S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8417
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 prohibiting  discrimi-
   nation based on status as a victim or survivor of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  296  of  the  executive  law,  as
 amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and
 (d)  as  amended  by  chapter  8  of  the laws of 2019, paragraph (h) as
 amended by chapter 161 of the laws of 2019, paragraph (a) as  separately
 amended  by  chapter  176  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, sexual orientation, gender
 identity or expression, military status, sex,  disability,  predisposing
 genetic characteristics, familial status, marital status, or status as a
 victim  OR SURVIVOR of domestic violence, to refuse to hire or employ or
 to bar or to discharge from employment such individual or  to  discrimi-
 nate  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, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, in receiving, clas-
 sifying,  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, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, disability, predisposing genetic characteristics,
 familial status, [or] marital status, OR STATUS AS A VICTIM OR  SURVIVOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14828-01-2
 S. 8417                             2
 
 OF DOMESTIC VIOLENCE, of any individual, to exclude or to expel from its
 membership  such individual 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, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 examinations
 concerning any of the aforementioned characteristics, 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] ENSURE the fairest possible and equal oppor-
 tunities for employment in the civil service for all persons, regardless
 of  age,  race,  creed,  color,  national  origin, sexual orientation or
 gender identity or expression, military status, sex, disability, predis-
 posing 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,  sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic characteristics, familial status, marital status, STATUS
 AS A VICTIM OR SURVIVOR OF 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  discriminatory  prac-
 tice  when  it  subjects  an individual to inferior terms, conditions or
 privileges of employment because of the individual's membership  in  one
 or more of these protected categories. The fact that such individual did
 not  make  a  complaint about the harassment to such employer, licensing
 agency, employment agency or labor organization shall not be  determina-
 tive  of  whether  such employer, licensing agency, employment agency or
 S. 8417                             3
 
 labor organization shall be liable. Nothing in this section shall  imply
 that an employee must demonstrate the existence of an individual to whom
 the  employee's  treatment  must be compared. It shall be an affirmative
 defense  to  liability under this subdivision that the harassing conduct
 does not rise above the level of what a reasonable victim  of  discrimi-
 nation  with  the same protected characteristic or characteristics would
 consider petty slights or trivial inconveniences.
   § 2. Subdivision 1-a of section 296 of the executive law,  as  amended
 by  chapter  365  of  the  laws  of 2015, 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,  sexual  orientation,   gender   identity   or
 expression, military status, sex, age, disability, familial status, [or]
 marital  status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
 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,  sexual  orientation,  gender  identity or expression,
 military status, sex, age, disability,  familial  status  [or],  marital
 status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE;
   (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,
 sexual orientation, gender identity or expression, military status, sex,
 age, disability, familial status [or], marital status, OR  STATUS  AS  A
 VICTIM  OR  SURVIVOR OF DOMESTIC VIOLENCE,  or any intention to make any
 such limitation, specification or discrimination, unless based on a bona
 fide occupational qualification.
   § 3. 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) 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, sexual orientation,
 gender identity or expression, military status,  sex,  disability  [or],
 marital  status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
 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, sexual orientation,
 S. 8417                             4
 
 gender identity or expression, military status, sex, disability or mari-
 tal status, or that the patronage or custom thereat of any person of  or
 purporting  to be of any particular race, creed, color, national origin,
 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.
   § 4. 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,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,
 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,  sexual  orientation,  gender
 identity  or  expression,  military  status,  age,  sex, marital status,
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  lawful  source  of
 income  or familial status in the terms, conditions or privileges of any
 publicly-assisted housing accommodations or in the furnishing of facili-
 ties 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,  STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, lawful source of income or familial status, or any  intent  to
 make any such limitation, specification or discrimination.
   §  5.  Subdivisions  3-b and 4 of section 296 of the executive law, as
 amended by chapter 8 of the laws of 2019, 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, sexual orientation,
 S. 8417                             5
 
 gender identity or expression, military status, sex, disability, marital
 status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 indi-
 rectly, 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  criminal  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, sexual
 orientation,  gender  identity  or expression, military status, sex, age
 [or], marital status, OR STATUS AS A  VICTIM  OR  SURVIVOR  OF  DOMESTIC
 VIOLENCE,  except  that  any such institution which establishes or main-
 tains a policy of educating persons of one  sex  exclusively  may  admit
 students of only one sex.
   §  6. 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, sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,  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, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, STATUS AS A
 VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  lawful  source  of  income  or
 familial  status  in  the  terms,  conditions or privileges of the sale,
 rental or lease of any such housing 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, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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
 S. 8417                             6
 
