The New York State Senate

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

                                  3358

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
  MORELLE, ROSENTHAL, DINOWITZ, COOK, HEVESI, KAVANAGH,  CAHILL,  ENGLE-
  BRIGHT,  PAULIN,  RYAN,  ABINANTI,  MOYA,  SEPULVEDA,  MOSLEY, ARROYO,
  PICHARDO, ORTIZ, ROZIC, WEPRIN, MAYER, BLAKE, JENNE, STECK,  BICHOTTE,
  HUNTER, HARRIS, CARROLL -- Multi-Sponsored by -- M. of A. AUBRY, BENE-
  DETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER,
  HOOPER,  JAFFEE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, OTIS, PEOPLES-
  STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMON,  SIMO-
  TAS,  SKARTADOS, SKOUFIS, SOLAGES, THIELE -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the executive law, the civil rights law and  the  educa-
  tion  law,  in  relation to prohibiting discrimination based on gender
  identity or expression; and to amend the penal law  and  the  criminal
  procedure  law,  in  relation  to  including offenses regarding gender
  identity or expression within the list of offenses subject  to  treat-
  ment as hate crimes

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

  Section 1. Legislative findings and intent. The legislature  reaffirms
that  the state has the responsibility to act to assure that every indi-
vidual within this state is afforded an equal  opportunity  to  enjoy  a
full  and  productive  life,  and that the failure to provide such equal
opportunity, whether because of discrimination,  prejudice,  intolerance
or  inadequate  education,  training,  housing  or  health care not only
threatens the rights and  proper  privileges  of  its  inhabitants,  but
menaces  the  institutions and foundation of a free democratic state and
threatens the peace, order, health, safety and general  welfare  of  the
state and its inhabitants.
  The  legislature  further finds that many residents of this state have
encountered prejudice on account of their gender identity or expression,
and that this prejudice  has  severely  limited  or  actually  prevented

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

                                                           LBD02432-01-7

A. 3358                             2

access to employment, housing and other basic necessities of life, lead-
ing  to  deprivation  and  suffering. The legislature further recognizes
that this prejudice has fostered a  general  climate  of  hostility  and
distrust,  leading  in some instances to physical violence against those
perceived to live in a gender identity or expression which is  different
from  that traditionally associated with the sex assigned to that person
at birth.
  In so doing, the legislature makes clear its action is not intended to
promote any particular attitude, course of conduct or way of life. Rath-
er its purpose is to ensure that individuals who live in our free socie-
ty have the capacity to make their own choices, follow their own beliefs
and conduct their own lives as they see fit,  consistent  with  existing
law.
  The  legislature  further finds that, as court decisions have properly
held, New York's sex discrimination laws prohibit  discrimination  based
on  gender  stereotypes  or  because  an  individual has transitioned or
intends to transition from one gender to another.  This  legislation  is
intended  to  codify this principle and to ensure that the public under-
stands  that  discrimination  on  the  basis  of  gender  identity   and
expression is prohibited.
  §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
follows:
  1. The opportunity to obtain employment without discrimination because
of  age, race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
bility, is hereby recognized as and declared to be a civil right.
  2.  The  opportunity  to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of  housing  accommo-
dations  and  commercial  space  without  discrimination because of age,
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, marital status, or  disability,  as
specified  in  section two hundred ninety-six of this article, is hereby
recognized as and declared to be a civil right.
  § 3. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR,  EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
  §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  8. To create such advisory councils, local, regional or state-wide, as
in  its  judgment  will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this  state,
and  the  division  may  empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or  in  specific
instances of discrimination because of age, race, creed, color, national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, disability or marital status and  make  recommendations  to
the  division  for the development of policies and procedures in general
and in specific instances. The advisory councils also shall  disseminate
information  about  the division's activities to organizations and indi-
viduals in their localities. Such advisory councils shall be composed of

