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.