NY State Senate Bill 2009-S4460

Archive: Last Bill Status Via A1055 - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2010	print number 1055b
Jan 15, 2010	amend and recommit to governmental operations
Jan 12, 2010	committed to governmental operations
Jan 06, 2010	ordered to third reading cal.94 returned to assembly died in senate
Jul 16, 2009	committed to rules
May 12, 2009	3rd reading cal.266 substituted for s4460
Jan 14, 2010	print number 4460a
Jan 14, 2010	amend and recommit to investigations and government operations
Jan 06, 2010	referred to investigations and government operations
May 12, 2009	substituted by a1055a
May 11, 2009	advanced to third reading
May 06, 2009	2nd report cal.
May 05, 2009	1st report cal.266
Apr 23, 2009	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2009-S4460 - Details

See Assembly Version of this Bill:: A1055
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9154
2013-2014: A644
2015-2016: A915
2017-2018: A591
2019-2020: A1161

2009-S4460 - Summary

Prohibits certain discriminatory practices against victims of domestic violence relating to housing, including but not limited to, the purchase, rent, lease or housing accommodation.

2009-S4460 - Sponsor Memo

                                 BILL NUMBER:  S4460

 TITLE OF BILL :
An act to amend the executive law, in relation to prohibiting
discriminatory practices against domestic violence victims


 PURPOSE OR GENERAL IDEA OF BILL :
To protect domestic violence victims from housing discrimination based
on their status as a victim.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends Executive Law S296 (the Human Rights Law) to add
domestic violence victim status to the list of bases that may not
lawfully be relied on when denying an individual the right to
purchase, rent, lease or inhabit housing accommodation. A new
definition of "domestic violence victim" is added to Executive Law
S292.

 JUSTIFICATION :
Homelessness among domestic violence is a significant problem, which
can prevent such victims, who are primarily women, from stabilizing
their lives, and the lives of their children and other dependents.
While homelessness can result from a number of factors, in a 1999
publication the united State Conference of Mayors identified domestic
violence as a significant cause of homelessness.  In a 1999 study

conducted by the National Resource Center on Domestic violence, 67% of
domestic violence service providers identified housing discrimination
as a barrier to battered women seeking alternative housing. Battered
women who cannot find a place to live may be forced to return to their
abusers. Landlords and sellers of property should not be permitted to
discriminate against domestic violence victims based upon assumptions
about the effect that their tenancy or home ownership may have on
property or other persons.

In 1985 the Office of the Attorney General issued a Formal Opinion
(85-FI5) that recognized that barring rentals to domestic violence
victims would have a disproportionate impact on women, and is not
justified by a business necessity. The Opinion pointed out that a
battered individual seeking housing, who has no intention of
undertaking future cohabitation with the abuser or permitting the
offending person to enter the premises, should not be denied living
quarters based on a third party's previous violence. The opinion
affirmed that a property owner may adopt nondiscriminatory rules to
protect against damage to persons or property.

This bill would incorporate the opinion into the Human Rights Law to
ensure that domestic violence victims and property owners have clear
notice of their legally binding rights and responsibilities, so as to
further insure that persons are protected, not punished, for being
subjected to the suffering that results from domestic violence.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4460 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4460

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT to amend the executive law, in relation to prohibiting discrimi-
  natory practices against domestic violence victims

  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 34 to read as follows:
  34.  THE  TERM  "DOMESTIC VIOLENCE VICTIM", WHEN USED IN THIS ARTICLE,
MEANS AN INDIVIDUAL WHO IS A VICTIM OF AN ACT WHICH WOULD  CONSTITUTE  A
FAMILY  OFFENSE  PURSUANT  TO  SUBDIVISION  ONE OF SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT.
  S 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
the  executive  law,  as amended by chapter 106 of the laws of 2003, 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,  sexual
orientation,   military  status,  age,  sex,  marital  status,  DOMESTIC
VIOLENCE VICTIM STATUS, 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, sexual orientation, military
status, age, sex, marital status, DOMESTIC VIOLENCE  VICTIM  STATUS,  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, sexual orien-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03653-03-9

S. 4460                             2

tation, membership in the reserve armed forces of the United  States  or
in  the organized militia of the state, age, sex, marital status, DOMES-
TIC VIOLENCE VICTIM STATUS, 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.
  S 3. Subparagraphs 1, 2 and 3 of paragraph (a)  of  subdivision  5  of
section  296 of the executive law, as amended by chapter 106 of the laws
of 2003, are amended to read as follows:
  (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, sexual orientation, military
status, sex, age, disability, marital status, DOMESTIC  VIOLENCE  VICTIM
STATUS,  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, sexual orientation, military status, sex, age, disabil-
ity, marital status, DOMESTIC VIOLENCE VICTIM STATUS, 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
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, sexual  orien-
tation,  military status, sex, age, disability, marital status, DOMESTIC
VIOLENCE VICTIM STATUS, or familial status, or any intent  to  make  any
such limitation, specification or discrimination.
  S  4.  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  OR
ENTITY  TO  OBTAIN  FOR,  OR  PROVIDE TO, ANY PERSON HAVING THE RIGHT TO
SELL, RENT OR LEASE A HOUSING ACCOMMODATION, OR ANY  AGENT  OR  EMPLOYEE
THEREOF,  INFORMATION RELATING TO THE DOMESTIC VIOLENCE VICTIM STATUS OF
AN INDIVIDUAL WHO RENTS, LEASES OR SUB-LEASES A HOUSING ACCOMMODATION OR
WHO SEEKS TO PURCHASE, RENT, LEASE OR SUB-LEASE A HOUSING ACCOMMODATION.
  S 5. This act shall take effect immediately.