A. 3358                             3

representative citizens, serving without pay, but with reimbursement for
actual and necessary traveling  expenses;  and  the  division  may  make
provision for technical and clerical assistance to such councils and for
the expenses of such assistance.
  9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate  this article and to issue such publications and such results
of investigations and research as in its judgement will tend  to  inform
persons  of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
status.
  § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
of the executive law, as amended by chapter 365 of the laws of 2015, are
amended to read as follows:
  (a)  For  an  employer or licensing agency, because of an individual's
age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
genetic characteristics, familial status, marital  status,  or  domestic
violence  victim  status,  to  refuse  to hire or employ or to bar or to
discharge from employment such individual  or  to  discriminate  against
such individual in compensation or in terms, conditions or privileges of
employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital  status,  in
receiving,  classifying, disposing or otherwise acting upon applications
for its services or in  referring  an  applicant  or  applicants  to  an
employer or employers.
  (c)  For a labor organization, because of the age, race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status, sex, disability, predisposing genetic characteristics,
familial status, or marital status of any individual, to exclude  or  to
expel  from its membership such individual or to discriminate in any way
against any of its members or against any  employer  or  any  individual
employed by an employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital  status,  or
any intent to make any such limitation, specification or discrimination,
unless  based  upon  a  bona  fide occupational qualification; provided,
however, that neither this paragraph nor any provision of  this  chapter
or  other  law  shall  be  construed to prohibit the department of civil
service or the department of personnel of any city containing more  than
one county from requesting information from applicants for civil service
examinations concerning any of the aforementioned characteristics, other
than  sexual orientation, for the purpose of conducting studies to iden-
tify and resolve possible problems in recruitment and testing of members
of minority groups to insure the fairest  possible  and  equal  opportu-

A. 3358                             4

nities  for  employment in the civil service for all persons, regardless
of age, race, creed,  color,  national  origin,  sexual  orientation  OR
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, familial status, or marital status.
  §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
the executive law, as amended by chapter 365 of the laws  of  2015,  are
amended to read as follows:
  (b)  To  deny  to  or withhold from any person because of race, creed,
color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
EXPRESSION,  military  status, sex, age, disability, familial status, or
marital status, the right to be admitted to or participate in a guidance
program,  an  apprenticeship  training  program,   on-the-job   training
program,  executive  training program, or other occupational training or
retraining program;
  (c) To discriminate against any person in his or her pursuit  of  such
programs  or  to discriminate against such a person in the terms, condi-
tions or privileges of such programs  because  of  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status,  sex,  age,  disability,  familial  status  or  marital
status;
  (d)  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  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination as to race, creed, color, national origin,
sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
age, disability, familial status or marital status, or any intention  to
make  any such limitation, specification or discrimination, unless based
on a bona fide occupational qualification.
  § 7. 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,
GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
marital  status  of any person, directly or indirectly, to refuse, with-
hold 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 on account of race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [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,  GENDER  IDENTITY  OR  EXPRESSION,
military status, sex or marital status, or having a disability is unwel-
come, objectionable or not acceptable, desired or solicited.
  §  8. 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. 3358                             5

  (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, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
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.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
familial status 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,  GENDER  IDENTITY OR EXPRESSION, 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 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, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, is amended to read as follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
status,  or  familial  status  of  the owners or occupants in the block,
neighborhood or area in which the  real  property  is  located,  and  to
represent,  directly  or indirectly, that this change will or may result
in undesirable consequences in the block, neighborhood or area in  which
the  real property is located, including but not limited to the lowering
of property values, an increase in criminal or anti-social behavior,  or
a decline in the quality of schools or other facilities.
  § 10. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall  be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the  harassment  of

A. 3358                             6

any  student or applicant, by reason of his race, color, religion, disa-
bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
EXPRESSION, military status, sex, age or marital status, except that any
such  institution  which  establishes or maintains a policy of educating
persons of one sex exclusively may admit students of only one sex.
  § 11. 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, GENDER
IDENTITY OR EXPRESSION, 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,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  marital  status, 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 facili-
ties 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,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status, or any intent  to  make  any
such limitation, specification or discrimination.
  The provisions of this paragraph (a) shall not apply (1) to the rental
of a housing accommodation in a building which contains housing accommo-
dations  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 determining whether hous-
ing 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:

