S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9531
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by  M.  of A. CUNNINGHAM, REYES -- read once and referred to
   the Committee on Governmental 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 42 to read as follows:
   42. 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 separately amended by chapters 202 and 748 of the
 laws of 2022, 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, citizen-
 ship  or  immigration  status,  sexual  orientation,  gender identity or
 expression, military status, age,  sex,  marital  status,  status  as  a
 victim  of domestic violence, lawful source of income or familial status
 of such person or persons, or to represent  that  any  housing  accommo-
 dation  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.
   (b)  To  discriminate  against  any person because of his or her race,
 creed, color, disability, national origin,  citizenship  or  immigration
 status,  sexual  orientation,  gender  identity  or expression, military
 status, age, sex,  marital  status,  status  as  a  victim  of  domestic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08050-01-3
 A. 9531                             2
 
 violence,  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, citizenship or
 immigration status, sexual orientation, 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  of  domestic  violence,  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.