOME of any individual who is  otherwise
qualified  for  membership,  to  exclude  or  expel such individual from
membership, or to discriminate against such  individual  in  the  terms,
conditions and privileges of membership in such board.

S. 151--A                           5

  (e)  It  shall  be  an unlawful discriminatory practice for the owner,
proprietor or managing agent of, or other person  having  the  right  to
provide care and services in, a private proprietary nursing home, conva-
lescent  home,  or home for adults, or an intermediate care facility, as
defined   in   section  two  of  the  social  services  law,  heretofore
constructed, or to be constructed, or any agent or employee thereof,  to
refuse  to  provide  services  and  care in such home or facility to any
individual or to discriminate  against  any  individual  in  the  terms,
conditions, and privileges of such services and care solely because such
individual  is  a blind person. For purposes of this paragraph, a "blind
person" shall mean a person who is registered as a blind person with the
commission for the visually handicapped and who meets the definition  of
a  "blind  person"  pursuant  to  section  three of chapter four hundred
fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f)  The  provisions of this subdivision, as they relate to age, shall
not apply to persons under the age of eighteen years.
  (g) It shall be an unlawful discriminatory  practice  for  any  person
offering  or  providing housing accommodations, land or commercial space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or cause to be made any written or oral  inquiry  or  record  concerning
membership  of  any person in the state organized militia in relation to
the purchase, rental or lease of such housing  accommodation,  land,  or
commercial  space,  provided,  however, that nothing in this subdivision
shall prohibit a member of the state organized militia from  voluntarily
disclosing such membership.
  S  5.  Section  296  of  the  executive law is amended by adding a new
subdivision 22 to read as follows:
  22. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, AND
FIVE OF THIS SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINA-
TORY PRACTICES BASED ON SOURCE OF  INCOME,  SUCH  PROVISIONS  SHALL  NOT
APPLY  TO  HOUSING  ACCOMMODATIONS THAT CONTAIN A TOTAL OF FIVE OR FEWER
HOUSING UNITS LOCATED  WITHIN  A  MUNICIPALITY  THAT  HAD  A  LOCAL  LAW
PERTAINING  TO  SUCH  DISCRIMINATORY  PRACTICES,  WHICH EXEMPTED HOUSING
ACCOMMODATIONS THAT CONTAINED FIVE OR  FEWER  HOUSING  UNITS  FROM  SUCH
PROHIBITION,  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PROVIDED, HOWEVER, THAT IF SUCH LOCAL LAW IS  REPEALED  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  THE  PROVISIONS OF THIS SECTION
RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY  PRACTICES  BASED
ON SOURCE OF INCOME SHALL APPLY TO SUCH HOUSING ACCOMMODATIONS.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE PROVISIONS OF  SUBDIVISIONS  TWO,  TWO-A,  AND  FIVE  OF  THIS
SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES
BASED  ON  SOURCE  OF INCOME SHALL APPLY: (I) TO TENANTS SUBJECT TO RENT
CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN  A  TOTAL
OF FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION; AND
(II)  TO  ALL  HOUSING ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS
CONTAINED IN EACH, OF ANY OWNER OR ANY AGENT THEREOF WHO HAS  THE  RIGHT
TO  SELL, RENT OR LEASE OR APPROVE THE SALE, RENTAL OR LEASE OF AT LEAST
ONE HOUSING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX
OR MORE HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN  INTEREST
THEREIN.
  S 6. This act shall take effect immediately.

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senate Bill S151A

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senate Bill S151A

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