Senate Bill S8444

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8444
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to amend the executive law, the civil rights law and the educa-
   tion law, in relation to prohibiting discrimination based  on  housing
   status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature  reaffirms
 that  the state has the responsibility to act to assure that every indi-
 vidual within this state is afforded an equal  opportunity  to  enjoy  a
 full  and  productive  life,  and that the failure to provide such equal
 opportunity, whether because of discrimination, prejudice,  intolerance,
 or  inadequate  education,  training,  housing  or  health care not only
 threatens the rights  and  proper  privileges  of  its  inhabitants  but
 menaces  the  institutions and foundation of a free democratic state and
 threatens the peace, order, health, safety and general  welfare  of  the
 state and its inhabitants.
   The  legislature  further finds that many residents of this state have
 encountered prejudice on account of housing status, and that this preju-
 dice has severely limited or actually prevented  access  to  employment,
 housing  and other basic necessities of life, leading to deprivation and
 suffering. The legislature further recognizes that  this  prejudice  has
 fostered  a  general  climate of hostility and distrust, leading in some
 instances to physical violence against those perceived to be  experienc-
 ing homelessness.
   This  legislation  is  intended to codify this principle and to ensure
 that the public understands that discrimination on the  basis  of  some-
 one's housing status is prohibited.
   §  2.    Subdivisions  9 and 10 of section 63 of the executive law, as
 amended by chapter 748 of the laws of  2022,  are  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13045-02-5
              

 S. 8444                             2
 
   9.  Bring  and prosecute or defend upon request of the commissioner of
 labor or the state  division  of  human  rights,  any  civil  action  or
 proceeding,  the  institution or defense of which in [his] SUCH ATTORNEY
 GENERAL'S judgment is necessary for effective enforcement of the laws of
 this  state  against  discrimination by reason of age, race, sex, creed,
 color, national origin, sexual orientation, HOUSING STATUS, gender iden-
 tity or expression, military status,  disability,  predisposing  genetic
 characteristics,  familial  status, marital status, citizenship or immi-
 gration status, or domestic violence victim status, or  for  enforcement
 of  any  order  or  determination  of such commissioner or division made
 pursuant to such laws.
   10. Prosecute every person charged with the commission of  a  criminal
 offense  in violation of any of the laws of this state against discrimi-
 nation because of age, race, sex, creed, color, national origin,  sexual
 orientation,  HOUSING  STATUS,  gender  identity or expression, military
 status,  disability,  predisposing  genetic  characteristics,   familial
 status,  marital  status, citizenship or immigration status, or domestic
 violence victim status, in any case where in [his] SUCH ATTORNEY  GENER-
 AL'S  judgment,  because  of the extent of the offense, such prosecution
 cannot be effectively carried on by the district attorney of the  county
 wherein the offense or a portion thereof is alleged to have been commit-
 ted,  or  where  in  [his] SUCH ATTORNEY GENERAL'S judgment the district
 attorney has erroneously failed or refused to  prosecute.  In  all  such
 proceedings,  the attorney general may appear in person or by [his] SUCH
 ATTORNEY GENERAL'S deputy or assistant before any  court  or  any  grand
 jury  and  exercise all the powers and perform all the duties in respect
 of such actions or proceedings which the district attorney would  other-
 wise be authorized or required to exercise or perform.
   §  3.  Subdivisions  1  and  2 of section 291 of the executive law, as
 amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1. The opportunity to obtain employment without discrimination because
 of age, race, creed, color, national origin, sexual orientation, HOUSING
 STATUS,  gender  identity  or  expression, military status, sex, marital
 status, or disability, is hereby recognized as  and  declared  to  be  a
 civil right.
   2.  The  opportunity  to obtain education, the use of places of public
 accommodation and the ownership, use and occupancy of  housing  accommo-
 dations  and  commercial  space  without  discrimination because of age,
 race, creed, color, national origin, sexual orientation, HOUSING STATUS,
 gender identity or expression, military status, sex, marital status,  or
 disability, as specified in section two hundred ninety-six of this arti-
 cle, is hereby recognized as and declared to be a civil right.
   §  4.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "HOUSING STATUS" MEANS THE SET OF CIRCUMSTANCES IN  WHICH
 AN  INDIVIDUAL  OR FAMILY LACKS A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
 RESIDENCE, RESIDES IN A PLACE NOT DESIGNED FOR OR ORDINARILY USED  AS  A
 REGULAR  SLEEPING  ACCOMMODATION FOR HUMAN BEINGS, SUCH AS A CAR, PUBLIC
 SIDEWALK OR STREET, HALLWAY, BUS OR  TRAIN  STATION,  LOBBY  OR  SIMILAR
 PLACE, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE
 OR  RUNAWAY  AND  HOMELESS YOUTH, OR RESIDES IN A SUPERVISED PUBLICLY OR
 PRIVATELY OPERATED SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ARRANGE-
 MENTS, INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE, OR  LOCAL
 GOVERNMENT PROGRAMS OR BY CHARITABLE ORGANIZATIONS, CONGREGATE SHELTERS,
 SAFE HAVENS OR TRANSITIONAL HOUSING.
 S. 8444                             3
 
