NY State Senate Bill 2019-S6843

Senate Bill S6843

2019-2020 Legislative Session

Relates to the display of religious items on dwellings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Nov 08, 2019	referred to rules

2019-S6843 (ACTIVE) - Details

See Assembly Version of this Bill:: A9531
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-p, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S122, A3674
2023-2024: S8834, A1757

2019-S6843 (ACTIVE) - Summary

Relates to the display of religious items on dwellings.

2019-S6843 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6843

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to the display of
religious items on dwellings

 
PURPOSE::

Prohibits property owners from enforcing a restrictive covenant or any
other restriction that prohibits a religious item from being displayed
or affixed on any entry door or doorframe.

 
SUMMARY OF PROVISIONS::

Section 1 adds a new section 79-p of the civil rights law to prohibit
property owners from enforcing a restrictive covenant or any other
restriction that prohibits a religious item from being displayed or
affixed on any entry door or doorframe.

Further this section does not prohibit enforcement of a restrictive
covenant for display on any door or doorway, if public health or safety
is put at risk, attaching the religious item hinders closing or opening
of the door, violates any federal, state, or local law , contains graph-
ics, language or any display that is obscene or illegal, exceeds a
certain size requirement. This section states that if an association is
performing maintenance, repair, or replacement of an entry door or door-
frame, the member may be required to remove the religious item during
the time of work being performed, and may affix it at the conclusion of
work.

Section 2 is the effective date.

 
JUSTIFICATION::

Patterned after a California law, this legislation aims to protect the
rights of any individual to display a religious item on their door or
doorframe. Connecticut, Florida, Rhode Island, Illinois and Texas also
have laws on the books.

In the Jewish faith, Jews are commanded to "write the words of G-d on
the gates and doorposts of your house" (Deuteronomy 6:9), thus affixing
a mezuzah is done to achieve this mitzvah.

This legislation seeks to protect the religious rights of Jews or any
other religion to attach a religious item on their doorframe or entry
door with appropriate restrictions.

 
LEGISLATIVE HISTORY::

None.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on the thirties day after it shall have
become a law.

2019-S6843 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6843
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 8, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil rights law, in  relation  to  the  display  of
   religious items on dwellings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by  adding  a  new  section
 79-p to read as follows:
   §  79-P.  DISPLAY OF RELIGIOUS ITEMS ON DWELLINGS. 1. EXCEPT AS OTHER-
 WISE PROVIDED IN THIS SECTION, A PROPERTY OWNER  SHALL  NOT  ENFORCE  OR
 ADOPT A RESTRICTIVE COVENANT OR ANY OTHER RESTRICTION THAT PROHIBITS ONE
 OR  MORE  RELIGIOUS  ITEMS  FROM BEING DISPLAYED OR AFFIXED ON ANY ENTRY
 DOOR OR ENTRY DOORFRAME OF A DWELLING.
   2. TO THE EXTENT PERMITTED BY THE NEW YORK STATE CONSTITUTION AND  THE
 UNITED STATES CONSTITUTION, THIS SECTION SHALL NOT PROHIBIT THE ENFORCE-
 MENT  OR ADOPTION OF A RESTRICTIVE COVENANT OR OTHER RESTRICTION PROHIB-
 ITING THE DISPLAY OR AFFIXING OF A RELIGIOUS ITEM ON ANY ENTRY  DOOR  OR
 ENTRY DOORFRAME TO A DWELLING THAT:
   (A) THREATENS THE PUBLIC HEALTH OR SAFETY;
   (B) HINDERS THE OPENING OR CLOSING OF ANY ENTRY DOOR;
   (C) VIOLATES ANY FEDERAL, STATE, OR LOCAL LAW;
   (D)  CONTAINS  GRAPHICS,  LANGUAGE  OR  ANY DISPLAY THAT IS OBSCENE OR
 OTHERWISE ILLEGAL; OR
   (E) INDIVIDUALLY OR IN  COMBINATION  WITH  ANY  OTHER  RELIGIOUS  ITEM
 DISPLAYED  OR  AFFIXED  ON ANY ENTRY DOOR OR DOORFRAME, HAS A TOTAL SIZE
 GREATER THAN THIRTY-SIX BY TWELVE SQUARE INCHES, PROVIDED  IT  DOES  NOT
 EXCEED THE SIZE OF THE DOOR.
   3. (A) NO GOVERNING DOCUMENT OF AN ASSOCIATION SHALL LIMIT OR PROHIBIT
 THE  DISPLAY  OF  ONE OR MORE RELIGIOUS ITEMS ON THE ENTRY DOOR OR ENTRY
 DOORFRAME OF A MEMBER'S SEPARATE INTEREST.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13987-01-9

 S. 6843                             2
 
    (B) IF AN ASSOCIATION IS PERFORMING MAINTENANCE, REPAIR, OR  REPLACE-
 MENT  OF  AN  ENTRY  DOOR  OR  DOORFRAME THAT SERVES A MEMBER'S SEPARATE
 INTEREST, THE MEMBER MAY BE REQUIRED TO REMOVE A RELIGIOUS  ITEM  DURING
 THE  TIME  THE  WORK IS BEING PERFORMED. AFTER COMPLETION OF THE ASSOCI-
 ATION'S  WORK, THE MEMBER MAY AGAIN DISPLAY OR AFFIX THE RELIGIOUS ITEM.
 THE ASSOCIATION SHALL PROVIDE INDIVIDUAL NOTICE TO THE MEMBER  REGARDING
 THE TEMPORARY REMOVAL OF THE RELIGIOUS ITEM.
   4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "PROPERTY OWNER" MEANS AN ASSOCIATION, BOARD, MEMBER, LANDLORD, OR
 SUBLESSOR;
   (B)  "ASSOCIATION"  MEANS  A  NONPROFIT  CORPORATION OR UNINCORPORATED
 ASSOCIATION CREATED FOR THE PURPOSE OF MANAGING A COMMON INTEREST DEVEL-
 OPMENT;
   (C) "BOARD" MEANS THE BOARD OF DIRECTORS OF AN ASSOCIATION;
   (D) "MEMBER" MEANS AN OWNER OF A SEPARATE INTEREST; AND
   (E) "RELIGIOUS ITEM" MEANS AN ITEM DISPLAYED BECAUSE OF SINCERELY HELD
 RELIGIOUS BELIEF.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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