The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3112
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. EPSTEIN, WEPRIN, NOLAN, HEVESI, REYES, SEAWRIGHT,
   SIMON,  GOTTFRIED, PERRY, TAYLOR, DAVILA, ENGLEBRIGHT -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to directing the division
   of human rights to promulgate a statement regarding housing  discrimi-
   nation that shall be appended to any form of housing assistance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  295-a
 to read as follows:
   §  295-A. ADDITIONAL POWERS AND DUTIES OF THE DIVISION. 1. IN ADDITION
 TO THE POWERS AND DUTIES OTHERWISE PROVIDED BY THIS ARTICLE,  THE  DIVI-
 SION  SHALL  CREATE AND PROMULGATE A STATEMENT THAT SHALL BE APPENDED TO
 ANY FORM OF HOUSING ASSISTANCE ADMINISTERED BY ANY  STATE  OR  MUNICIPAL
 AGENCY  INCLUDING,  BUT NOT LIMITED TO, THE SECTION EIGHT HOUSING CHOICE
 VOUCHER PROGRAM, OR ANY OTHER FORM OF HOUSING  ASSISTANCE,  PAYMENT,  OR
 CREDIT  REGARDLESS  OF WHETHER OR NOT SUCH ASSISTANCE, PAYMENT OR CREDIT
 IS PAID OR ATTRIBUTED DIRECTLY TO A LANDLORD. SUCH STATEMENT SHALL, AT A
 MINIMUM, INCLUDE:
   (A) EXAMPLES OF DIFFERENT FORMS OF LAWFUL SOURCE OF INCOME;
   (B) EXAMPLES OF PHRASES THAT  MAY  INDICATE  DISCRIMINATION  BASED  ON
 LAWFUL  SOURCE  OF INCOME IN VIOLATION OF SECTION TWO HUNDRED NINETY-SIX
 OF THIS ARTICLE;
   (C) A STATEMENT THAT IT IS ILLEGAL FOR THE OWNER OR ANY  OTHER  PERSON
 HAVING  THE  RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMODATION, OTHER
 THAN AN ACCOMMODATION IN AN OWNER-OCCUPIED  BUILDING  OF  TWO  UNITS  OR
 FEWER, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THERE-
 OF,  OR  ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON, OR EMPLOYEE OR
 AGENT THEREOF TO DO THE FOLLOWING:
   (I) REFUSE TO SELL, RENT, OR LEASE, OR OTHERWISE TO DENY TO  OR  WITH-
 HOLD  FROM  A PERSON A HOUSING ACCOMMODATION BECAUSE OF THEIR RECEIPT OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03165-01-1

