Senate Bill S6157

                                
 
BILL NUMBER: S6157

SPONSOR: LIU
 
TITLE OF BILL:  An act to amend the executive law, in relation to
providing that there is no exemption from the requirement of nondiscrim-
ination in advertisements and inquiries for the rental of an apartment
in an owner-occupied two-unit dwelling, or for the rental of rooms in an
owner-occupied 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

 
PURPOSE OF THE BILL:

The purpose of the bill is to change the Human Rights Law with regard to
non-discrimination in private housing, such that: (1) there will
no.longer be an exemption from the requirement of nondiscrimination in
advertisements and inquiries for the rental of an apartment in an
owner-occupied two-unit dwelling, and (2) that engaging in discriminato-
ry advertising or inquiries will cause such property to no longer be
exempt from full coverage by the nondiscrimination provisions of the
Human Rights Law

              

 
SUMMARY OF PROVISIONS:

Paragraph (a) of subsection 5 of section 296 of the Executive Law would
be amended to number the paragraph following paragraph (3) as paragraph
(4), and to divide the provisions of said paragraph (4) into subpara-
graphs (i) and (ii), and to amend those subparagraphs.

Subparagraph (i) limits the exemption for rental of an apartment in an
owner-occupied two-unit dwelling, such that, despite the exemption from
the other provisions of the Human Rights Law, it is nevertheless unlaw-
ful to print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion, or to make any record or inquiry which expresses, directly or
indirectly, 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 any intent to
make any such limitation, specification or discrimination. Subparagraph
(i) is further amended to provide that violation of this statement,
advertisement or publication provision will cause the property involved
to lose its exemption and become subject to all provisions of the Human
Rights Law.

Subparagraph (ii) maintains the existing exemption from coverage of the
Human Right Law, including the exemption from the advertisement and
inquiry provision, for the restriction in the rental of rooms to a
single sex, for the rental of rooms in an owner-occupied dwelling, and
for restrictions with regard to age and familial status for qualified
senior housing.

 
EXISTING LAW:

The Human Rights Law currently completely exempts owner-occupied two-
unit dwellings from any coverage.

 
JUSTIFICATION:


The Human Rights Law currently completely exempts owner-occupied two-
unit dwellings from any coverage. Therefore, it is lawful Under the
Human Rights Law to advertise or inquire with the express intention of
indicating that person of a particUlar race, creed, color, national
origin, sexual orientation, military status, sex, age, disability, mari-
tal status, or familial status will not be accepted as a tenant. Thus,
for example, a landlord renting the second unit in their two-family
residence could post a sign in the window stating "whites only", or
could ask prospective tenants for their religious affiliation with the
intention of refusing to rent to persons of a particular creed.

The proposed legislation will make the Human Rights Law substantially
equivalent to the federal Fair Housing Act with regard to making odious
discriminatory advertising and inquiries illegal regardless of the
exemption of the property from full coverage of the law. Also, like its
federal counterpart, the Human Rights Law will now apply in full force
to otherwise exempt properties whenever the advertising and inquiry
provision is violated.

 
PRIOR LEGISLATIVE HISTORY:

This bill was introduced in the 2017-18 session as A.7280 (Departmental
Bill   16; DHR   0417). It did not come to a vote in either house. This
bill was introduced in 2015-2016 as A.7514 (Departmental  6, DHR
03-15). It passed the Assembly but did not come to a vote in the Senate.
In 2013-2014, this bill was introduced as A.6898/S.4401 (Departmental
40, DHR   04-13). It did not come to a vote in either house.

A similar bill was also introduced in 2011-2012 as A.9899/S.6902 (as
Departmental  98, DHR   03-12). It did not come to a vote in either
house.

 
BUDGET IMPLICATIONS:

None.

 
LOCAL IMPACT:

None.

 
EFFECTIVE DATE:
Immediate.