A. 3358                             7

  (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, GENDER
IDENTITY OR EXPRESSION, 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,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  sex,  age,  disability,  marital  status, or familial
status 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,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
bility, marital status, or familial status; 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
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, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
status,  or  familial  status of such person or persons, or to represent
that any housing accommodation, land or commercial space is  not  avail-
able  for inspection, sale, rental or lease when in fact it is so avail-
able, or otherwise to deny or withhold any housing  accommodation,  land
or commercial 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, GENDER IDENTITY
OR EXPRESSION, military status, sex, age, disability, marital status, 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

A. 3358                             8

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,  GENDER  IDENTITY  OR
EXPRESSION, military status, sex, age, disability,  marital  status,  or
familial  status;  or any intent to make any such limitation, specifica-
tion or discrimination.
  (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 HOUSING ACCOMMODATION, 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 hous-
ing accommodation or land to be used for the construction or location of
housing accommodations 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, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
disability,  marital status, 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.
  (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.
  §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
law, as amended by chapter 365 of the laws of 2015, is amended  to  read
as follows:

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  (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or  indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement  among  its  members,  or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein,  or
to  expel or discriminate against any volunteer member of a fire depart-
ment or fire  company  therein,  because  of  the  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex, marital status, or familial status, of such  indi-
vidual.
  §  13.  Subdivision 13 of section 296 of the executive law, as amended
by chapter 365 of the laws of 2015, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
with, or otherwise discriminate against any person, because of the race,
creed,  color,  national  origin, sexual orientation, GENDER IDENTITY OR
EXPRESSION, military status, sex, disability,  or  familial  status,  of
such person, or of such person's partners, members, stockholders, direc-
tors,  officers,  managers, superintendents, agents, employees, business
associates, suppliers or customers, or (ii) for any person  wilfully  to
do  any  act or refrain from doing any act which enables any such person
to take such action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  § 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
as  amended  by  chapter 106 of the laws of 2003, are amended to read as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a. In the  case  of  applications  for  credit  with  respect  to  the
purchase,  acquisition,  construction, rehabilitation, repair or mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate against any such applicant because  of  the  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, age,  sex,  marital  status,  disability,  or  familial
status  of  such  applicant  or  applicants  or any member, stockholder,
director, officer or employee of such applicant or applicants, or of the
prospective occupants or tenants of such housing accommodation, land  or
commercial  space,  in the granting, withholding, extending or renewing,
or in the fixing of the rates, terms or conditions of, any such credit;
  b. To discriminate in the granting, withholding, extending  or  renew-
ing,  or in the fixing of the rates, terms or conditions of, any form of
credit, on the basis of race,  creed,  color,  national  origin,  sexual
orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
marital status, disability, or familial status;
  c. To use any form of application for credit or use or make any record
or inquiry which expresses,  directly  or  indirectly,  any  limitation,
specification,  or  discrimination  as  to  race, creed, color, national
origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
status, age, sex, marital status, disability, or familial status;
  d.  To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;

A. 3358                            10

  e. To refuse to consider  sources  of  an  applicant's  income  or  to
subject  an  applicant's  income  to  discounting,  in whole or in part,
because of an applicant's race, creed, color,  national  origin,  sexual
orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
marital status, childbearing potential, disability, or familial status;
  f.  To  discriminate  against  a  married  person  because such person
neither uses nor is known by the surname of his or her spouse.
  This paragraph shall not apply to any situation where  the  use  of  a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it  shall  be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
tal status or disability, or familial status, (i) an applicant or  class
of  applicants  is denied credit in circumstances where other applicants
of like overall credit worthiness are granted credit,  or  (ii)  special
requirements  or conditions, such as requiring co-obligors or reapplica-
tion upon marriage, are imposed upon an applicant or class of applicants
in circumstances  where  similar  requirements  or  conditions  are  not
imposed upon other applicants of like overall credit worthiness.
  3.  It  shall  not  be  considered  discriminatory if credit differen-
tiations or decisions are based upon  factually  supportable,  objective
differences  in applicants' overall credit worthiness, which may include
reference to such factors as current income,  assets  and  prior  credit
history  of  such applicants, as well as reference to any other relevant
factually supportable data; provided, however, that  no  creditor  shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics  or  assumptions  relating  to  race,  creed, color, national
origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
status,  sex,  marital status or disability, or to the likelihood of any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
  § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
law, as added by chapter 481 of the laws of 2010, is amended to read  as
follows:
  (b) Subject a domestic worker to unwelcome harassment based on gender,
race,  religion,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR EXPRESSION or
national origin, where such harassment has  the  purpose  or  effect  of
unreasonably interfering with an individual's work performance by creat-
ing an intimidating, hostile, or offensive working environment.
  § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
the laws of 2002, is amended to read as follows:
  § 40-c. Discrimination. 1. All persons within the jurisdiction of this
state  shall  be  entitled  to  the equal protection of the laws of this
state or any subdivision thereof.
  2. No person shall, because of race, creed,  color,  national  origin,
sex,  marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION,
or disability, as such term is defined in section two hundred ninety-two
of the executive law, be subjected to any discrimination in his  or  her
civil  rights, or to any harassment, as defined in section 240.25 of the
penal law, in the exercise thereof, by any other person or by any  firm,
corporation or institution, or by the state or any agency or subdivision
of the state.
  §  17.  Paragraph (a) of subdivision 1 of section 313 of the education
law, as amended by chapter 2 of the laws of 2002, is amended to read  as
follows:

