S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    591
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting  discrimi-
   natory practices against domestic violence victims
 
   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 "DOMESTIC VIOLENCE VICTIM" MEANS AN INDIVIDUAL WHO IS  OR
 IS PERCEIVED BY THE ACTOR TO BE A VICTIM OF DOMESTIC VIOLENCE AS DEFINED
 IN  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF THE SOCIAL SERVICES LAW, OR
 STALKING AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW.
   § 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,  DOMESTIC
 VIOLENCE VICTIM 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, military
 status, age, sex, marital status, DOMESTIC VIOLENCE  VICTIM  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, membership in the reserve armed forces of the United  States  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02767-01-7

 A. 591                              2
 
 in  the organized militia of the state, age, sex, marital status, DOMES-
 TIC VIOLENCE VICTIM 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.
   §  3.  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, DOMESTIC VIOLENCE VICTIM
 STATUS, or familial status of such person or persons,  or  to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available.
   (2) To discriminate against any person because of race, creed,  color,
 national origin, sexual orientation, military status, sex, age, disabil-
 ity, marital status, DOMESTIC VIOLENCE VICTIM 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  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,  DOMESTIC
 VIOLENCE  VICTIM  STATUS,  or familial status, or any intent to make any
 such limitation, specification or discrimination.
   § 4. Subdivision 5 of section 296 of the executive law is  amended  by
 adding a new paragraph (h) to read as follows:
   (H)  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON OR
 ENTITY TO OBTAIN FOR, OR PROVIDE TO, ANY  PERSON  HAVING  THE  RIGHT  TO
 SELL,  RENT  OR  LEASE A HOUSING ACCOMMODATION, OR ANY AGENT OR EMPLOYEE
 THEREOF, INFORMATION RELATING TO THE DOMESTIC VIOLENCE VICTIM STATUS  OF
 AN INDIVIDUAL WHO RENTS, LEASES OR SUB-LEASES A HOUSING ACCOMMODATION OR
 WHO SEEKS TO PURCHASE, RENT, LEASE OR SUB-LEASE A HOUSING ACCOMMODATION.
   § 5. This act shall take effect immediately.