   §  5.  Subdivisions  8  and  9 of section 295 of the executive law, as
 amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   8. To create such advisory councils, local, regional or state-wide, as
 in  its  judgment  will aid in effectuating the purposes of this article
 and of section eleven of article one of the constitution of this  state,
 and  the  division  may  empower them to study the problems of discrimi-
 nation in all or specific fields of human relationships or  in  specific
 instances of discrimination because of age, race, creed, color, national
 origin,   sexual   orientation,   HOUSING  STATUS,  gender  identity  or
 expression, military status, sex, disability or marital status and  make
 recommendations  to  the  division  for  the development of policies and
 procedures in general and in specific instances. The  advisory  councils
 also  shall  disseminate  information about the division's activities to
 organizations and individuals in their localities. Such  advisory  coun-
 cils  shall be composed of representative citizens, serving without pay,
 but with reimbursement for actual and necessary traveling expenses;  and
 the division may make provision for technical and clerical assistance to
 such councils and for the expenses of such assistance.
   9. To develop human rights plans and policies for the state and assist
 in their execution and to make investigations and studies appropriate to
 effectuate  this article and to issue such publications and such results
 of investigations and research as in its judgement will tend  to  inform
 persons  of the rights assured and remedies provided under this article,
 to promote good-will and minimize or eliminate discrimination because of
 age, race, creed, color, national origin,  sexual  orientation,  HOUSING
 STATUS,  gender identity or expression, military status, sex, disability
 or marital status.
   § 6. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 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)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  citizenship  or  immigration
 status,   sexual   orientation,   HOUSING  STATUS,  gender  identity  or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics, familial status, marital status, or status as a  victim  of
 domestic violence, to refuse to hire or employ or to bar or to discharge
 from employment such individual or to discriminate against such individ-
 ual in compensation or in terms, conditions or privileges of employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed,  color,  national  origin,  citizenship  or
 immigration  status, sexual orientation, HOUSING STATUS, gender identity
 or expression, military status, sex,  disability,  predisposing  genetic
 characteristics,  familial status, marital status, or status as a victim
 of domestic violence, in receiving, classifying, disposing or  otherwise
 acting  upon  applications for its services or in referring an applicant
 or applicants to an employer or employers.
   (c) For a labor organization, because of the age, race, creed,  color,
 national  origin, citizenship or immigration status, sexual orientation,
 HOUSING STATUS, gender identity or  expression,  military  status,  sex,
 disability, predisposing genetic characteristics, familial status, mari-
 tal  status, or status as a victim of domestic violence, of any individ-
 ual, to exclude or to expel from its membership such  individual  or  to
 discriminate  in  any  way  against  any  of  its members or against any
 employer or any individual employed by an employer.
 S. 8444                             4
 
