The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6328--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced by M. of A. CRUZ, BICHOTTE HERMELYN -- read once and referred
   to  the  Committee on Governmental Operations -- reported and referred
   to the Committee on Codes -- reported and referred to the Committee on
   Rules -- recommitted to the Committee  on  Codes  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the executive law, in relation to prohibiting discrimi-
   nation based on citizenship or immigration status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 37, 38 and 39 of section 292 of the executive
 law, subdivision 37 as added by chapter 160 of the  laws  of  2019,  are
 renumbered  subdivisions 38, 39 and 40 and a new subdivision 41 is added
 to read as follows:
   41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
 OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
 ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
 CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY  LAW,  NOR
 SHALL  AN  ADVERSE  ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI-
 GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION  IS  REQUIRED  BY
 LAW.
   §  2. Subdivision 1 of section 296 of the executive law, as amended by
 chapter 365 of the laws of 2015, paragraph (a) as separately amended  by
 chapters  8  and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
 chapter 161 of the laws of 2019, is amended to read as follows:
   1. It shall be an unlawful discriminatory practice:
   (a) For an employer or licensing agency, because  of  an  individual's
 age,  race,  creed,  color,  national origin, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status,  sex, disability, predisposing genetic characteristics, familial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10191-06-2

 A. 6328--A                          2
 
 status, marital status, or status as a victim of domestic  violence,  to
 refuse  to hire or employ or to bar or to discharge from employment such
 individual or to discriminate against such individual in compensation or
 in terms, conditions or privileges of employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed,  color,  national  origin,  CITIZENSHIP  OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, disability, predisposing genetic  characteristics,
 familial status, or marital status, in receiving, classifying, disposing
 or  otherwise  acting upon applications for its services or in referring
 an applicant or applicants to an employer or employers.
   (c) For a labor organization, because of the age, race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, or  marital  status  of
 any individual, to exclude or to expel from its membership such individ-
 ual  or to discriminate in any way against any of its members or against
 any employer or any individual employed by an employer.
   (d) For any employer or employment agency to  print  or  circulate  or
 cause to be printed or circulated any statement, advertisement or publi-
 cation,  or to use any form of application for employment or to make any
 inquiry in  connection  with  prospective  employment,  which  expresses
 directly  or indirectly, any limitation, specification or discrimination
 as to age, race, creed, color, national  origin,  CITIZENSHIP  OR  IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 familial status, or marital status, or any intent to make any such limi-
 tation, specification or discrimination, unless based upon a  bona  fide
 occupational  qualification;  provided, however, that neither this para-
 graph nor any provision of this chapter or other law shall be  construed
 to prohibit the department of civil service or the department of person-
 nel of any city containing more than one county from requesting informa-
 tion  from  applicants  for civil service examinations concerning any of
 the aforementioned characteristics, other than sexual  orientation,  for
 the purpose of conducting studies to identify and resolve possible prob-
 lems  in recruitment and testing of members of minority groups to insure
 the fairest possible and equal opportunities for employment in the civil
 service for all persons, regardless of age, race, creed, color, national
 origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or  gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, familial status, or marital status.
   (e) For any employer,  labor  organization  or  employment  agency  to
 discharge, expel or otherwise discriminate against any person because he
 or she has opposed any practices forbidden under this article or because
 he or she has filed a complaint, testified or assisted in any proceeding
 under this article.
   (f) Nothing in this subdivision shall affect any restrictions upon the
 activities  of  persons  licensed  by  the  state  liquor authority with
 respect to persons under twenty-one years of age.
   (g) For an employer to compel an employee who is pregnant  to  take  a
 leave  of  absence,  unless  the employee is prevented by such pregnancy
 from performing the activities involved in the job or  occupation  in  a
 reasonable manner.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 A. 6328--A                          3
 
