The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1757
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Governmental Operations
 
 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-r to read as follows:
   § 79-R. 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.
                                                            LBD02758-01-3
 A. 1757                             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.