S T A T E O F N E W Y O R K
________________________________________________________________________
6611
2023-2024 Regular Sessions
I N S E N A T E
May 1, 2023
___________
Introduced by Sen. BROUK -- 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 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.
LBD00223-04-3
S. 6611 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.