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 familial status, marital status, domestic  violence  victim  status,  or
 because  the  individual  has opposed any practices forbidden under this
 article or because the individual has filed a  complaint,  testified  or
 assisted  in  any  proceeding  under this article, regardless of whether
 such harassment would be considered severe or pervasive under  precedent
 applied to harassment claims. Such harassment is an unlawful discrimina-
 tory  practice  when it subjects an individual to inferior terms, condi-
 tions or privileges of employment because of the individual's membership
 in one or more of these protected categories. The fact that  such  indi-
 vidual  did  not make a complaint about the harassment to such employer,
 licensing agency, employment agency or labor organization shall  not  be
 determinative  of  whether  such  employer, licensing agency, employment
 agency or labor organization shall be liable. Nothing  in  this  section
 shall  imply that an employee must demonstrate the existence of an indi-
 vidual to whom the employee's treatment must be compared. It shall be an
 affirmative defense to liability under this subdivision that the harass-
 ing conduct does not rise above the level of what a reasonable victim of
 discrimination with the same protected characteristic or characteristics
 would consider petty slights or trivial inconveniences.
   § 3. Subdivision 1-a of section 296 of the executive law,  as  amended
 by  chapter  365  of the laws of 2015 and paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1-a. It shall be an unlawful discriminatory practice for an  employer,
 labor  organization,  employment  agency  or  any joint labor-management
 committee controlling apprentice training programs:
   (a) To select persons for an apprentice  training  program  registered
 with the state of New York on any basis other than their qualifications,
 as determined by objective criteria which permit review;
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  familial status, or marital status, the right to be admitted to
 or  participate  in  a  guidance  program,  an  apprenticeship  training
 program,  on-the-job  training  program,  executive training program, or
 other occupational training or retraining program;
   (c) To discriminate against any person in his or her pursuit  of  such
 programs  or  to discriminate against such a person in the terms, condi-
 tions or privileges of such programs  because  of  race,  creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 familial status or marital status;
   (d)  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  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,  gender  identity
 or expression, military status, sex, age, disability, familial status or
 marital status, or any intention to make any such limitation, specifica-
 tion  or discrimination, unless based on a bona fide occupational quali-
 fication.
   § 4. Paragraph (a) of subdivision 2 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
 A. 6328--A                          4
 
   (a) It shall be an unlawful discriminatory practice  for  any  person,
 being  the  owner, lessee, proprietor, manager, superintendent, agent or
 employee of any place of  public  accommodation,  resort  or  amusement,
 because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex, disability or marital status of any person, directly
 or indirectly, to refuse, withhold from or deny to such  person  any  of
 the   accommodations,  advantages,  facilities  or  privileges  thereof,
 including the extension  of  credit,  or,  directly  or  indirectly,  to
 publish,  circulate, issue, display, post or mail any written or printed
 communication, notice or advertisement, to the effect that  any  of  the
 accommodations,  advantages, facilities and privileges of any such place
 shall be refused, withheld from or denied to any person  on  account  of
 race,  creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 disability or marital status, or that the patronage or custom thereat of
 any person of or purporting to be of any particular race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex or  marital  status,
 or  having  a  disability is unwelcome, objectionable or not acceptable,
 desired or solicited.
   § 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
 296  of  the executive law, as amended by section 3 of part T of chapter
 56 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, CITIZEN-
 SHIP OR IMMIGRATION  STATUS,  sexual  orientation,  gender  identity  or
 expression,  military status, age, sex, marital status, lawful source of
 income or familial status 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, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status,  age,  sex,  marital status, lawful source of income or familial
 status in the terms, conditions or privileges of  any  publicly-assisted
 housing accommodations or in the furnishing 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, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, 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, lawful  source
 of  income  or  familial status of a person seeking to rent or lease any
 publicly-assisted housing accommodation; 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.
   (c-1) 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, CITIZENSHIP OR
 A. 6328--A                          5
 