   (d) For any employer or employment agency to  print  or  circulate  or
 cause to be printed or circulated any statement, advertisement or publi-
 cation,  or to use any form of application for employment or to make any
 inquiry in  connection  with  prospective  employment,  which  expresses
 directly  or indirectly, any limitation, specification or discrimination
 as to age, race, creed, color, national  origin,  citizenship  or  immi-
 gration  status,  sexual orientation, HOUSING STATUS, gender identity or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics, familial status, marital status, or status as a  victim  of
 domestic violence, or any intent to make any such limitation, specifica-
 tion or discrimination, unless based upon a bona fide occupational qual-
 ification;  provided,  however,  that  neither  this  paragraph  nor any
 provision of this chapter or other law shall be  construed  to  prohibit
 the  department  of  civil service or the department of personnel of any
 city containing more than one county from  requesting  information  from
 applicants  for  civil service examinations concerning any of the afore-
 mentioned  characteristics,  other  than  sexual  orientation,  for  the
 purpose  of conducting studies to identify and resolve possible problems
 in recruitment and testing of members of minority groups to  ensure  the
 fairest  possible  and  equal  opportunities for employment in the civil
 service for all persons, regardless of age, race, creed, color, national
 origin, citizenship or immigration status, HOUSING STATUS, sexual orien-
 tation or gender identity or expression, military status, sex, disabili-
 ty, predisposing genetic characteristics, familial  status,  or  marital
 status.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin, citizenship or  immi-
 gration  status,  sexual orientation, HOUSING STATUS, gender identity or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics, familial status, marital status,  status  as  a  victim  of
 domestic  violence,  or because the individual has opposed any practices
 forbidden under this article or  because  the  individual  has  filed  a
 complaint,  testified  or assisted in any proceeding under this article,
 regardless of whether such harassment  would  be  considered  severe  or
 pervasive  under precedent applied to harassment claims. Such harassment
 is an unlawful discriminatory practice when it subjects an individual to
 inferior terms, conditions or privileges of employment  because  of  the
 individual's  membership  in  one or more of these protected categories.
 The fact that such individual did not make a complaint about the harass-
 ment to such employer, licensing  agency,  employment  agency  or  labor
 organization  shall  not  be  determinative  of  whether  such employer,
 licensing agency, employment  agency  or  labor  organization  shall  be
 liable. Nothing in this section shall imply that an employee must demon-
 strate  the  existence of an individual to whom the employee's treatment
 must be compared. It shall be an affirmative defense to liability  under
 this  subdivision  that  the  harassing  conduct does not rise above the
 level of what a  reasonable  victim  of  discrimination  with  the  same
 protected characteristic or characteristics would consider petty slights
 or trivial inconveniences.
   §  7. Paragraphs (b), (c) and (d) of subdivision 1-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:
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation, HOUSING STATUS, gender identity or expression, military  status,
 S. 8444                             5
 
 sex,  age,  disability,  familial status, marital status, or status as a
 victim of domestic violence, the right to be admitted to or  participate
 in  a  guidance  program, an apprenticeship training program, on-the-job
 training  program,  executive  training  program,  or other occupational
 training or retraining program;
   (c) To discriminate against any person in [his or  her]  THE  PERSON'S
 pursuit of such programs or to discriminate against such a person in the
 terms, conditions or privileges of such programs because of race, creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation,  HOUSING STATUS, gender identity or expression, military status,
 sex, age, disability, familial status, marital status, or  status  as  a
 victim of domestic violence;
   (d)  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  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 citizenship or immigration status, sexual orientation,  HOUSING  STATUS,
 gender  identity  or  expression, military status, sex, age, disability,
 familial status, marital status, or  status  as  a  victim  of  domestic
 violence, or any intention to make any such limitation, specification or
 discrimination, unless based on a bona fide occupational qualification.
   §  8.  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  place  of  public accommodation, resort or amusement,
 because of the race, creed, color, national origin, citizenship or immi-
 gration status, sexual orientation, HOUSING STATUS, gender  identity  or
 expression,  military 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  accommo-
 dations,  advantages,  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,  HOUSING  STATUS,  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, HOUSING STATUS, gender identity or expression, mili-
 tary status, sex or marital status, or having a disability is unwelcome,
 objectionable or not acceptable, desired or solicited.
   §  9. 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, HOUSING STATUS, gender
 identity or expression,  military  status,  age,  sex,  marital  status,
 status  as  a  victim  of  domestic violence, lawful source of income or
 S. 8444                             6
 
