S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7278
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08050-01-3
              

 S. 7278                             2
 
   (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
 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.