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.