 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] SUCH
 PERSON'S race, creed, color, disability, national origin, citizenship or
 immigration status, sexual orientation, HOUSING STATUS, gender  identity
 or  expression,  military  status, age, sex, marital status, status as a
 victim of domestic violence, lawful source of income 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, HOUSING STATUS, 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 of a person seeking to rent or lease any publicly-as-
 sisted  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, HOUSING STATUS, gender  identity
 or  expression,  military  status, sex, age, disability, marital status,
 status as a victim of domestic violence,  lawful  source  of  income  or
 familial  status,  or any intent to make any such limitation, specifica-
 tion or discrimination.
   § 10. Subdivision 3-b of section 296 of the executive  law,  as  sepa-
 rately  amended  by chapters 202 and 748 of the laws of 2022, is amended
 to read as follows:
   3-b. It shall be an unlawful  discriminatory  practice  for  any  real
 estate  broker,  real estate salesperson or employee or agent thereof or
 any other individual, corporation, partnership or organization  for  the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent  that a change has occurred or will or may occur in the composition
 with respect to race, creed,  color,  national  origin,  citizenship  or
 immigration  status, sexual orientation, HOUSING STATUS, gender identity
 or expression, military status, sex, disability, marital status,  status
 as  a  victim  of domestic violence, or familial status of the owners or
 occupants in the block, neighborhood or area in which the real  property
 is  located,  and to represent, directly or indirectly, that this change
 will or may result in undesirable consequences in the  block,  neighbor-
 hood  or  area  in which the real property is located, including but not
 limited to the lowering of property values, an increase in  criminal  or
 anti-social  behavior,  or  a decline in the quality of schools or other
 facilities.
 S. 8444                             7
 
   § 11. Subdivision 4 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:
   4.  It shall be an unlawful discriminatory practice for an educational
 institution to deny the use of its facilities to  any  person  otherwise
 qualified,  or  to permit the harassment of any student or applicant, by
 reason  of  [his]  SUCH  PERSON'S  race,  color,  religion,  disability,
 national  origin, citizenship or immigration status, sexual orientation,
 HOUSING STATUS, gender identity or  expression,  military  status,  sex,
 age,  marital status, or status as a victim of domestic violence, except
 that any such institution which establishes or  maintains  a  policy  of
 educating  persons of one sex exclusively may admit students of only one
 sex.
   § 12. 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:
   5.  (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,   HOUSING  STATUS,  gender  identity  or
 expression, military  status,  sex,  age,  disability,  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  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,
 HOUSING STATUS, gender identity or  expression,  military  status,  sex,
 age,  disability,  marital  status,  status  as  a  victim  of  domestic
 violence, lawful source of income  or  familial  status  in  the  terms,
 conditions  or privileges of the sale, rental or lease of any such hous-
 ing 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
 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, HOUSING STATUS, gender identity
 or expression, military status, sex, age,  disability,  marital  status,
 status  as  a  victim  of  domestic violence, lawful source of income or
 familial status, or any intent to make any such  limitation,  specifica-
 tion 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
 S. 8444                             8
 
 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.
   (b) It shall be an unlawful discriminatory  practice  for  the  owner,
 lessee,  sub-lessee,  or  managing  agent of, or other person having the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
 from  any person or group of persons land or commercial space because of
 the race, creed, color,  national  origin,  citizenship  or  immigration
 status,   sexual   orientation,   HOUSING  STATUS,  gender  identity  or
 expression, military  status,  sex,  age,  disability,  marital  status,
 status  as  a  victim  of  domestic violence, 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;
   (2)  To discriminate against any person because of race, creed, color,
 national origin, citizenship or immigration status, sexual  orientation,
 HOUSING  STATUS,  gender  identity  or expression, military status, sex,
 age,  disability,  marital  status,  status  as  a  victim  of  domestic
 violence,  or  familial status in the terms, conditions or privileges of
 the sale, rental or lease of any such land or commercial  space;  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 land or commercial space
 or to make any record or inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  land  or  commercial space which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, citizenship or
 S. 8444                             9
 