 A. 3112                             2
 
 USE OF HOUSING ASSISTANCE, OR REPRESENT THAT SUCH HOUSING  ACCOMMODATION
 IS  NOT AVAILABLE FOR INSPECTION, SALE, RENTAL, OR LEASE WHEN IN FACT IT
 IS SO AVAILABLE;
   (II)  REQUIRE  DIFFERENT  TERMS  OR  CONDITIONS  OR  FAIL OR REFUSE TO
 PROVIDE FACILITIES OR SERVICES BECAUSE OF A PERSON'S RECEIPT OR  USE  OF
 HOUSING ASSISTANCE;
   (III)  CAUSE TO BE MADE ANY WRITTEN OR ORAL INQUIRY OR RECORD CONCERN-
 ING THE RECEIPT OR USE OF HOUSING ASSISTANCE OF A PERSON SEEKING TO RENT
 OR LEASE ANY HOUSING ACCOMMODATION; OR
   (IV) PRINT OR CIRCULATE  ANY  TYPE  OF  STATEMENT,  ADVERTISEMENT,  OR
 PUBLICATION,  USE  ANY  APPLICATION  FORM, OR MAKE ANY RECORD OR INQUIRY
 RELATING TO THE PROSPECTIVE PURCHASE, RENTAL,  OR  LEASE  OF  A  HOUSING
 ACCOMMODATION  WHICH  INDIRECTLY  OR  DIRECTLY EXPRESSES ANY LIMITATION,
 SPECIFICATION, OR DISCRIMINATION RELATING TO A PERSON'S USE  OR  RECEIPT
 OF HOUSING ASSISTANCE;
   (D)  A  STATEMENT  THAT IT IS ILLEGAL FOR LANDLORDS TO REFUSE OR DELAY
 MAKING REPAIRS TO AN INDIVIDUAL'S UNIT BECAUSE SUCH INDIVIDUAL PAYS RENT
 WITH HOUSING ASSISTANCE;
   (E) A STATEMENT THAT AN INDIVIDUAL HAS  THE  RIGHT  TO  BE  FREE  FROM
 DISCRIMINATORY,  HARASSING  OR THREATENING BEHAVIOR OR COMMENTS BASED ON
 SUCH INDIVIDUAL'S RECEIPT OF OR APPLICATION FOR HOUSING ASSISTANCE;
   (F) CONTACT INFORMATION, INCLUDING PHONE NUMBERS, FOR THE  APPROPRIATE
 AGENCIES  AND  DEPARTMENTS  AT  WHICH TO MAKE A COMPLAINT IF THE VOUCHER
 RECIPIENT FEELS THAT HE OR SHE IS A VICTIM OF SOURCE OF INCOME DISCRIMI-
 NATION;
   (G) CONTACT INFORMATION, INCLUDING PHONE NUMBERS, FOR NONPROFIT ORGAN-
 IZATIONS DEDICATED TO ELIMINATING HOUSING DISCRIMINATION;
   (H) A STATEMENT THAT AN INDIVIDUAL HAS THE RIGHT TO FILE A LAWSUIT  IN
 A COURT OF LAW; AND
   (I) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR LIMIT THE
 DUTIES OR RESPONSIBILITIES  OF  ANY  PARTY  TO  FULLY  COMPLY  WITH  THE
 PROVISIONS OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3112--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. EPSTEIN, WEPRIN, NOLAN, HEVESI, REYES, SEAWRIGHT,
   SIMON,  GOTTFRIED,  PERRY,  TAYLOR,  DAVILA,  ENGLEBRIGHT,  GALLAGHER,
   GONZALEZ-ROJAS -- read once and referred to the Committee  on  Govern-
   mental  Operations  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the executive law, in relation to directing the division
   of human rights to promulgate regulations requiring housing  providers
   to  provide  tenants  with  notice  of  their rights related to lawful
   source of income discrimination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 170-e
 to read as follows:
   § 170-E. DISCLOSURE OF LAWFUL SOURCE OF INCOME RIGHTS TO  TENANTS.  1.
 THE  DIVISION  OF  HUMAN  RIGHTS  SHALL PROMULGATE REGULATIONS REQUIRING
 EVERY HOUSING PROVIDER UNDER SUBDIVISIONS TWO-A AND FIVE OF SECTION  TWO
 HUNDRED NINETY-SIX OF THIS CHAPTER, TO PROVIDE NOTICE TO ALL TENANTS AND
 PROSPECTIVE  TENANTS,  IN  WRITING,  WITHIN THIRTY DAYS OF THE EFFECTIVE
 DATE OF THEIR TENANCY, OR THIRTY DAYS FROM THE EFFECTIVE  DATE  OF  THIS
 SECTION  FOR  CURRENT  TENANTS,  OF THEIR RIGHTS AND REMEDIES UNDER LAW,
 RELATED TO LAWFUL SOURCE OF INCOME DISCRIMINATION.
   2. ANY STATE, COUNTY, MUNICIPAL OR OTHER GOVERNMENTAL ENTITY,  INCLUD-
 ING BUT NOT LIMITED TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OR
 ANY  AGENCY  OR  INSTRUMENTALITY  OF  SUCH  AN ENTITY, AND ANY PUBLIC OR
 PRIVATE NON-PROFIT ENTITY AUTHORIZED TO ADMINISTER  ANY  PUBLIC  HOUSING
 PROGRAM  OR ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, THE SECTION EIGHT
 HOUSING CHOICE VOUCHER PROGRAM, OR ANY OTHER FORM OF HOUSING ASSISTANCE,
 PAYMENT, SUBSIDY OR CREDIT, REGARDLESS OF WHETHER OR  NOT  SUCH  ASSIST-
 ANCE,  PAYMENT,  SUBSIDY  OR  CREDIT IS PAID OR ATTRIBUTED DIRECTLY TO A
 LANDLORD, SHALL ENSURE THAT  RECIPIENTS  OR  INDIVIDUALS  AUTHORIZED  TO
 RECEIVE  SUCH  ASSISTANCE,  PAYMENT,  SUBSIDY OR CREDIT ARE INFORMED, IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03165-03-1

 A. 3112--A                          2
 
 WRITING, OF THEIR RIGHTS AND REMEDIES AVAILABLE UNDER LAW,  WITH  REGARD
 TO LAWFUL SOURCE OF INCOME DISCRIMINATION PURSUANT TO THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.