 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
 the race, creed, color,  national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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,  sexual  orientation,  gender  identity or expression,
 military status, sex, age,  disability,  marital  status,  STATUS  AS  A
 VICTIM  OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,  or familial status in the
 terms, conditions or privileges 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
 S. 8417                             7
 
 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, sexual  orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, STATUS AS  A  VICTIM  OR  SURVIVOR  OF  DOMESTIC
 VIOLENCE, 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, sexual orientation, gender
 identity or expression, military status, sex, age,  disability,  marital
 status,  STATUS  AS  A  VICTIM  OR SURVIVOR OF DOMESTIC VIOLENCE, 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 accommo-
 dation, land or commercial space or any facilities of any housing accom-
 modation, land or commercial space from any person or group  of  persons
 because  of the race, creed, color, national origin, 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-
 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,   sexual  orientation,  gender  identity  or
 expression, military  status,  sex,  age,  disability,  marital  status,
 STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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
 S. 8417                             8
 
 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, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 disability,  marital  status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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.
   § 7. 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, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, marital status, STATUS AS A VICTIM OR SURVIVOR OF
 DOMESTIC VIOLENCE, or familial status, of such individual.
 S. 8417                             9
 
   § 8. 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, sexual orientation,  gender  identity  or
 expression,  military  status,  sex,  STATUS  AS A VICTIM OR SURVIVOR OF
 DOMESTIC VIOLENCE, disability, or familial status, or of such person, or
 of such person's partners, members, stockholders,  directors,  officers,
 managers,   superintendents,  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.
   § 9. 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,  sexual  orientation,  gender  identity or expression,
 military status, age, sex, marital status, STATUS AS A VICTIM OR  SURVI-
 VOR  OF DOMESTIC VIOLENCE, disability, or familial status of such appli-
 cant or applicants or any  member,  stockholder,  director,  officer  or
 employee  of  such  applicant or applicants, or of the prospective occu-
 pants or tenants of  such  housing  accommodation,  land  or  commercial
 space,  in  the  granting, withholding, 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,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,
 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
 origin,  sexual  orientation,  gender  identity  or expression, military
 status, age, sex, marital status, STATUS AS  A  VICTIM  OR  SURVIVOR  OF
 DOMESTIC VIOLENCE, disability, 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,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,
 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.
 S. 8417                            10

   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, sexual  orien-
 tation,  gender identity or expression, military status, age, sex, mari-
 tal status [or] , STATUS AS A VICTIM OR SURVIVOR OF  DOMESTIC  VIOLENCE,
 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,  sexual  orientation,  gender  identity  or expression, military
 status, sex, marital status, STATUS AS A VICTIM OR SURVIVOR OF  DOMESTIC
 VIOLENCE  or  disability,  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.
   § 10. 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, sexual orientation, military status, sex,
 disability, predisposing genetic  characteristics,  marital  status,  or
 STATUS AS A VICTIM OR SURVIVOR OF 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,  sexual  orientation,
 military  status, sex, disability, predisposing genetic characteristics,
 marital status, or STATUS AS A VICTIM OR SURVIVOR OF  domestic  violence
 [victim status];
   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, sexual orientation, military status, sex,  disa-
 bility,  predisposing  genetic characteristics, marital status or STATUS
 AS A VICTIM OR SURVIVOR OF 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
 S. 8417                            11
 
