S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10610
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 Introduced  by M. of A. WEPRIN, MOSLEY, JOYNER, PEOPLES-STOKES, SKOUFIS,
   MORELLE, MAGNARELLI, CYMBROWITZ,  BENEDETTO  --  (at  request  of  the
   Governor)  --  read once and referred to the Committee on Governmental
   Operations
 
 AN ACT to amend the executive law, in relation to  preventing  discrimi-
   nation based on lawful source of income in housing

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and maybe cited as the
 "Lawful source of income non-discrimination act of 2018".
   § 2. Section 292 of the executive law  is  amended  by  adding  a  new
 subdivision 35 to read as follows:
   35.  THE  TERM  "LAWFUL  SOURCE  OF  INCOME" SHALL INCLUDE, BUT NOT BE
 LIMITED TO,  CHILD  SUPPORT,  ALIMONY,  FOSTER  CARE  SUBSIDIES,  INCOME
 DERIVED  FROM  SOCIAL  SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL
 PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT  LIMITED  TO,
 SECTION  8  VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR
 CREDIT WHETHER OR NOT SUCH  INCOME  OR  CREDIT  IS  PAID  OR  ATTRIBUTED
 DIRECTLY TO A LANDLORD, AND OTHER FORMS OF LAWFUL INCOME.
   §  3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
 296 of the executive law, paragraphs (a), (b), and (c)  as  amended  and
 paragraph (c-1) as added 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, LAWFUL SOURCE OF
 INCOME, 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.
   (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, LAWFUL SOURCE OF  INCOME  or  familial
 status  in  the terms, conditions or privileges of any publicly-assisted
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12058-01-8

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 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, LAWFUL
 SOURCE OF INCOME or familial status 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.
   (c-1) 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, LAWFUL
 SOURCE OF INCOME or familial status, or any  intent  to  make  any  such
 limitation, specification or discrimination.
   §  4.  Subparagraphs  1,  2 and 3 of paragraph (a) of subdivision 5 of
 section 296 of the executive law, as amended by chapter 106 of the  laws
 of 2003, are amended to read as follows:
   (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, LAWFUL SOURCE OF INCOME 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, LAWFUL SOURCE OF INCOME or familial status  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
 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, LAWFUL
 SOURCE OF INCOME or familial status, or any  intent  to  make  any  such
 limitation, specification or discrimination.
   §  5.  Subparagraphs  1  and  2  of  paragraph (c) of subdivision 5 of
 section 296 of the executive law, as amended by chapter 106 of the  laws
 of 2003, are amended to read as follows:
   (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, LAWFUL SOURCE OF INCOME or

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 familial status 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, LAWFUL SOURCE OF INCOME or
 familial status 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, LAWFUL SOURCE OF INCOME or familial  status;
 or  any  intent  to make any such limitation, specification or discrimi-
 nation.
   § 6. Paragraph (d) of 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:
   (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,
 LAWFUL SOURCE OF INCOME or familial status  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.
   §  7.  This  act  shall take effect immediately and shall apply to all
 causes of action filed on or after such effective date.