 immigration  status, sexual orientation, HOUSING STATUS, gender identity
 or expression, military status, sex, age,  disability,  marital  status,
 status  as  a  victim  of  domestic violence, or familial status; or any
 intent to make any such limitation, specification or discrimination.
   (4)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease  of  land  or  commercial  space exclusively to persons fifty-five
 years of age or older and the spouse of  any  such  person,  or  to  the
 restriction  of  the  sale,  rental  or lease of land to be used for the
 construction, or location  of  housing  accommodations  exclusively  for
 persons  sixty-two  years  of age or older, or intended and operated for
 occupancy by at least one person fifty-five years of age  or  older  per
 unit.  In determining whether housing is intended and operated for occu-
 pancy 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.
   (c) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate broker, real estate salesperson or employee or agent thereof:
   (1)  To  refuse to sell, rent or lease any housing accommodation, land
 or commercial space to any person or group of persons or  to  refuse  to
 negotiate  for  the sale, rental or lease, of any housing accommodation,
 land or commercial space to any person or group of  persons  because  of
 the  race,  creed,  color,  national  origin, citizenship or immigration
 status,  sexual  orientation,  HOUSING  STATUS,   gender   identity   or
 expression,  military  status,  sex,  age,  disability,  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 accommodation, land or commercial space  is  not  available  for
 inspection,  sale,  rental  or lease when in fact it is so available, or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial space or any facilities  of  any  housing  accommodation,  land  or
 commercial  space  from  any  person  or group of persons because of the
 race, creed, color, national origin, citizenship or immigration  status,
 sexual orientation, HOUSING STATUS, gender identity or expression, mili-
 tary  status,  sex,  age,  disability,  marital status, lawful source of
 income or familial status of such person or persons.
   (2) 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  any  housing  accommodation,
 land  or commercial space or to make any record or inquiry in connection
 with the prospective purchase, rental or lease of any  housing  accommo-
 dation,  land or commercial space which expresses, directly or indirect-
 ly, any limitation, specification, or discrimination as to race,  creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation,  HOUSING STATUS, gender identity or expression, military status,
 sex, age, disability, marital status, status as  a  victim  of  domestic
 violence,  lawful  source of income or familial status; or any intent to
 make any such limitation, specification or discrimination.
   (3) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of any housing accommodation, land or commercial space exclusively
 to persons fifty-five years of age or older and the spouse of  any  such
 person,  or to the restriction of the sale, rental or lease of any hous-
 ing accommodation or land to be used for the construction or location of
 housing accommodations for persons sixty-two years of age or  older,  or
 intended  and  operated  for occupancy by at least one person fifty-five
 S. 8444                            10
 
 years of age or older  per  unit.  In  determining  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.
   (d)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate board, because of the race, creed, color, national origin,  citi-
 zenship  or  immigration  status,  sexual  orientation,  HOUSING STATUS,
 gender identity or expression, military status,  age,  sex,  disability,
 marital  status,  status as a victim of domestic violence, lawful source
 of income or familial status of any individual who is  otherwise  quali-
 fied  for  membership,  to exclude or expel such individual from member-
 ship, or to discriminate against such individual in  the  terms,  condi-
 tions and privileges of membership in such board.
   (e)  It  shall  be  an unlawful discriminatory practice for the owner,
 proprietor or managing agent of, or other person  having  the  right  to
 provide care and services in, a private proprietary nursing home, conva-
 lescent  home,  or home for adults, or an intermediate care facility, as
 defined  in  section  two  of  the  social  services   law,   heretofore
 constructed,  or to be constructed, or any agent or employee thereof, to
 refuse to provide services and care in such  home  or  facility  to  any
 individual  or  to  discriminate  against  any  individual in the terms,
 conditions, and privileges of such services and care solely because such
 individual is a blind person. For purposes of this paragraph,  a  "blind
 person" shall mean a person who is registered as a blind person with the
 commission  for the visually handicapped and who meets the definition of
 a "blind person" pursuant to  section  three  of  chapter  four  hundred
 fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f) The provisions of this subdivision, as they relate to  age,  shall
 not apply to persons under the age of eighteen years.
   (g)  It  shall  be  an unlawful discriminatory practice for any person
 offering or providing housing accommodations, land or  commercial  space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or  cause  to  be  made any written or oral inquiry or record concerning
 membership of any person in the state organized militia in  relation  to
 the  purchase,  rental  or lease of such housing accommodation, land, or
 commercial space, provided, however, that nothing  in  this  subdivision
 shall  prohibit a member of the state organized militia from voluntarily
 disclosing such membership.
   § 13. Paragraph (a) of subdivision 9 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  fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power  of appointment of volunteer firefighters, directly or indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement among its members, or otherwise, to  deny  to  any  individual
 membership  in any volunteer fire department or fire company therein, or
 to expel or discriminate against any volunteer member of a fire  depart-
 ment  or  fire  company  therein,  because  of  the  race, creed, color,
 national origin, citizenship or immigration status, sexual  orientation,
 HOUSING  STATUS,  gender  identity  or expression, military status, sex,
 marital status, status as a victim of  domestic  violence,  or  familial
 status, of such individual.
 S. 8444                            11
 
