S T A T E O F N E W Y O R K
________________________________________________________________________
6360
2019-2020 Regular Sessions
I N A S S E M B L Y
March 6, 2019
___________
Introduced by M. of A. WEPRIN, JOYNER, TITUS -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to preventing discrimi-
nation based on lawful source of income in housing
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 "Lawful source of income non-discrimination act of 2019".
§ 2. Section 292 of the executive law is amended by adding a new
subdivision 36 to read as follows:
36. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE
LIMITED TO, CHILD SUPPORT, ALIMONY, FOSTER CARE SUBSIDIES, INCOME
DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL
PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT LIMITED TO,
SECTION 8 VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR
CREDIT WHETHER OR NOT SUCH INCOME OR CREDIT IS PAID OR ATTRIBUTED
DIRECTLY TO A LANDLORD, AND OTHER FORMS OF LAWFUL INCOME.
§ 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
296 of the executive law, as amended by chapter 8 of the laws of 2019,
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, gender identity or expression, military status, age, sex,
marital status, LAWFUL SOURCE OF INCOME 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10536-01-9
A. 6360 2
LAWFUL SOURCE OF INCOME 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, LAWFUL SOURCE OF INCOME or familial status of
a person seeking to rent or lease any publicly-assisted housing accommo-
dation; 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, LAWFUL SOURCE OF INCOME or familial status, or
any intent to make any such limitation, specification or discrimination.
§ 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
section 296 of the executive law, as amended by chapter 8 of the laws of
2019, 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, gender
identity or expression, military status, sex, age, disability, marital
status, LAWFUL SOURCE OF INCOME 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, LAWFUL SOURCE OF
INCOME 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, gender identity or expression, military status, sex, age, disa-
bility, marital status, LAWFUL SOURCE OF INCOME or familial status, or
any intent to make any such limitation, specification or discrimination.
§ 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of
section 296 of the executive law, as amended by chapter 8 of the laws of
2019, are amended to read as follows:
(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,
A. 6360 3
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, LAWFUL SOURCE OF INCOME or familial status of such person or
persons, or to represent that any housing accommodation, land or commer-
cial 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 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, LAWFUL SOURCE OF INCOME 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
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,
LAWFUL SOURCE OF INCOME or familial status; or any intent to make any
such limitation, specification or discrimination.
§ 6. Paragraph (d) of subdivision 5 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(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, LAWFUL SOURCE OF INCOME 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.
§ 7. This act shall take effect immediately and shall apply to all
causes of action filed on or after such effective date.