S T A T E O F N E W Y O R K
________________________________________________________________________
7009
2023-2024 Regular Sessions
I N S E N A T E
May 16, 2023
___________
Introduced by Sens. ROLISON, WEBER, ORTT -- read twice and ordered
printed, and when printed to be committed to the Committee on Social
Services
AN ACT to amend the social services law, in relation to prohibiting
hotels and homeless shelters from displacing vulnerable persons in
favor of non-United States citizens or non-lawful permanent residents
of the United States
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
44-a to read as follows:
§ 44-A. DISPLACEMENT OF VULNERABLE PERSONS. 1. DEFINITIONS. AS USED IN
THIS SECTION:
(A) "HOTEL" SHALL MEAN A BUILDING OR PORTION OF A BUILDING WHICH IS
REGULARLY USED AND KEPT OPEN AS SUCH FOR THE LODGING OF GUESTS AND SHALL
INCLUDE AN APARTMENT HOTEL, A MOTEL, BOARDING HOUSE OR CLUB, WHETHER OR
NOT MEALS ARE SERVED.
(B) "HOMELESS SHELTER" SHALL MEAN A SPECIFIC FACILITY OPERATED OR
FUNDED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZATION, WHOLLY
OWNED SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A CHARITABLE
ORGANIZATION, PUBLIC CORPORATION OR MUNICIPALITY FOR THE AVAILABILITY OF
HOUSING FOR HOMELESS PERSONS, WHICH MAY INCLUDE OTHER NON-HOUSING
SERVICES INCLUDING BUT NOT LIMITED TO DINING, RECREATIONAL, SANITARY,
SOCIAL, MEDICAL AND MENTAL HEALTH SERVICES.
(C) "VULNERABLE PERSON" SHALL MEAN A UNITED STATES CITIZEN OR A LAWFUL
PERMANENT RESIDENT OF THE UNITED STATES THAT IS ONE OR MORE OF THE
FOLLOWING:
(I) A VETERAN WHO SERVED ON ACTIVE DUTY IN THE UNIFORMED SERVICES OF
THE UNITED STATES, OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, OR
SERVICE AS A COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE, COMMIS-
SIONED OFFICER OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11447-01-3
S. 7009 2
ENVIRONMENTAL SCIENCES SERVICES ADMINISTRATION, CADET AT A UNITED STATES
ARMED FORCES SERVICE ACADEMY, AND WHO HAS BEEN RELEASED FROM SUCH
SERVICE UNDER OTHER THAN DISHONORABLE CONDITIONS;
(II) A PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD OR OVER THE AGE OF
SIXTY-FIVE YEARS OLD;
(III) A PERSON WITH A PHYSICAL OR MENTAL DISABILITY;
(IV) A VICTIM OF DOMESTIC VIOLENCE;
(V) A PREGNANT WOMAN; OR
(VI) A PARENT OR GUARDIAN WITH A MINOR CHILD AND WHOSE INCOME OF SUCH
PARENT OR GUARDIAN IS BELOW THE POVERTY LEVEL.
2. NO HOTEL OR HOMELESS SHELTER SHALL DISPLACE A VULNERABLE PERSON WHO
RESIDES IN SUCH HOTEL OR HOMELESS SHELTER AS HIS OR HER PRIMARY RESI-
DENCE, WHETHER SUCH RESIDENCE IS PERMANENT OR TEMPORARY, FOR THE PURPOSE
OF HOUSING A NON-UNITED STATES CITIZEN OR NON-LAWFUL PERMANENT RESIDENT
OF THE UNITED STATES.
3. NOTHING IN THIS SECTION SHALL PROHIBIT A HOTEL FROM DISPLACING A
VULNERABLE PERSON FOR FAILURE TO PAY A RATE OF CHARGES FOR LODGING OR
OTHER SERVICES PROVIDED BY THE HOTEL.
4. NO HOTEL SHALL INCREASE THE RATE OF CHARGES FOR LODGING FOR A
VULNERABLE PERSON DUE TO THE POTENTIAL OR PROMISE OF A HIGHER RATE OF
CHARGES TO LODGE A NON-UNITED STATES CITIZEN OR NON-LAWFUL PERMANENT
RESIDENT OF THE UNITED STATES.
5. (A) A HOTEL OR HOMELESS SHELTER THAT VIOLATES SUBDIVISION TWO OF
THIS SECTION MAY BE FINED UP TO ONE THOUSAND DOLLARS PER VIOLATION.
(B) A HOTEL THAT VIOLATES SUBDIVISION FOUR OF THIS SECTION MAY BE
FINED UP TO FIVE HUNDRED DOLLARS PER DAY THE HOTEL IS IN VIOLATION.
§ 2. This act shall take effect immediately.