S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2746--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. GALLAGHER, AUBRY, DICKENS, EPSTEIN, MITAYNES,
   FORREST, KELLES, RAGA -- read once and referred to  the  Committee  on
   Governmental Operations -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to including correctional
   facilities  and  local  correctional  facilities  as publicly-assisted
   housing accommodations for purposes of the division of human rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Legislative intent and findings. Whereas recent judicial
 opinions have created confusion regarding  the  status  of  correctional
 facilities  and law enforcement agencies as subjects of the jurisdiction
 of the New York human rights  law,  the  legislature  hereby  finds  and
 declares,  for  the purposes of the human rights law and the division of
 human rights, the services provided  by  law  enforcement  officers  are
 public  accommodations,  correctional  facilities and local correctional
 facilities are housing accommodations,  and  law  enforcement  agencies,
 correctional facilities and local correctional facilities are subject to
 the jurisdiction of the human rights law.
   §  2.  Subdivision 10 of section 292 of the executive law, as added by
 chapter 340 of the laws of 1955, is amended to read as follows:
   10. The term "housing accommodation" includes any building, structure,
 or portion thereof which is used or occupied or is intended, arranged or
 designed to be used or occupied, as  the  home,  residence  or  sleeping
 place  of  one  or more human beings, INCLUDING ANY TYPE OF CORRECTIONAL
 FACILITY OR LOCAL CORRECTIONAL FACILITY.
   § 3. Section 292 of the executive law  is  amended  by  adding  a  new
 subdivision 42 to read as follows:
   42.  THE TERMS "CORRECTIONAL FACILITY" AND "LOCAL CORRECTIONAL FACILI-
 TY" SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION TWO
 OF THE CORRECTION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00223-03-3
              

 A. 2746--A                          2
 
   § 4. Paragraph (a) of subdivision 2 of section 296  of  the  executive
 law,  as separately amended by chapters 202 and 748 of the laws of 2022,
 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 CORRECTIONAL FACILITY, LOCAL CORRECTIONAL FACILITY, LAW
 ENFORCEMENT AGENCY, place of public accommodation, resort or  amusement,
 because of the race, creed, color, national origin, citizenship or immi-
 gration status, sexual orientation, gender identity or expression, mili-
 tary  status,  sex, disability, marital status, or status as a victim of
 domestic violence, of any person, directly  or  indirectly,  to  refuse,
 withhold  from  or deny to such person any of the accommodations, advan-
 tages, facilities or privileges  thereof,  including  the  extension  of
 credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
 display, post or mail any written or printed  communication,  notice  or
 advertisement, to the effect that any of the accommodations, advantages,
 facilities  and  privileges of any such place shall be refused, withheld
 from or denied to any person on account of race, creed, color,  national
 origin,  citizenship  or  immigration status, sexual orientation, gender
 identity or expression, military  status,  sex,  disability  or  marital
 status,  or  that  the  patronage  or custom thereat of any person of or
 purporting to be of any particular race, creed, color, national  origin,
 citizenship  or  immigration status, sexual orientation, gender identity
 or expression, military status, sex or marital status, or having a disa-
 bility is unwelcome, objectionable or not acceptable, desired or  solic-
 ited.
   § 5. This act shall take effect immediately.