S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4959
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  prohibiting  housing
   discrimination based on criminal legal system involvement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "housing
 for an equitable reentry and opportunity (HERO) act".
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "CRIMINAL LEGAL SYSTEM INVOLVEMENT" SHALL  MEAN  INFORMA-
 TION  REGARDING  AN INDIVIDUAL'S CONVICTION, ARREST, CHARGE, OR CITATION
 FOR AN OFFENSE, PARTICIPATION IN A DIVERSION  OR  DEFERRAL  OF  JUDGMENT
 PROGRAM,  RECORD  OF AN OFFENSE THAT HAS BEEN SEALED, EXPUNGED, VACATED,
 OR PARDONED, A YOUTHFUL OFFENDER ADJUDICATION, OR A JUVENILE DELINQUENCY
 DETERMINATION.
   § 3. Paragraphs (a), (b), (c), and (c-1) 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)  To refuse to sell, rent or lease or otherwise to deny to or with-
 hold 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, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT or familial status of such person or persons,  or  to
 represent  that  any  housing accommodation or land is not available for
 inspection, sale, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02250-02-3
              

 A. 4959                             2
 
 status,  age,  sex,  marital  status,  status  as  a  victim of domestic
 violence, lawful source of income, CRIMINAL LEGAL SYSTEM INVOLVEMENT  or
 familial  status 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,  CRIMINAL  LEGAL
 SYSTEM  INVOLVEMENT  or  familial  status 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.
   (c-1)  To  print or circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, citizenship or
 immigration  status,  sexual orientation, gender identity or expression,
 military status, sex, age,  disability,  marital  status,  status  as  a
 victim  of  domestic  violence,  lawful source of income, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT or familial status, or any intent to  make  any  such
 limitation, specification or discrimination.
   §  4.  Paragraph  (a) of subdivision 5 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 the owner,
 lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
 having  the  right  to  sell,  rent  or  lease  a housing accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of the race, creed, color, national origin, citizenship  or  immigration
 status,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status,  status  as  a  victim  of
 domestic  violence,  lawful  source  of  income,  CRIMINAL  LEGAL SYSTEM
 INVOLVEMENT or familial status of such person or persons, or  to  repre-
 sent  that  any  housing  accommodation  or  land  is  not available for
 inspection, sale, rental or lease when in fact it is so available.
   (2) To discriminate against any person because of race, creed,  color,
 national  origin, citizenship or immigration status, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 marital  status,  status as a victim of domestic violence, lawful source
 of income, CRIMINAL LEGAL SYSTEM INVOLVEMENT or familial status  in  the
 terms, conditions or privileges of the sale, rental or lease of any such
 housing  accommodation or in the furnishing of facilities or services in
 connection therewith.
   (3) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 A. 4959                             3
 
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, citizenship or
 immigration  status,  sexual orientation, gender identity or expression,
 military status, sex, age,  disability,  marital  status,  status  as  a
 victim  of  domestic  violence,  lawful source of income, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT or familial status, or any intent to  make  any  such
 limitation, specification or discrimination.
   (4)  (i) The provisions of subparagraphs one and two of this paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing which contains housing accommodations for not more than two families
 living independently of each other, if the owner resides in one of  such
 housing  accommodations,  (2)  to  the  restriction of the rental of all
 rooms in a housing accommodation to individuals of the same sex  or  (3)
 to  the  rental  of  a room or rooms in a housing accommodation, if such
 rental is by the occupant of the housing accommodation or by  the  owner
 of  the  housing  accommodation  and  the  owner resides in such housing
 accommodation or (4) solely with respect to age and familial  status  to
 the  restriction  of the sale, rental or lease of housing accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any such person, or for housing intended and operated for  occupancy  by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
 apply.  However, such rental property shall no longer be exempt from the
 provisions of subparagraphs one and two of this paragraph  if  there  is
 unlawful  discriminatory  conduct pursuant to subparagraph three of this
 paragraph.
   (ii) The provisions of subparagraphs one, two, and three of this para-
 graph shall not apply (1) to the restriction of the rental of all  rooms
 in  a  housing  accommodation to individuals of the same sex, (2) to the
 rental of a room or rooms in a housing accommodation, if such rental  is
 by  the  occupant  of  the  housing accommodation or by the owner of the
 housing accommodation and the owner resides  in  such  housing  accommo-
 dation,  or  (3)  solely  with respect to age and familial status to the
 restriction of the sale,  rental  or  lease  of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply.
   § 5. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.