Senate Bill S9490

                                 
BILL NUMBER: S9490

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the executive law, in relation to unlawful discriminato-
ry practices against tenants relating to citizenship or immigration
status

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits housing discrimination based on citizenship or immi-
gration status in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Section 296 of the Executive Law to make four practices
unlawful:

First, landlords and property managers cannot ask about or require
disclosure of citizenship or immigration status during the rental proc-
ess.
              

Second, they cannot demand specific immigration documents like green
cards as the only acceptable form of identification.

Third, they cannot share a tenant's immigration or citizenship status
with third parties, including federal authorities, except under court
order.

Fourth, they cannot report or threaten to report a tenant's immigration
status to immigration authorities in retaliation for the tenant assert-
ing their legal rights.

The bill includes two exceptions. Landlords can still verify identity
and conduct standard tenant screening, as long as those practices don't
impose different requirements based on immigration status.  Landlords
can also comply with federal citizenship requirements for federally
subsidized housing programs.

 
JUSTIFICATION:

New York has long prohibited housing discrimination based on character-
istics like race, religion, and national origin, and recently added
citizenship and immigration status to those protections. This bill
extends those protections to guard against specific practices that can
be based on citizenship and immigration status.

Reports from tenant advocates indicate that some landlords use immi-
gration status as a pretext to deny housing, charge higher rents, or
refuse to make repairs. Others threaten tenants with immigration
enforcement when tenants complain about unsafe conditions or withheld
security deposits. These practices exploit fear and leave immigrant
families vulnerable to substandard housing and illegal lease terms.

The bill addresses these abuses while preserving landlords' ability to
verify identity and assess creditworthiness through lawful screening.
It does not prevent landlords from checking references, employment, or

income. It simply requires that screening standards apply equally
regardless of immigration status.

The carveout for federally subsidized housing ensures compliance with
federal law where citizenship verification is mandatory.

New York depends on immigrant communities for essential labor, economic
growth, and cultural vitality. Stable housing is foundational to health,
education, and economic security. This bill ensures that all New Yorkers
can seek housing without fear of discrimination based on where they were
born or their current citizenship status.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.