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, age, disability, marital status, lawful source of
 income or familial status, or any intent to make  any  such  limitation,
 specification or discrimination.
   §  6.  Paragraph  (c) of subdivision 3 of section 296 of the executive
 law, as added by chapter 369 of the laws of 2015,  is  relettered  para-
 graph (d).
   §  7.  Subdivisions  3-b  and  4  of section 296 of the executive law,
 subdivision 3-b as amended by chapter 8 and subdivision 4 as  separately
 amended  by  chapter  116  of  the  laws of 2019, are amended to read as
 follows:
   3-b. It shall be an unlawful  discriminatory  practice  for  any  real
 estate  broker,  real estate salesperson or employee or agent thereof or
 any other individual, corporation, partnership or organization  for  the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent  that a change has occurred or will or may occur in the composition
 with respect to race, creed,  color,  national  origin,  CITIZENSHIP  OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, disability, marital status, or familial status  of
 the  owners or occupants in the block, neighborhood or area in which the
 real property is located, and to represent, directly or indirectly, that
 this change will or may result in undesirable consequences in the block,
 neighborhood or area in which the real property  is  located,  including
 but not limited to the lowering of property values, an increase in crim-
 inal  or anti-social behavior, or a decline in the quality of schools or
 other facilities.
   4. It shall be an unlawful discriminatory practice for an  educational
 institution  to  deny  the use of its facilities to any person otherwise
 qualified, or to permit the harassment of any student or  applicant,  by
 reason  of his race, color, religion, disability, national origin, CITI-
 ZENSHIP OR IMMIGRATION STATUS, sexual orientation,  gender  identity  or
 expression, military status, sex, age or marital status, except that any
 such  institution  which  establishes or maintains a policy of educating
 persons of one sex exclusively may admit students of only one sex.
   § 8. Subdivision 5 of section 296 of the executive law, as amended  by
 chapter  8  of the laws of 2019, paragraph (a) as amended by chapter 300
 of the laws of 2021, subparagraphs 1 and 2 of paragraph (c)  as  amended
 by  section  5,  and  paragraph (d) as amended by section 6 of part T of
 chapter 56 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, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status, sex, age, disability, marital status, lawful source of income or
 familial  status  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, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression, military status, sex, age, disability,
 marital status, lawful source of income or familial status in the terms,
 A. 6328--A                          6
 
 conditions or privileges of the sale, rental or lease of any such  hous-
 ing  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, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, age, disability, marital status, lawful source  of
 income  or  familial  status, or any intent to make any such limitation,
 specification or discrimination.
   (4) (i) The provisions of subparagraphs one and two of this  paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing 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  subparagraphs  one and two of this paragraph if there 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 (1) to the restriction of the rental of all rooms
 in a housing accommodation to individuals of the same sex,  (2)  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 (3) 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.
   (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
 A. 6328--A                          7
 
 the  race,  creed,  color,  national  origin, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status, sex, age, disability, marital status, or familial status 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, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 marital  status,  or  familial status in the terms, conditions or privi-
 leges 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, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, or familial
 status; 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:
   (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, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status, sex, age, disability, marital status, lawful source of income or
 familial  status  of  such  person  or persons, or to represent that any
 housing accommodation, land or commercial 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 commer-
 cial 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, CITIZENSHIP OR IMMIGRATION  STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 age,  disability,  marital  status,  lawful source of income or familial
 status 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-
 A. 6328--A                          8
 
 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, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, lawful source of income or familial  status;  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, CITI-
 ZENSHIP OR IMMIGRATION STATUS, sexual orientation,  gender  identity  or
 expression,  military  status,  age,  sex,  disability,  marital status,
 lawful source of income or familial status  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
 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.
 A. 6328--A                          9
 
