NY State Senate Bill 2019-S3011

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
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Jan 31, 2019	referred to investigations and government operations

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2019-S3011 (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:: 2015-2016: S7742
2017-2018: S1898

2019-S3011 (ACTIVE) - Summary

Relates to rental discrimination based on income.

2019-S3011 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3011

SPONSOR: COMRIE
 
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; make discrimination by landlords based on a tenant's source
of income illegal under New York State Human Rights Law.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 35 to section 292 of the executive law
defining the term "source of income" to include, but is not 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 "source of income" to the prohibition of
discrimination in relation to denying access to accommodations, advan-
tages, facilities or privileges of any public accommodation, resort or
amusement.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "source of income" to all
sections for inclusion against discrimination in relation to the 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 "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,
lessor, sub-lessor, 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, lessor, subles-
sor, 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 exempts units in some buildings that have five or fewer units
located certain municipalities that had a preexisting local law prohib-
iting discrimination based on source of income from this legislation. If
the local law were to be repealed the state law would take effect.

Section 5 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 and
Nassau.

 
LEGISLATIVE HISTORY:

S 1898 COMRIE Same as A 5431 Weprin (MS)

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3011 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3011
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by Sens. COMRIE, MONTGOMERY, PARKER, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Investigations and Government 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 36 to read as follows:
   36. 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. Paragraphs (a), (b) and (c) 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, [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,  gender
 identity  or expression, military status, age, sex, marital status, [or]
 familial status, OR SOURCE OF INCOME in the terms, conditions or  privi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07578-02-9

 S. 3011                             2
 
 leges of any publicly-assisted housing accommodations or in the furnish-
 ing 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, [or] familial status, OR SOURCE OF INCOME 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,  AND  PROVIDED FURTHER, HOWEVER, THAT THE PROVISIONS OF THIS
 PARAGRAPH SHALL NOT BE CONSTRUED TO PREVENT AN OWNER,  LESSEE,  SUB-LES-
 SEE, ASSIGNEE OR MANAGING AGENT FROM OBTAINING A CREDIT REPORT DETAILING
 SUCH PERSON'S CREDIT WORTHINESS.
   §  3. 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:
   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, gender
 identity or expression, 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,  gender  identity or expression,
 military status, sex, age, disability,  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, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  [or] familial status, OR SOURCE OF INCOME, or
 any intent to make any such limitation, specification or discrimination,
 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBPARAGRAPH SHALL NOT BE
 CONSTRUED TO PREVENT AN OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING
 AGENT OF, OR OTHER PERSON HAVING THE RIGHT TO  SELL,  RENT  OR  LEASE  A
 HOUSING  ACCOMMODATION,  CONSTRUCTED  TO BE CONSTRUCTED, OR ANY AGENT OR
 EMPLOYEE THEREOF FROM OBTAINING A CREDIT  REPORT  DETAILING  THE  CREDIT
 WORTHINESS  OF  ANY PROSPECTIVE INDIVIDUALS SEEKING TO PURCHASE, RENT OR
 LEASE A HOUSING ACCOMMODATION.
   The provisions of this paragraph (a) shall not apply (1) to the rental
 of a housing accommodation in a building which contains housing accommo-
 dations for not more than two  families  living  independently  of  each
 other,  if  the owner resides in one of such housing accommodations, (2)

 S. 3011                             3
 
 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 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, gender
 identity or expression, 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,  gender  identity or expression,
 military status, sex, age, disability,  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, gender identity or expression, military status, sex, age,  disa-
 bility,  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-
 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:

 S. 3011                             4
 
   (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, gender
 identity or expression, 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 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, [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,  gender  identity  or
 expression, 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.
   (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 housing accommodation, 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 hous-
 ing accommodation or land to be used for the construction or location of
 housing accommodations 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, gender identity or expression, 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
 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

 S. 3011                             5
 
 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.
   (H)  THE  PROVISIONS  OF  THIS  SUBDIVISION PROHIBITING DISCRIMINATORY
 PRACTICES BASED ON SOURCE OF INCOME SHALL NOT BE CONSTRUED  TO  PROHIBIT
 THE  REFUSAL OF A SALE, RENTAL OR LEASE OF COMMERCIAL SPACE BASED ON THE
 TYPE OF COMMERCIAL ACTIVITY SUCH PURCHASER, RENTER OR  LESSEE  WILL  USE
 SUCH COMMERCIAL SPACE FOR.
   §  4.  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-A AND  FIVE
 OF  THIS  SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY
 PRACTICES BASED ON SOURCE OF INCOME, SUCH PROVISIONS SHALL NOT APPLY  TO
 HOUSING  ACCOMMODATIONS  THAT:    (I)  CONTAIN  FEWER THAN THREE HOUSING
 UNITS; OR (II) CONTAIN A TOTAL OF FIVE OR FEWER  HOUSING  UNITS  LOCATED
 WITHIN  A MUNICIPALITY THAT HAD A LOCAL LAW PERTAINING TO SUCH DISCRIMI-
 NATORY PRACTICES, WHICH EXEMPTED HOUSING ACCOMMODATIONS  THAT  CONTAINED
 FIVE OR FEWER HOUSING UNITS FROM SUCH PROHIBITION, IN EXISTENCE PRIOR TO
 THE  EFFECTIVE DATE OF THIS SUBDIVISION, 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-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 HOUS-
 ING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX OR MORE
 HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST THEREIN.
   § 5. This act shall take effect immediately; provided,  however,  that
 if  chapter  8  of  the  laws  of 2019 shall not have taken effect on or
 before such date then sections two and three  of  this  act  shall  take
 effect  on  the  same date and in the same manner as such chapter of the
 laws of 2019, takes effect.

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Senate Bill S3011

Sponsored By

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

co-Sponsors

2019-S3011 (ACTIVE) - Details

2019-S3011 (ACTIVE) - Summary

2019-S3011 (ACTIVE) - Sponsor Memo

2019-S3011 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3011

Share this bill

Sponsored By

Leroy Comrie

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

co-Sponsors

Pete Harckham

Velmanette Montgomery

Kevin S. Parker

Julia Salazar

2019-S3011 (ACTIVE) - Details

2019-S3011 (ACTIVE) - Summary

2019-S3011 (ACTIVE) - Sponsor Memo

2019-S3011 (ACTIVE) - Bill Text download pdf

Comments