NY State Senate Bill 2017-S4511

Senate Bill S4511

2017-2018 Legislative Session

Relates to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Feb 16, 2017	referred to investigations and government operations

2017-S4511 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§291, 292, 295 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6541
2019-2020: S2282

2017-S4511 (ACTIVE) - Summary

Relates to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income.

2017-S4511 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4511

 TITLE OF BILL :  An act to amend the executive law, in relation to
making it an unlawful discriminatory practice to discriminate in the
ownership, use, leasing or occupancy of housing accommodations based
upon source of income

 PURPOSE :

To make it an unlawful discriminatory practice to discriminate in the
ownership, use, leasing or occupancy of housing accommodations based
upon source of income.

 SUMMARY OF PROVISIONS :

This makes appropriate additions to the law including source of income
as an unlawful basis to discriminate in the ownership, use, leasing or
occupancy of housing accommodations. However, persons shall retain the
ability to consider income derived from criminal activity and
determine the ability of a potential buyer or renter to pay a purchase
price or rent by verifying source of income and evaluating stability,
security and credit worthiness.

 EXISTING LAW :

It is currently unlawful to discriminate on the basis of race, creed,

color, disability, national origin, sexual orientation, military
status, age, sex, marital status or family status for the purpose of
housing accommodations.

 JUSTIFICATION :

It is becoming more and more difficult for low-income New Yorkers to
afford decent housing for their families. As real estate prices have
skyrocketed, lower-income workers have been priced out of the housing
market and the demand for federal Section 8 Vouchers far outpaces
supply. There is also good reason to believe that many landlords
discriminate against tenants with Section 8 Vouchers.

Federal fair housing law prohibits discrimination based on race,
color, national origin, religion, sex and family status, (including
children under the age of 18 living with parents or legal guardians,
and pregnant women) but in most states, landlords are permitted to
discriminate against prospective tenants who pay with Housing Choice
Vouchers.  There are only twelve states that prohibit discrimination
against prospective renters based upon their source of income. When
source of income discrimination is prohibited, families in need are
able to gain greater access to decent, affordable housing.

Research consistently shows that economically integrated communities
are better able to utilize resources for better schools, social
services and employment, making it easier for lower-income families to
break the cycle of poverty. Families that spend less on housing are
able to spend more of their income in the local economy.

 LEGISLATIVE HISTORY :

01/22/16 Referred to Investigations and Government Operations

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None
 EFFECTIVE DATE :
This act shall take effect immediately

2017-S4511 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4511
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 making it an  unlawful
   discriminatory practice to discriminate in the ownership, use, leasing
   or occupancy of housing accommodations based upon source of income
 
   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 may  be  cited  as
 the "source of income anti-discrimination act".
   §  2. Subdivision 2 of section 291 of the executive law, as amended by
 chapter 196 of the laws of 2010, is amended to read as follows:
   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,  military
 status, SOURCE OF INCOME, sex, marital status, or disability, as  speci-
 fied in section two hundred ninety-six of this article, is hereby recog-
 nized 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 "SOURCE OF INCOME", WHEN USED IN THIS ARTICLE, MEANS  ANY
 LAWFUL SOURCE OF INCOME PAID DIRECTLY OR INDIRECTLY TO A RENTER OR BUYER
 OF HOUSING, INCLUDING:
   (A) ANY LAWFUL PROFESSION OR OCCUPATION;
   (B) ANY GOVERNMENT OR PRIVATE ASSISTANCE, GRANT OR LOAN PROGRAM;
   (C)  ANY  GIFT, INHERITANCE, PENSION, ANNUITY, ALIMONY, CHILD SUPPORT,
 OR OTHER BENEFIT OR CONSIDERATION; OR
   (D) ANY SALE OR PLEDGE OF REAL OR PERSONAL PROPERTY,  OR  INTEREST  IN
 REAL OR PERSONAL PROPERTY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02203-01-7

 S. 4511                             2
 
   §  4. Subdivision 9 of section 295 of the executive law, as amended by
 chapter 106 of the laws of 2003, is amended to read as follows:
   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] JUDGMENT 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,
 military status, sex, disability  [or],  marital  status  OR  SOURCE  OF
 INCOME.
   §  5. 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.
   § 6. 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.

 S. 4511                             3
 
   (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.
   The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
 rental  of  a housing accommodation in a building which contains housing
 accommodations 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  accommo-
 dation  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:
   (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

 S. 4511                             4
 
 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,  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

 S. 4511                             5
 
 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.
   § 7. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22.  NOTHING IN THIS SECTION PROHIBITING DISCRIMINATION BASED UPON THE
 SOURCE OF INCOME SHALL BE DEEMED TO PROHIBIT ANY PERSON FROM:
   (A) REFUSING TO CONSIDER ANY INCOME DERIVED FROM ANY  CRIMINAL  ACTIV-
 ITY; OR
   (B)  DETERMINING  THE  ABILITY OF A POTENTIAL BUYER OR RENTER TO PAY A
 PURCHASE PRICE OR RENT BY:
   (I) VERIFYING, IN A COMMERCIALLY REASONABLE  MANNER,  THE  SOURCE  AND
 AMOUNT OF INCOME OF A POTENTIAL BUYER OR RENTER, OR
   (II)  EVALUATING,  IN A COMMERCIALLY REASONABLE MANNER, THE STABILITY,
 SECURITY AND CREDIT WORTHINESS OF A POTENTIAL BUYER OR RENTER, OR OF ANY
 SOURCE OF INCOME OF A POTENTIAL BUYER OR RENTER.
   § 8. This act shall take effect on the first of July  next  succeeding
 the date upon which it shall have become a law.

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