S. 8452 2
(b) To discriminate against any person because of [his or her] THEIR
race, creed, color, disability, national origin, citizenship or immi-
gration status, sexual orientation, gender identity or expression, mili-
tary status, age, sex, marital status, status as a victim of domestic
violence, lawful source of income [or], familial status OR CREDIT SCORE
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 CREDIT SCORE of a person seeking to rent or lease any public-
ly-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 volun-
tarily 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 [or], familial
status OR CREDIT SCORE, or any intent to make any such limitation, spec-
ification or discrimination.
§ 4. Subdivision 3-b 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:
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, gender identity or expression,
military status, sex, disability, marital status, status as a victim of
domestic violence, [or] familial status OR CREDIT SCORE, of the owners
or occupants in the block, neighborhood or area in which the real prop-
erty is located, and to represent, directly or indirectly, that this
change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including
but not limited to the lowering of property values, an increase in crim-
inal or anti-social behavior, or a decline in the quality of schools or
other facilities.
§ 5. 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
S. 8452 3
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 [or], familial status OR
CREDIT SCORE, of such person or persons, or to represent that any hous-
ing 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 [or], familial status OR CREDIT SCORE, in the terms, condi-
tions 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
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 [or], familial
status OR CREDIT SCORE, or any intent to make any such limitation, spec-
ification 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
S. 8452 4
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, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, [or] familial status OR CREDIT SCORE, 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,
gender identity or expression, military status, sex, age, disability,
marital status, status as a victim of domestic violence, [or] familial
status OR CREDIT SCORE, 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
immigration status, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, status as a
victim of domestic violence, [or] familial status OR CREDIT SCORE; 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:
S. 8452 5
(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, 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
CREDIT SCORE, of such person or persons, or to represent that any hous-
ing 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, gender identity or expression, military status, sex,
age, disability, marital status, lawful source of income [or], familial
status OR CREDIT SCORE, 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, gender identity or expression, military status, sex, age, disa-
bility, marital status, status as a victim of domestic violence, lawful
source of income [or], familial status OR CREDIT SCORE; 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
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, 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 OR CREDIT SCORE, of any individual who is otherwise
qualified for membership, to exclude or expel such individual from
membership, or to discriminate against such individual in the terms,
conditions 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
S. 8452 6
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.
§ 6. The real property law is amended by adding a new section 227-g to
read as follows:
§ 227-G. DENIAL ON THE BASIS OF CREDIT SCORE PROHIBITED. 1. NO PERSON,
FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED FOR DWELLING
PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, SHALL REFUSE
TO RENT OR OFFER A LEASE TO A POTENTIAL TENANT SOLELY ON THE BASIS OF
THE POTENTIAL TENANT'S CREDIT SCORE. AN APPLICANT FOR A RESIDENTIAL
LEASE SHALL BE EVALUATED ON MULTIPLE QUALIFYING FACTORS INCLUDING, BUT
NOT LIMITED TO:
A. INCOME LEVEL AND STABILITY;
B. EMPLOYMENT HISTORY;
C. PRIOR RENTAL HISTORY;
D. REFERENCES FROM PREVIOUS LANDLORDS; AND
E. OTHER RELEVANT CRITERIA THAT SUPPORT THE TENANT'S ABILITY TO
FULFILL RENTAL OBLIGATIONS.
2. THERE SHALL BE A REBUTTABLE PRESUMPTION OF A VIOLATION OF THIS
SECTION IF IT IS ESTABLISHED THAT THE PERSON, FIRM OR CORPORATION
REQUESTED THE CREDIT SCORE OF A POTENTIAL TENANT AND SUBSEQUENTLY
REFUSES TO RENT OR OFFER A LEASE TO THE POTENTIAL TENANT.