   § 14. Subdivision 13 of section 296 of the executive law, as separate-
 ly  amended  by  chapters 202 and 748 of the laws of 2022, is amended to
 read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
 with, or otherwise discriminate against any person, because of the race,
 creed, color, national origin, citizenship or immigration status, sexual
 orientation, HOUSING STATUS, gender  identity  or  expression,  military
 status,  sex,  status  as  a victim of domestic violence, disability, or
 familial status, or of  such  person,  or  of  such  person's  partners,
 members,  stockholders,  directors, officers, managers, superintendents,
 agents, employees, business associates, suppliers or customers, or  (ii)
 for  any person [wilfully] WILLFULLY to do any act or refrain from doing
 any act which enables any such person to take such action. This subdivi-
 sion shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   § 15. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
 as  separately  amended by chapters 202 and 748 of the laws of 2022, are
 amended to read as follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a. In the  case  of  applications  for  credit  with  respect  to  the
 purchase,  acquisition,  construction, rehabilitation, repair or mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate against any such applicant because  of  the  race,  creed,  color,
 national  origin, citizenship or immigration status, sexual orientation,
 HOUSING STATUS, gender identity or  expression,  military  status,  age,
 sex,  marital status, status as a victim of domestic violence, disabili-
 ty, or familial status of such applicant or applicants  or  any  member,
 stockholder,  director,  officer or employee of such applicant or appli-
 cants, or of the prospective occupants or tenants of such housing accom-
 modation, land  or  commercial  space,  in  the  granting,  withholding,
 extending  or  renewing,  or in the fixing of the rates, terms or condi-
 tions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race, creed, color, national origin, citizenship
 or immigration status, sexual orientation, HOUSING STATUS, gender  iden-
 tity or expression, military status, age, sex, marital status, status as
 a victim of domestic violence, disability, or familial status;
   c. To use any form of application for credit or use or make any record
 or  inquiry  which  expresses,  directly  or indirectly, any limitation,
 specification, or discrimination as  to  race,  creed,  color,  national
 origin,  citizenship  or immigration status, sexual orientation, HOUSING
 STATUS, gender identity or expression, military status, age, sex,  mari-
 tal  status,  status  as  a  victim of domestic violence, disability, or
 familial status;
   d. To make any inquiry of an applicant concerning [his  or  her]  SUCH
 PERSON'S  capacity  to  reproduce,  or [his or her] SUCH PERSON'S use or
 advocacy of any form of birth control or family planning;
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color, national origin,  citizen-
 ship  or  immigration status, sexual orientation, HOUSING STATUS, gender
 identity or expression,  military  status,  age,  sex,  marital  status,
 S. 8444                            12
 