   § 9. Paragraph (a) of subdivision 9 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power of appointment of volunteer firefighters, directly or  indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement  among  its  members,  or otherwise, to deny to any individual
 membership in any volunteer fire department or fire company therein,  or
 to  expel or discriminate against any volunteer member of a fire depart-
 ment or fire  company  therein,  because  of  the  race,  creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex, marital status,  or
 familial status, of such individual.
   §  10.  Subdivision 13 of section 296 of the executive law, as amended
 by chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation,  gender identity or expression, military status, sex, disa-
 bility, or familial status, of such person, or of  such  person's  part-
 ners,  members, stockholders, directors, officers, managers, superinten-
 dents, agents, employees, business associates, suppliers  or  customers,
 or  (ii) for any person wilfully to do any act or refrain from doing any
 act which enables any such person to take such action. This  subdivision
 shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   §  11.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
 as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a.  In  the  case  of  applications  for  credit  with  respect to the
 purchase, acquisition, construction, rehabilitation, repair  or  mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate  against  any  such  applicant  because of the race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression,  military  status,  age,  sex, marital
 status, disability, or familial status of such applicant  or  applicants
 or any member, stockholder, director, officer or employee of such appli-
 cant  or  applicants, or of the prospective occupants or tenants of such
 housing accommodation, land or commercial space, in the granting,  with-
 holding,  extending or renewing, or in the fixing of the rates, terms or
 conditions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race, creed, color, national origin, CITIZENSHIP
 OR  IMMIGRATION  STATUS,  sexual   orientation,   gender   identity   or
 expression,  military  status,  age, sex, marital status, disability, or
 familial status;
   c. To use any form of application for credit or use or make any record
 or inquiry which expresses,  directly  or  indirectly,  any  limitation,
 specification,  or  discrimination  as  to  race, creed, color, national
 A. 6328--A                         10
 
 origin, CITIZENSHIP OR IMMIGRATION STATUS,  sexual  orientation,  gender
 identity or expression, military status, age, sex, marital status, disa-
 bility, or familial status;
   d.  To make any inquiry of an applicant concerning his or her capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color, national origin,  CITIZEN-
 SHIP  OR  IMMIGRATION  STATUS,  sexual  orientation,  gender identity or
 expression, military status,  age,  sex,  marital  status,  childbearing
 potential, disability, or familial status;
   f.  To  discriminate  against  a  married  person  because such person
 neither uses nor is known by the surname of his or her spouse.
   This paragraph shall not apply to any situation where  the  use  of  a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it  shall  be considered discriminatory if, because of an applicant's or
 class of applicants' race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS,  sexual orientation, gender identity or  expression,
 military  status,  age,  sex,  marital status or disability, or familial
 status, (i) an applicant or class of  applicants  is  denied  credit  in
 circumstances  where  other applicants of like overall credit worthiness
 are granted credit, or (ii) special requirements or conditions, such  as
 requiring  co-obligors  or reapplication upon marriage, are imposed upon
 an applicant or class  of  applicants  in  circumstances  where  similar
 requirements or conditions are not imposed upon other applicants of like
 overall credit worthiness.
   3.  It  shall  not  be  considered  discriminatory if credit differen-
 tiations or decisions are based upon  factually  supportable,  objective
 differences  in applicants' overall credit worthiness, which may include
 reference to such factors as current income,  assets  and  prior  credit
 history  of  such applicants, as well as reference to any other relevant
 factually supportable data; provided, however, that  no  creditor  shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics  or  assumptions  relating  to  race,  creed, color, national
 origin, CITIZENSHIP OR IMMIGRATION STATUS,  sexual  orientation,  gender
 identity or expression, military status, sex, marital status or disabil-
 ity,  or  to  the  likelihood of any group of persons bearing or rearing
 children, or for that reason receiving diminished or interrupted  income
 in the future.
   § 12. Subdivision 2 of section 296-c of the executive law, as added by
 chapter 97 of the laws of 2014, is amended to read as follows:
   2. It shall be an unlawful discriminatory practice for an employer to:
   a.  refuse to hire or employ or to bar or to discharge from internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation, military  status,  sex,  disability,  predisposing  genetic
 characteristics, marital status, or domestic violence victim status;
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 GRATION  STATUS,  sexual  orientation, military status, sex, disability,
 predisposing  genetic  characteristics,  marital  status,  or   domestic
 violence victim status;
 A. 6328--A                         11
 
