Senate Bill S122

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    122
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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-q to read as follows:
   §  79-Q.  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.
                                                            LBD01485-01-1

 S. 122                              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.