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  (a) It is hereby declared to be the policy of the state that the Amer-
ican  ideal of equality of opportunity requires that students, otherwise
qualified, be admitted to educational institutions and be  given  access
to all the educational programs and courses operated or provided by such
institutions  without regard to race, color, sex, religion, creed, mari-
tal status, age, sexual orientation as defined in  section  two  hundred
ninety-two  of  the  executive  law,  GENDER  IDENTITY  OR EXPRESSION AS
DEFINED IN SECTION TWO HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE  LAW,  or
national origin, except that, with regard to religious or denominational
educational  institutions, students, otherwise qualified, shall have the
equal opportunity to attend therein without  discrimination  because  of
race,  color, sex, marital status, age, sexual orientation as defined in
section two hundred ninety-two of the executive law, GENDER IDENTITY  OR
EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
LAW,  or national origin. It is a fundamental American right for members
of various religious faiths to establish and maintain educational insti-
tutions exclusively or primarily for students  of  their  own  religious
faith  or to effectuate the religious principles in furtherance of which
they are maintained. Nothing herein contained shall  impair  or  abridge
that right.
  § 18. Subdivision 3 of section 313 of the education law, as amended by
chapter 2 of the laws of 2002, is amended to read as follows:
  (3)  Unfair  educational  practices. It shall be an unfair educational
practice for an educational institution after September fifteenth, nine-
teen hundred forty-eight:
  (a) To exclude or limit or otherwise discriminate against  any  person
or  persons  seeking admission as students to such institution or to any
educational program or course operated or provided by  such  institution
because of race, religion, creed, sex, color, marital status, age, sexu-
al orientation as defined in section two hundred ninety-two of the exec-
utive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS DEFINED IN SECTION TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
nothing in this section shall be deemed to affect, in any way, the right
of a religious or denominational educational institution to  select  its
students  exclusively  or  primarily  from  members  of such religion or
denomination or from giving preference in such selection to such members
or to make such selection of its  students  as  is  calculated  by  such
institution  to  promote the religious principles for which it is estab-
lished or maintained. Nothing herein contained shall impair  or  abridge
the  right of an independent institution, which establishes or maintains
a policy of educating persons of one sex exclusively, to admit  students
of only one sex.
  (b) To penalize any individual because he or she has initiated, testi-
fied, participated or assisted in any proceedings under this section.
  (c)  To  accept any endowment or gift of money or property conditioned
upon teaching the doctrine of supremacy of any particular race.
  (d) With respect to any individual who withdraws  from  attendance  to
serve on active duty in the armed forces of the United States in time of
war,  including  any individual who withdrew from attendance on or after
August second, nineteen hundred ninety to serve on active  duty  in  the
armed  forces  of the United States in the Persian Gulf conflict: (i) to
deny or limit the readmission of such individual to such institution  or
to any educational program or course operated or provided by such insti-
tution  because  of  such  withdrawal  from attendance or because of the
failure to complete any educational program or course due to such  with-
drawal;  (ii)  to  impose any academic penalty on such person because of

