NY State Senate Bill 2017-S7003

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations

co-Sponsors

2017-S7003 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7613
2011-2012: S83
2013-2014: S187
2015-2016: S151

2017-S7003 (ACTIVE) - Summary

Relates to rental discrimination based on income.

2017-S7003 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7003

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the executive law, in relation to
discrimination based upon the income of persons

 
PURPOSE:

To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
source of income illegal under New York State Human' Rights Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 35 to section 292 of the executive law
defining the term "lawful source of income" to include, but not be
limited to, wages, income derived from social security, federal or state
public assistance, and housing and rental subsidies such as section 8
vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the execu-

tive law to add the language "or source of income" as a category
protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, refusal to rent and
to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to add
the language "or source of income" as a protected status form discrimi-
nation in relation to housing to the New York State Human Rights Law
Subsection (a) extends protections against the practices of an owner,
lessee, sub-lease, or managing agent, or any other person having the,
right to sell, rent or lease a housing accommodation. Subsection (b)
extends protections against the practices of an owner, lessee, sublease,
or managing agent, or any other person having the right to sell, rent or
lease land or commercial space. Subsection (c) extends protections
against the practices of a real estate broker, real estate sales person,
or agent. Subsection (d) extends protections against the practices of a
real estate board.

Section 5 amends section 296 of the executive law to add a new subdivi-
sion (22) that exempts housing accommodations that contain a total of
five or fewer housing units located within a municipality that had a
local law pertaining to such discriminatory practices, which exempted
housing accommodations that contained five Or fewer housing units from
such prohibition, in existence prior to the effective date of this bill.

If the local law is subsequently repealed, the provisions of this bill
would then apply to such housing accommodations. Notwithstanding this
exemption, the prohibition on unlawful discriminatory practices based on
source of income in this bill shall apply 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 bill, and to all
housing accommodations, regardless of the number of units contained in
each, of any owner or any agent who has the right to sell, rent, or
lease at least one housing accommodation within the state of New York
that contains six or more housing units.
Section 6 contains the effective date.

 
JUSTIFICATION:

Currently, New York State law does not prevent landlords from discrimi-
nation based on a person's source of income. As a result, landlords
often reject tenants with rental subsidies, such as section 8 and subsi-
dies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers. Many people with disabilities rely on
those subsidies and other assistance programs to live independently in
the community. This legislation would make discrimination by landlords
based on a tenant's source of income illegal under New York State Human
Rights Law. Similar laws have already been passed in New York City,
Westchester and Nassau.

 
PRIOR LEGISLATIVE HISTORY:

2016: S151A/A6764 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS/ referred to governmental operations
2015: S151A/A6764 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS/ referred to governmental operations
2013-2014: S187/A5437 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS
2011-2012: S83/A10163-A1121 - COMMITTEE DISCHARGED AND COMMITTED TO
RULES/Passed Assembly
2009-2010: S7613/A10689- Passed Both Houses

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7003 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7003
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  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.  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,
 military  status, sex, SOURCE OF INCOME, or disability or marital status
 of any person, directly or indirectly, to refuse, withhold 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,
 military status, sex, SOURCE OF INCOME, or disability or marital status,
 or that the patronage or custom thereat of any person of  or  purporting

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02373-01-7

 S. 7003                             2
 
 to  be  of  any  particular  race, creed, color, national origin, sexual
 orientation, military status, SOURCE OF INCOME, sex or  marital  status,
 or  having  a  disability is unwelcome, objectionable or not acceptable,
 desired or solicited.
   §  3. 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.
   § 4. 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]

 S. 7003                             3
 
 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)] : (I) to
 the rental of a housing accommodation in a building which contains hous-
 ing accommodations for not more than two families  living  independently
 of  each  other,  if  the  owner resides in one of such housing accommo-
 dations, [(2)] (II) to the restriction of the rental of all rooms  in  a
 housing  accommodation  to individuals of the same sex or [(3)] (III) 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 accommo-
 dation or [(4)] (IV) 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 deter-
 mining 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.
   (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-

 S. 7003                             4
 
 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
 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

 S. 7003                             5
 
 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.
   §  5.  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, TWO-A, AND
 FIVE OF THIS SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINA-
 TORY PRACTICES BASED ON SOURCE OF  INCOME,  SUCH  PROVISIONS  SHALL  NOT
 APPLY  TO  HOUSING  ACCOMMODATIONS THAT CONTAIN A TOTAL OF FIVE OR FEWER
 HOUSING UNITS LOCATED  WITHIN  A  MUNICIPALITY  THAT  HAD  A  LOCAL  LAW
 PERTAINING  TO  SUCH  DISCRIMINATORY  PRACTICES,  WHICH EXEMPTED HOUSING
 ACCOMMODATIONS THAT CONTAINED FIVE OR  FEWER  HOUSING  UNITS  FROM  SUCH
 PROHIBITION,  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, 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,  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 HOUSING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX
 OR MORE HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN  INTEREST
 THEREIN.
   § 6. This act shall take effect immediately.

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Senate Bill S7003

Sponsored By

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

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co-Sponsors

2017-S7003 (ACTIVE) - Details

2017-S7003 (ACTIVE) - Summary

2017-S7003 (ACTIVE) - Sponsor Memo

2017-S7003 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

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

Actions

co-Sponsors

Brad Hoylman-Sigal

Timothy M. Kennedy

2017-S7003 (ACTIVE) - Details

2017-S7003 (ACTIVE) - Summary

2017-S7003 (ACTIVE) - Sponsor Memo

2017-S7003 (ACTIVE) - Bill Text download pdf

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