S T A T E O F N E W Y O R K
________________________________________________________________________
9526
I N A S S E M B L Y
January 24, 2020
___________
Introduced by M. of A. BUCHWALD, ZEBROWSKI -- (at request of the Divi-
sion of Human Rights) -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to providing that there
is no exemption from the requirement of nondiscrimination in adver-
tisements and inquiries for the rental of an apartment in an owner-oc-
cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
pied dwelling, and that engaging in discriminatory advertising or
inquiries will cause the property to no longer be exempt from full
coverage by the nondiscrimination provisions of the human rights law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of subparagraph 3 of paragraph (a) 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:
(4) (I) The provisions OF SUBPARAGRAPHS ONE AND TWO 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 accommodation 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 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]. HOWEVER, SUCH RENTAL PROPERTY SHALL NO LONGER BE EXEMPT FROM THE
PROVISIONS OF SUCH SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH IF THERE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09280-01-9
A. 9526 2
IS UNLAWFUL DISCRIMINATORY CONDUCT PURSUANT TO SUBPARAGRAPH THREE OF
THIS PARAGRAPH.
(II) THE PROVISIONS OF SUBPARAGRAPHS ONE, TWO AND THREE OF THIS PARA-
GRAPH SHALL NOT APPLY (A) TO THE RESTRICTION OF THE RENTAL OF ALL ROOMS
IN A HOUSING ACCOMMODATION TO INDIVIDUALS OF THE SAME SEX, (B) 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 (C) 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.
§ 2. This act shall take effect on the same date and in the same
manner as section 11 of chapter 8 of the laws of 2019.