A. 3358                            12

such withdrawal or because of the failure to  complete  any  educational
program  or  course due to such withdrawal; (iii) to reduce or eliminate
any financial aid award granted to such individual which  could  not  be
used,  in  whole  or  part, because of such withdrawal or because of the
failure to complete any educational program or course due to such  with-
drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
fees paid by such individual for  any  semester,  term  or  quarter  not
completed  because  of  such  withdrawal  or  because  of the failure to
complete any program or course due to such withdrawal.
  (e) It shall not be an unfair educational practice for any educational
institution to use criteria  other  than  race,  religion,  creed,  sex,
color, marital status, age, sexual orientation as defined in section two
hundred  ninety-two  of the executive law, GENDER IDENTITY OR EXPRESSION
AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE  EXECUTIVE  LAW,  or
national  origin  in the admission of students to such institution or to
any of the educational programs and courses operated or provided by such
institution.
  § 19. Section 485.00 of the penal law, as added by chapter 107 of  the
laws of 2000, is amended to read as follows:
§ 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts involv-
ing  violence,  intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New  York  state  in  recent
years.    The  intolerable  truth  is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,
in whole or in part, because of  their  race,  color,  national  origin,
ancestry,  gender,  GENDER  IDENTITY  OR EXPRESSION, religion, religious
practice, age, disability or sexual orientation.  Hate  crimes  do  more
than  threaten  the  safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the  very
fabric  of  free  society.  Crimes  motivated by invidious hatred toward
particular groups not only harm individual victims but send  a  powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs.  Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic  processes.    In  a  democratic  society, citizens cannot be
required to approve of the beliefs and practices  of  others,  but  must
never  commit  criminal  acts  on  account of them. Current law does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened  to  provide
clear  recognition  of  the  gravity  of  hate crimes and the compelling
importance of preventing their recurrence.
  Accordingly, the legislature  finds  and  declares  that  hate  crimes
should be prosecuted and punished with appropriate severity.
  §  20.  Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  A  person  commits a hate crime when he or she commits a specified
offense and either:
  (a) intentionally selects the  person  against  whom  the  offense  is
committed  or  intended  to be committed in whole or in substantial part
because of a belief or perception regarding the  race,  color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or  sexual  orientation of a person,
regardless of whether the belief or perception is correct, or

A. 3358                            13

  (b) intentionally commits the act or acts constituting the offense  in
whole or in substantial part because of a belief or perception regarding
the  race,  color, national origin, ancestry, gender, GENDER IDENTITY OR
EXPRESSION, religion, religious  practice,  age,  disability  or  sexual
orientation  of a person, regardless of whether the belief or perception
is correct.
  2. Proof of race, color, national  origin,  ancestry,  gender,  GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and  the  victim  does  not,  by  itself,  constitute legally sufficient
evidence satisfying the people's burden under paragraph (a)  or  (b)  of
subdivision one of this section.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b)  the  term "disability" means a physical or mental impairment that
substantially limits a major life activity[.];
  (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A  PERSON'S  ACTUAL
OR  PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
  § 21. Subdivision 3 of section 240.30 of the penal law, as amended  by
chapter 188 of the laws of 2014, is amended to read as follows:
  3. With the intent to harass, annoy, threaten or alarm another person,
he  or  she strikes, shoves, kicks, or otherwise subjects another person
to physical contact, or attempts or threatens to do the same because  of
a  belief  or  perception  regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or  sexual  orientation,  regardless  of
whether the belief or perception is correct; or
  §  22.  The  opening  paragraph of section 240.31 of the penal law, as
amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
follows:
  A  person  is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person,  because
of  a belief or perception regarding such person's race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability or  sexual  orientation,  regardless  of
whether the belief or perception is correct, he or she:
  §  23.  Section  240.00  of  the  penal law is amended by adding a new
subdivision 7 to read as follows:
  7.  "GENDER  IDENTITY  OR  EXPRESSION"  MEANS  A  PERSON'S  ACTUAL  OR
PERCEIVED  GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR
OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE  SEX  ASSIGNED  TO
THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
TRANSGENDER.
  § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-

A. 3358                            14

try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
tice, age, disability or sexual orientation of a person; and
  §  25.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however,  that  sections  nineteen  through
twenty-four  of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.