3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM SATISFACTORY
EVIDENCE THAT ANY PERSON, FIRM, CORPORATION OR AGENT OR EMPLOYEE THEREOF
HAS VIOLATED SUBDIVISION ONE OF THIS SECTION, THEY MAY BRING AN ACTION
OR SPECIAL PROCEEDING IN THE SUPREME COURT FOR A JUDGMENT ENJOINING THE
CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF NOT LESS THAN
ONE THOUSAND DOLLARS, BUT NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
VIOLATION.
§ 7. Section 233 of the real property law is amended by adding a new
subdivision z to read as follows:
Z. A MANUFACTURED HOME PARK OWNER MAY ONLY USE CREDIT SCORES IN
CONJUNCTION WITH OTHER QUALIFYING FACTORS SUCH AS EMPLOYMENT HISTORY AND
MONTHLY WAGES IN MAKING DETERMINATIONS OF TENANCY OR RENTAL AGREEMENTS
UNDER THIS SECTION.
§ 8. The general business law is amended by adding a new section 397-c
to read as follows:
S. 8452 7
§ 397-C. PROHIBITION ON EXCLUSIVE USE OF CREDIT SCORE IN RENTAL AGREE-
MENTS. 1. NO LANDLORD OR PROPERTY OWNER SHALL REFUSE TO RENT, LEASE OR
OTHERWISE PROVIDE HOUSING TO ANY PERSON BASED SOLELY ON THE CREDIT
SCORE OF SUCH PERSON.
2. A LANDLORD SHALL EVALUATE RENTAL APPLICATIONS BASED ON A COMBINA-
TION OF FACTORS, INCLUDING BUT NOT LIMITED TO INCOME LEVEL AND VERIFICA-
TION, PRIOR RENTAL HISTORY, AND PERSONAL REFERENCES, IN ADDITION TO
CREDIT SCORES.
3. LANDLORDS SHALL DISCLOSE TO APPLICANTS THE CRITERIA USED FOR EVAL-
UATING RENTAL APPLICATIONS, ENSURING THAT CREDIT SCORES ARE NOT THE ONLY
MEASURE OF ELIGIBILITY.
4. A VIOLATION OF THIS SECTION SHALL RESULT IN PENALTIES, INCLUDING
FINES AND A CIVIL ACTION FOR DAMAGES INCURRED BY THE AFFECTED APPLICANT.
§ 9. Section 18-c of the civil rights law, as added by chapter 287 of
the laws of 1950, is amended to read as follows:
§ 18-c. Discrimination prohibited. It shall be unlawful:
1. For the owner of any publicly assisted housing accommodation to
refuse to rent or lease or otherwise to deny to or withhold from any
person or group of persons such housing accommodation because of the
race, color, religion, national origin or ancestry, OR CREDIT SCORE of
such person or persons.
2. For the owner of any publicly assisted housing accommodation to
discriminate against any person because of the race, color, religion,
national origin or ancestry, OR CREDIT SCORE of such person in the
terms, conditions or privileges of any publicly assisted housing accom-
modations or in the furnishing of facilities or services in connection
therewith.
3. For any person to cause to be made any written or oral inquiry
concerning the race, color, religion, national origin or ancestry of a
person seeking to rent or lease any [publicly assisted] housing accommo-
dation.
§ 10. Subdivision 17 of section 295 of the executive law, as added by
chapter 701 of the laws of 2021, is amended to read as follows:
17. To establish a dedicated telephone line to provide assistance to
individuals with complaints of housing discrimination, INCLUDING CLAIMS
OF DISCRIMINATION BASED ON THE UNLAWFUL USE OF CREDIT SCORES IN DENYING
APPLICATIONS FOR RENTAL OR LEASE OF RESIDENTIAL PROPERTY. Such assist-
ance shall include, but not be limited to, directing individuals to
resources available to the public regarding housing discrimination. The
division shall operate such dedicated telephone line during regular
business hours and shall post the telephone number for such dedicated
phone line on the website of the division. The commissioner is hereby
authorized and directed to promulgate rules and regulations to effectu-
ate the purposes of this subdivision.
§ 11. This act shall take effect immediately; provided that section
ten of this act shall take effect on the ninetieth day after it shall
have become a law.
