Senate Bill S5935

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5935
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to rental  discrimination
   based upon consumer credit history

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
 WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
 INDICATED BY:
   (A) A CONSUMER CREDIT REPORT; OR
   (B) CREDIT SCORE.
   § 2. Paragraphs (a), (b) and (c) 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) (I) To refuse to sell, rent or lease or otherwise to  deny  to  or
 withhold from any person or group of persons such housing accommodations
 because  of  the race, creed, color, disability, national origin, 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.
   (II)  TO  REFUSE  TO RENT OR LEASE OR OTHERWISE TO DENY TO OR WITHHOLD
 FROM ANY PERSON OR GROUP OF PERSONS SUCH HOUSING ACCOMMODATIONS  BECAUSE
 OF  THE  CONSUMER CREDIT HISTORY OF SUCH PERSON OR PERSONS, OR TO REPRE-
 SENT THAT ANY HOUSING ACCOMMODATION IS NOT AVAILABLE FOR RENTAL OR LEASE
 WHEN IN FACT IT IS SO AVAILABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05092-01-1
              

 S. 5935                             2
 
   (b) To discriminate against any person because of  his  or  her  race,
 creed,  color,  disability,  national origin, sexual orientation, gender
 identity or expression,  military  status,  age,  sex,  marital  status,
 lawful source of income [or], familial status OR CONSUMER CREDIT HISTORY
 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, sexual orien-
 tation, 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
 OR  CONSUMER  CREDIT  HISTORY  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.
   § 3. Subdivision 5 of section 296 of the executive law is  amended  by
 adding a new paragraph (h) to read as follows:
   (H)  IT  SHALL  BE  AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON
 OFFERING HOUSING ACCOMMODATIONS FOR RENT OR LEASE AS DESCRIBED IN  PARA-
 GRAPHS  (A),  (B) AND (C) OF THIS SUBDIVISION TO REFUSE TO RENT OR LEASE
 OR OTHERWISE DENY TO OR WITHHOLD FROM ANY PERSON  OR  GROUP  OF  PERSONS
 SUCH  HOUSING  ACCOMMODATIONS  BECAUSE OF THE CONSUMER CREDIT HISTORY OF
 SUCH PERSON OR PERSONS, OR TO REPRESENT THAT ANY  HOUSING  ACCOMMODATION
 IS NOT AVAILABLE FOR RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE.
   § 4. This act shall take effect immediately.