S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5431
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  STIRPE, BICHOTTE, JOYNER, WALKER --
   Multi-Sponsored by -- M. of  A.  BRONSON,  GALEF,  GOTTFRIED,  LAVINE,
   LIFTON,   McDONALD,   McDONOUGH,  MOSLEY,  PERRY,  RIVERA,  ROSENTHAL,
   SEPULVEDA, SKARTADOS -- read once and referred  to  the  Committee  on
   Governmental 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.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00759-01-7

 A. 5431                             2
 
 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, AND PROVIDED FURTHER,
 HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO
 PREVENT AN OWNER, LESSEE, SUB-LESSEE, ASSIGNEE OR  MANAGING  AGENT  FROM
 OBTAINING A CREDIT REPORT DETAILING SUCH PERSON'S CREDIT WORTHINESS.
   §  3. 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
 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, PROVIDED, HOWEVER, THAT THE
 PROVISIONS OF THIS SUBPARAGRAPH SHALL NOT BE  CONSTRUED  TO  PREVENT  AN
 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 FROM
 OBTAINING A  CREDIT  REPORT  DETAILING  THE  CREDIT  WORTHINESS  OF  ANY
 PROSPECTIVE  INDIVIDUALS  SEEKING  TO  PURCHASE, RENT OR LEASE A HOUSING
 ACCOMMODATION.
   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

 A. 5431                             3
 
 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:
   (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
 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

 A. 5431                             4
 
 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-
 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

 A. 5431                             5
 
 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.
   (H)  THE  PROVISIONS  OF  THIS  SUBDIVISION PROHIBITING DISCRIMINATORY
 PRACTICES BASED ON SOURCE OF INCOME SHALL NOT BE CONSTRUED  TO  PROHIBIT
 THE  REFUSAL OF A SALE, RENTAL OR LEASE OF COMMERCIAL SPACE BASED ON THE
 TYPE OF COMMERCIAL ACTIVITY SUCH PURCHASER, RENTER OR  LESSEE  WILL  USE
 SUCH COMMERCIAL SPACE FOR.
   §  4.  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-A AND  FIVE
 OF  THIS  SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY
 PRACTICES BASED ON SOURCE OF INCOME, SUCH PROVISIONS SHALL NOT APPLY  TO
 HOUSING  ACCOMMODATIONS  THAT:    (I)  CONTAIN  FEWER THAN THREE HOUSING
 UNITS; OR (II) CONTAIN A TOTAL OF FIVE OR FEWER  HOUSING  UNITS  LOCATED
 WITHIN  A MUNICIPALITY THAT HAD A LOCAL LAW PERTAINING TO SUCH DISCRIMI-
 NATORY PRACTICES, WHICH EXEMPTED HOUSING ACCOMMODATIONS  THAT  CONTAINED
 FIVE OR FEWER HOUSING UNITS FROM SUCH PROHIBITION, IN EXISTENCE PRIOR TO
 THE  EFFECTIVE DATE OF THIS SUBDIVISION, 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-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 HOUS-
 ING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX OR MORE
 HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST THEREIN.
   § 5. This act shall take effect immediately.