 status  as  a victim of domestic violence, childbearing potential, disa-
 bility, or familial status;
   f.  To  discriminate  against  a  married  person  because such person
 neither uses nor is known by the surname of [his or  her]  SUCH  MARRIED
 PERSON'S spouse.
   This  paragraph  shall  not  apply to any situation where the use of a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it shall be considered discriminatory if, because of an  applicant's  or
 class of applicants' race, creed, color, national origin, citizenship or
 immigration  status, sexual orientation, HOUSING STATUS, gender identity
 or expression, military status, age, sex, marital status,  status  as  a
 victim  of  domestic  violence,  disability,  or familial status, (i) an
 applicant or class of applicants is denied credit in circumstances where
 other applicants of like overall credit worthiness are  granted  credit,
 or  (ii)  special requirements or conditions, such as requiring co-obli-
 gors or reapplication upon marriage, are imposed upon  an  applicant  or
 class  of  applicants  in  circumstances  where  similar requirements or
 conditions are not imposed upon other applicants of like overall  credit
 worthiness.
   3.  It  shall  not  be  considered  discriminatory if credit differen-
 tiations or decisions are based upon  factually  supportable,  objective
 differences  in applicants' overall credit worthiness, which may include
 reference to such factors as current income,  assets  and  prior  credit
 history  of  such applicants, as well as reference to any other relevant
 factually supportable data; provided, however, that  no  creditor  shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics  or  assumptions  relating  to  race,  creed, color, national
 origin, citizenship or immigration status, sexual  orientation,  HOUSING
 STATUS,  gender  identity  or  expression, military status, sex, marital
 status, status as a victim of domestic violence or disability, or to the
 likelihood of any group of persons bearing or rearing children,  or  for
 that reason receiving diminished or interrupted income in the future.
   § 16. Paragraphs a, b and c of subdivision 2 and paragraph b of subdi-
 vision  3  of  section 296-c of the executive law, as amended by chapter
 305 of the laws of 2023, are amended to read as follows:
   a. refuse to hire or employ or to bar or to discharge from  internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, citizenship or immigration status, sexual
 orientation,  HOUSING  STATUS,  gender  identity or expression, military
 status, sex, disability, predisposing genetic  characteristics,  marital
 status, or status as a victim of domestic violence;
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin, citizenship or  immi-
 gration  status,  sexual orientation, HOUSING STATUS, gender identity or
 expression, military status, sex, disability, predisposing genetic char-
 acteristics, marital status, or status as a victim of domestic violence;
   c. print or circulate or cause to be printed or circulated any  state-
 ment,  advertisement  or  publication, or to use any form of application
 for employment as an intern or to make any inquiry  in  connection  with
 prospective  employment,  which  expresses  directly  or indirectly, any
 limitation, specification or discrimination  as  to  age,  race,  creed,
 color, national origin, citizenship or immigration status, sexual orien-
 tation,  HOUSING STATUS, gender identity or expression, military status,
 S. 8444                            13
 
 sex, disability, predisposing genetic characteristics, marital status or
 status as a victim of domestic violence, or any intent to make any  such
 limitation,  specification  or  discrimination, unless based upon a bona
 fide  occupational  qualification;  provided, however, that neither this
 paragraph nor any provision of  this  chapter  or  other  law  shall  be
 construed  to prohibit the department of civil service or the department
 of personnel of any city containing more than one county from requesting
 information from applicants for civil service  internships  or  examina-
 tions  concerning  any of the aforementioned characteristics, other than
 sexual orientation, for the purpose of conducting  studies  to  identify
 and  resolve  possible problems in recruitment and testing of members of
 minority groups to ensure the fairest possible and  equal  opportunities
 for  employment in the civil service for all persons, regardless of age,
 race, creed, color, national origin, citizenship or immigration  status,
 sexual  orientation,  HOUSING  STATUS, military status, sex, disability,
 predisposing genetic characteristics, marital  status  or  status  as  a
 victim of domestic violence;
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, HOUSING  STATUS,  gender  identity  or
 expression, military status, disability, predisposing genetic character-
 istics,  marital  status,  status  as  a  victim  of  domestic violence,
 national origin, or citizenship or immigration  status,  or  where  such
 harassment  has  the  purpose or effect of unreasonably interfering with
 the intern's work performance by creating an intimidating,  hostile,  or
 offensive working environment.
   § 17. Section 40-c of the civil rights law, as amended by chapter 8 of
 the laws of 2019, is amended to read as follows:
   § 40-c. Discrimination. 1. All persons within the jurisdiction of this
 state  shall  be  entitled  to  the equal protection of the laws of this
 state or any subdivision thereof.
   2. No person shall, because of race, creed,  color,  national  origin,
 sex, marital status, sexual orientation, HOUSING STATUS, gender identity
 or  expression,  or  disability,  as such term is defined in section two
 hundred ninety-two of the executive law, be subjected to  any  discrimi-
 nation in [his or her] SUCH PERSON'S civil rights, or to any harassment,
 as  defined in section 240.25 of the penal law, in the exercise thereof,
 by any other person or by any firm, corporation or  institution,  or  by
 the state or any agency or subdivision of the state.
   §  18.  Paragraph (a) of subdivision 1 of section 313 of the education
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a) It is hereby declared to be the policy of the state that the Amer-
 ican  ideal of equality of opportunity requires that students, otherwise
 qualified, be admitted to educational institutions and be  given  access
 to all the educational programs and courses operated or provided by such
 institutions  without regard to race, color, sex, religion, creed, mari-
 tal status, age,  HOUSING  STATUS,  sexual  orientation  as  defined  in
 section  two hundred ninety-two of the executive law, gender identity or
 expression as defined in section two hundred ninety-two of the executive
 law, or national origin, except that, with regard to religious or  deno-
 minational  educational  institutions,  students,  otherwise  qualified,
 shall have the equal opportunity to  attend  therein  without  discrimi-
 nation because of race, color, sex, marital status, age, HOUSING STATUS,
 sexual  orientation  as defined in section two hundred ninety-two of the
 executive law, gender identity or expression as defined in  section  two
 hundred  ninety-two  of  the  executive law, or national origin. It is a
 S. 8444                            14
 