   c.  print or circulate or cause to be printed or circulated any state-
 ment, advertisement or publication, or to use any  form  of  application
 for  employment  as  an intern or to make any inquiry in connection with
 prospective employment, which  expresses  directly  or  indirectly,  any
 limitation,  specification  or  discrimination  as  to age, race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, military status, sex, disability, predisposing  genetic  charac-
 teristics,  marital  status  or  domestic violence victim status, or any
 intent to make any such  limitation,  specification  or  discrimination,
 unless  based  upon  a  bona  fide occupational qualification; provided,
 however, that neither this paragraph nor any provision of  this  chapter
 or  other  law  shall  be  construed to prohibit the department of civil
 service or the department of personnel of any city containing more  than
 one county from requesting information from applicants for civil service
 internships or examinations concerning any of the aforementioned charac-
 teristics,  other than sexual orientation, for the purpose of conducting
 studies to identify and resolve possible  problems  in  recruitment  and
 testing of members of minority groups to insure the fairest possible and
 equal opportunities for employment in the civil service for all persons,
 regardless  of  age, race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, military status, sex,  disabili-
 ty,  predisposing  genetic  characteristics,  marital status or domestic
 violence victim status;
   d. to discharge, expel or otherwise discriminate  against  any  person
 because he or she has opposed any practices forbidden under this article
 or because he or she has filed a complaint, testified or assisted in any
 proceeding under this article; or
   e.  to  compel  an  intern who is pregnant to take a leave of absence,
 unless the intern is prevented by such  pregnancy  from  performing  the
 activities involved in the job or occupation in a reasonable manner.
   §  13.  Paragraph b of subdivision 3 of section 296-c of the executive
 law, as added by chapter 97 of the laws of 2014, is amended to  read  as
 follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, military status,  disability,  predis-
 posing genetic characteristics, marital status, domestic violence victim
 status,  [or]  national  origin,  OR  CITIZENSHIP OR IMMIGRATION STATUS,
 where such harassment has the purpose or effect of  unreasonably  inter-
 fering  with  the intern's work performance by creating an intimidating,
 hostile, or offensive working environment.
   § 14. Subdivisions 9 and 10 of section 63 of  the  executive  law,  as
 amended  by  chapter  160  of  the  laws of 2019, are amended to read as
 follows:
   9. Bring and prosecute or defend upon request of the  commissioner  of
 labor  or  the  state  division  of  human  rights,  any civil action or
 proceeding, the institution or defense  of  which  in  his  judgment  is
 necessary  for  effective  enforcement of the laws of this state against
 discrimination by reason of  age,  race,  sex,  creed,  color,  national
 origin,  sexual  orientation,  gender  identity  or expression, military
 status,  disability,  predisposing  genetic  characteristics,   familial
 status,  marital  status, CITIZENSHIP OR IMMIGRATION STATUS, or domestic
 violence victim status, or for enforcement of any order or determination
 of such commissioner or division made pursuant to such laws.
   10. Prosecute every person charged with the commission of  a  criminal
 offense  in violation of any of the laws of this state against discrimi-
 nation because of age, race, sex, creed, color, national origin,  sexual
 A. 6328--A                         12

 orientation, gender identity or expression, military status, disability,
 predisposing  genetic  characteristics, familial status, marital status,
 CITIZENSHIP OR IMMIGRATION STATUS, or domestic violence  victim  status,
 in any case where in his judgment, because of the extent of the offense,
 such prosecution cannot be effectively carried on by the district attor-
 ney of the county wherein the offense or a portion thereof is alleged to
 have  been committed, or where in his judgment the district attorney has
 erroneously failed or refused to prosecute. In all such proceedings, the
 attorney-general may appear in person or  by  his  deputy  or  assistant
 before  any  court  or  any  grand  jury and exercise all the powers and
 perform all the duties in respect of such actions or  proceedings  which
 the district attorney would otherwise be authorized or required to exer-
 cise or perform.
   § 15. This act shall take effect immediately.