 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] ENSURE the fairest
 possible and equal opportunities for employment in the civil service for
 all persons, regardless of age, race,  creed,  color,  national  origin,
 sexual  orientation,  military  status,  sex,  disability,  predisposing
 genetic characteristics, marital status or STATUS AS A VICTIM OR  SURVI-
 VOR OF 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.
   § 11. 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, STATUS AS  A  VICTIM  OR
 SURVIVOR  OF domestic violence [victim status], [or] national origin, OR
 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.
   § 12. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8417--A
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  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 status as a victim or survivor of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  34  of  section 292 of the executive law, as
 added by chapter 176 of the laws of 2019, is amended to read as follows:
   34. The term "victim OR SURVIVOR of domestic violence" shall have  the
 same  meaning as is ascribed to [such] THE term [by] "VICTIM OF DOMESTIC
 VIOLENCE" DEFINED IN section four hundred  fifty-nine-a  of  the  social
 services law.
   §  2. Subdivision 1 of section 296 of the executive law, as amended by
 chapter 365 of the laws of 2015, paragraphs (a), (b),  (c)  and  (d)  as
 amended  by  chapter  8 of the laws of 2019, paragraph (h) as amended by
 chapter 161 of the laws of 2019, paragraph (a) as separately amended  by
 chapter 176 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,  sexual  orientation,  gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, familial status, marital status, or status as a
 victim OR SURVIVOR of domestic violence, to refuse to hire or employ  or
 to  bar  or to discharge from employment such individual or to discrimi-
 nate 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, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, in receiving, clas-
 sifying,  disposing  or  otherwise  acting  upon  applications  for  its
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14828-05-2
 S. 8417--A                          2
 
 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, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, disability, predisposing genetic characteristics,
 familial status, [or] marital status, OR STATUS AS A VICTIM OR  SURVIVOR
 OF DOMESTIC VIOLENCE, of any individual, to exclude or to expel from its
 membership  such individual 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, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 examinations
 concerning any of the aforementioned characteristics, 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] ENSURE the fairest possible and equal oppor-
 tunities for employment in the civil service for all persons, regardless
 of  age,  race,  creed,  color,  national  origin, sexual orientation or
 gender identity or expression, military status, sex, disability, predis-
 posing 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,  sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic characteristics, familial status, marital status, STATUS
 AS A VICTIM OR SURVIVOR OF 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  discriminatory  prac-
 S. 8417--A                          3
 
 tice  when  it  subjects  an individual to inferior terms, conditions or
 privileges of employment because of the individual's membership  in  one
 or more of these protected categories. The fact that such individual did
 not  make  a  complaint about the harassment to such employer, licensing
 agency, employment agency or labor organization shall not be  determina-
 tive  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 individual to whom
 the  employee's  treatment  must be compared. It shall be an affirmative
 defense to liability under this subdivision that the  harassing  conduct
 does  not  rise above the level of what a reasonable victim of discrimi-
 nation 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,  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,   sexual  orientation,  gender  identity  or
 expression, military status, sex, age, disability, familial status, [or]
 marital status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC  VIOLENCE,
 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, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability, familial status [or], marital
 status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE;
   (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,
 sexual orientation, gender identity or expression, military status, sex,
 age,  disability,  familial  status [or], marital status, OR STATUS AS A
 VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  or any intention to  make  any
 such limitation, specification or discrimination, unless based on a bona
 fide occupational qualification.
   §  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)  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, sexual  orientation,
 gender  identity  or  expression, military status, sex, disability [or],
 marital status, OR STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC  VIOLENCE,
 of  any person, directly or indirectly, to refuse, withhold from or deny
 to such person any of  the  accommodations,  advantages,  facilities  or
 S. 8417--A                          4
 
 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,  sexual  orientation,
 gender identity or expression, military status, sex, disability or mari-
 tal  status, or that the patronage or custom thereat of any person of or
 purporting to be of any particular race, creed, color, national  origin,
 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,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,
 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,  sexual  orientation,  gender
 identity  or  expression,  military  status,  age,  sex, marital status,
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  lawful  source  of
 income  or familial status in the terms, conditions or privileges of any
 publicly-assisted housing accommodations or in the furnishing of facili-
 ties 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,  STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, lawful source of income or familial status, or any  intent  to
 make any such limitation, specification or discrimination.
   §  6.  Subdivisions  3-b and 4 of section 296 of the executive law, as
 amended by chapter 8 of the laws of 2019, subdivision  4  as  separately
 amended  by  chapter  116  of  the  laws of 2019, are amended to read as
 follows:
 S. 8417--A                          5