 fundamental American right for members of various  religious  faiths  to
 establish and maintain educational institutions exclusively or primarily
 for students of their own religious faith or to effectuate the religious
 principles  in  furtherance of which they are maintained. Nothing herein
 contained shall impair or abridge that right.
   § 19. Subdivision 3 of section 313 of the education law, as amended by
 chapter 8 of the laws of 2019 and paragraph (f) as  amended  by  chapter
 501 of the laws of 2024, is amended to read as follows:
   (3)  Unfair  educational  practices. It shall be an unfair educational
 practice for an educational institution after September fifteenth, nine-
 teen hundred forty-eight:
   (a) To exclude or limit or otherwise discriminate against  any  person
 or  persons  seeking admission as students to such institution or to any
 educational program or course operated or provided by  such  institution
 because of race, religion, creed, sex, color, marital status, age, HOUS-
 ING  STATUS,  sexual orientation as defined in section two hundred nine-
 ty-two of the executive law, gender identity or expression as defined in
 section two hundred ninety-two of the executive law, or national origin;
 except that nothing in this section shall be deemed to  affect,  in  any
 way,  the right of a religious or denominational educational institution
 to select its students exclusively or primarily  from  members  of  such
 religion  or denomination or from giving preference in such selection to
 such members or to make such selection of its students as is  calculated
 by  such institution to promote the religious principles for which it is
 established or maintained. Nothing  herein  contained  shall  impair  or
 abridge  the  right  of an independent institution, which establishes or
 maintains a policy of educating persons of one sex exclusively, to admit
 students of only one sex.
   (b) To penalize any individual because [he or she] SUCH INDIVIDUAL has
 initiated, testified, participated or assisted in any proceedings  under
 this section.
   (c)  To  accept any endowment or gift of money or property conditioned
 upon teaching the doctrine of supremacy of any particular race.
   (d) With respect to any individual who withdraws  from  attendance  to
 serve on active duty in the armed forces of the United States in time of
 war,  including  any individual who withdrew from attendance on or after
 August second, nineteen hundred ninety to serve on active  duty  in  the
 armed  forces  of the United States in the Persian Gulf conflict: (i) to
 deny or limit the readmission of such individual to such institution  or
 to any educational program or course operated or provided by such insti-
 tution  because  of  such  withdrawal  from attendance or because of the
 failure to complete any educational program or course due to such  with-
 drawal;  (ii)  to  impose any academic penalty on such person because of
 such withdrawal or because of the failure to  complete  any  educational
 program  or  course due to such withdrawal; (iii) to reduce or eliminate
 any financial aid award granted to such individual which  could  not  be
 used,  in  whole  or  part, because of such withdrawal or because of the
 failure to complete any educational program or course due to such  with-
 drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
 fees paid by such individual for  any  semester,  term  or  quarter  not
 completed  because  of  such  withdrawal  or  because  of the failure to
 complete any program or course due to such withdrawal.
   (e) It shall not be an unfair educational practice for any educational
 institution to use criteria  other  than  race,  religion,  creed,  sex,
 color,  marital  status,  age,  HOUSING  STATUS,  sexual  orientation as
 defined in section two hundred ninety-two of the executive  law,  gender
 S. 8444                            15
 
 identity  or  expression as defined in section two hundred ninety-two of
 the executive law, or national origin in the admission  of  students  to
 such institution or to any of the educational programs and courses oper-
 ated or provided by such institution.
   (f)  No educational institution shall require an individual to provide
 a copy of [his or her] SUCH INDIVIDUAL'S criminal  history  record  that
 [he  or  she]  SUCH  INDIVIDUAL obtained pursuant to the rules and regu-
 lations of the division of criminal justice services.
   § 20. This act shall take effect immediately.