   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, sexual orientation,
 gender identity or expression, military status, sex, disability, marital
 status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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 indi-
 rectly, 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  criminal  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, sexual
 orientation,  gender  identity  or expression, military status, sex, age
 [or], marital status, OR STATUS AS A  VICTIM  OR  SURVIVOR  OF  DOMESTIC
 VIOLENCE,  except  that  any such institution which establishes or main-
 tains a policy of educating persons of one  sex  exclusively  may  admit
 students of only one sex.
   §  7. 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, sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,  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, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, STATUS AS A
 VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  lawful  source  of  income  or
 familial  status  in  the  terms,  conditions or privileges of the sale,
 rental or lease of any such housing 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, sexual orien-
 S. 8417--A                          6
 
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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
 the race, creed, color,  national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE, 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,  sexual  orientation,  gender  identity or expression,
 military status, sex, age,  disability,  marital  status,  STATUS  AS  A
 VICTIM  OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,  or familial status in the
 S. 8417--A                          7
 
 terms, conditions or privileges 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, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A  VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE, 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,  sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OR  SURVIVOR  OF  DOMESTIC  VIOLENCE,  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  accommo-
 dation, land or commercial space or any facilities of any housing accom-
 modation,  land  or commercial space from any person or group of persons
 because of the race, creed, color, national origin, 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-
 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,  sexual  orientation,   gender   identity   or
 expression,  military  status,  sex,  age,  disability,  marital status,
 STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,  lawful  source  of
 S. 8417--A                          8
 
 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, sexual
 orientation,  gender  identity or expression, military status, age, sex,
 disability, marital status, STATUS AS A VICTIM OR SURVIVOR  OF  DOMESTIC
 VIOLENCE,  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.
   §  8.  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,
 S. 8417--A                          9
 
 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,  sexual  orientation,  gender  identity or expression,
 military status, sex, marital status, STATUS AS A VICTIM OR SURVIVOR  OF
 DOMESTIC VIOLENCE, or familial status, of such individual.
   § 9. 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, sexual orientation,  gender  identity  or
 expression,  military  status,  sex,  STATUS  AS A VICTIM OR SURVIVOR OF
 DOMESTIC VIOLENCE, disability, or familial status, or of such person, or
 of such person's partners, members, stockholders,  directors,  officers,
 managers,   superintendents,  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.
   §  10.  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, sexual  orientation,  gender  identity  or  expression,
 military  status, age, sex, marital status, STATUS AS A VICTIM OR SURVI-
 VOR OF DOMESTIC VIOLENCE, disability, or familial status of such  appli-
 cant  or  applicants  or  any  member, stockholder, director, officer or
 employee of such applicant or applicants, or of  the  prospective  occu-
 pants  or  tenants  of  such  housing  accommodation, land or commercial
 space, in the granting, withholding, 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, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 marital  status,  STATUS  AS  A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
 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
 origin, sexual orientation,  gender  identity  or  expression,  military
 status,  age,  sex,  marital  status,  STATUS AS A VICTIM OR SURVIVOR OF
 DOMESTIC VIOLENCE, disability, 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;
 S. 8417--A                         10

   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, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 marital  status,  STATUS  AS  A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
 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, sexual orien-
 tation, gender identity or expression, military status, age, sex,  mari-
 tal  status  [or] , STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC VIOLENCE,
 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, sexual orientation,  gender  identity  or  expression,  military
 status,  sex, marital status, STATUS AS A VICTIM OR SURVIVOR OF DOMESTIC
 VIOLENCE or disability, 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.
   § 11. 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, sexual orientation, military status, sex,
 disability,  predisposing  genetic  characteristics,  marital status, or
 STATUS AS A VICTIM OR SURVIVOR OF 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, sexual orientation,
 military status, sex, disability, predisposing genetic  characteristics,
 marital  status,  or STATUS AS A VICTIM OR SURVIVOR OF domestic violence
 [victim status];
   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, sexual orientation, military status, sex, disa-
 S. 8417--A                         11
 
 bility, predisposing genetic characteristics, marital status  or  STATUS
 AS  A  VICTIM  OR  SURVIVOR OF 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] ENSURE the fairest
 possible and equal opportunities for employment in the civil service for
 all persons, regardless of age, race,  creed,  color,  national  origin,
 sexual  orientation,  military  status,  sex,  disability,  predisposing
 genetic characteristics, marital status or STATUS AS A VICTIM OR  SURVI-
 VOR OF 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.
   § 12. 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, STATUS AS  A  VICTIM  OR
 SURVIVOR  OF domestic violence [victim status], [or] national origin, OR
 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.
   § 13. This act shall take effect immediately.