2009-S4460A (ACTIVE) - Details

See Assembly Version of this Bill:: A1055
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9154
2013-2014: A644
2015-2016: A915
2017-2018: A591
2019-2020: A1161

2009-S4460A (ACTIVE) - Summary

Prohibits certain discriminatory practices against victims of domestic violence relating to housing, including but not limited to, the purchase, rent, lease or housing accommodation.

2009-S4460A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4460A

 TITLE OF BILL :
An act to amend the executive law, in relation to prohibiting
discriminatory practices against domestic violence victims


 PURPOSE OR GENERAL IDEA OF BILL :
To protect domestic violence victims from housing discrimination based
on their status as a victim.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends Executive Law S296 (the Human Rights Law) to add
domestic violence victim status to the list of bases that may not
lawfully be relied on when denying an individual the right to
purchase, rent, lease or inhabit housing accommodation.

 JUSTIFICATION :
Homelessness among domestic violence is a significant problem, which
can prevent such victims, who are primarily women, from stabilizing
their lives, and the lives of their children and other dependents.
While homelessness can result from a number of factors, in a 1999
publication the united State Conference of Mayors identified domestic
violence as a significant cause of homelessness. In a 1999 study
conducted by the National Resource Center on Domestic violence, 67% of
domestic violence service providers identified housing discrimination

as a barrier to battered women seeking alternative housing. Battered
women who cannot find a place to live may be forced to return to their
abusers. Landlords and sellers of property should not be permitted to
discriminate against domestic violence victims based upon assumptions
about the effect that their tenancy or home ownership may have on
property or other persons.

In 1985 the Office of the Attorney General issued a Formal Opinion
(85-FIS) that recognized that barring rentals to domestic violence
victims would have a disproportionate impact on women, and is not
justified by a business necessity. The Opinion pointed out that a
battered individual seeking housing, who has no intention of
undertaking future cohabitation with the abuser or permitting the
offending person to enter the premises, should not be denied living
quarters based on a third party's previous violence. The opinion
affirmed that a property owner may adopt nondiscriminatory rules to
protect against damage to persons or property.

This bill would incorporate the opinion into the Human Rights Law to
ensure that domestic violence victims and property owners have clear
notice of their legally binding rights and responsibilities, so as to
further insure that persons are protected, not punished, for being
subjected to the suffering that results from domestic violence.

 PRIOR LEGISLATIVE HISTORY :
2009: A.1055-A - Passed Assembly
2008: A.5916-A - Passed Assembly, Died in Senate Investigations and
Government Operations Committee

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4460A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4460--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to prohibiting  discrimi-
  natory practices against domestic violence victims

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a), (b) and (c) of subdivision 2-a  of  section
296 of the executive law, as amended by chapter 106 of the laws of 2003,
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, sexual
orientation,  military  status,  age,  sex,  marital  status,   DOMESTIC
VIOLENCE VICTIM STATUS, 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, sexual orientation,  military
status,  age,  sex,  marital status, DOMESTIC VIOLENCE VICTIM STATUS, 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,  sexual  orien-
tation,  membership  in the reserve armed forces of the United States or
in the organized militia of the state, age, sex, marital status,  DOMES-
TIC  VIOLENCE  VICTIM  STATUS, or familial status of a person seeking to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03653-04-0

S. 4460--A                          2

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.
  S  2.  Subparagraphs  1,  2 and 3 of paragraph (a) of subdivision 5 of
section 296 of the executive law, as amended by chapter 106 of the  laws
of 2003, are amended to read as follows:
  (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, sexual orientation, military
status,  sex,  age, disability, marital status, DOMESTIC VIOLENCE VICTIM
STATUS, 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, sexual orientation, military status, sex, age, disabil-
ity, marital status, DOMESTIC VIOLENCE VICTIM STATUS, 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
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, sexual orien-
tation, military status, sex, age, disability, marital status,  DOMESTIC
VIOLENCE  VICTIM  STATUS,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  S 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 OR
ENTITY TO OBTAIN FOR, OR PROVIDE TO, ANY  PERSON  HAVING  THE  RIGHT  TO
SELL,  RENT  OR  LEASE A HOUSING ACCOMMODATION, OR ANY AGENT OR EMPLOYEE
THEREOF, INFORMATION RELATING TO THE DOMESTIC VIOLENCE VICTIM STATUS  OF
AN INDIVIDUAL WHO RENTS, LEASES OR SUB-LEASES A HOUSING ACCOMMODATION OR
WHO SEEKS TO PURCHASE, RENT, LEASE OR SUB-LEASE A HOUSING ACCOMMODATION.
  S 4. This act shall take effect immediately.

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Senate Bill S4460

Sponsored By

Archive: Last Bill Status Via A1055 - In Assembly Committee

Bill Amendments

2009-S4460 - Details

2009-S4460 - Summary

2009-S4460 - Sponsor Memo

2009-S4460 - Bill Text download pdf

2009-S4460A (ACTIVE) - Details

2009-S4460A (ACTIVE) - Summary

2009-S4460A (ACTIVE) - Sponsor Memo

2009-S4460A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4460

Share this bill

Sponsored By

Craig M. Johnson

Archive: Last Bill Status Via A1055 - In Assembly Committee

Bill Amendments

2009-S4460 - Details

2009-S4460 - Summary

2009-S4460 - Sponsor Memo

2009-S4460 - Bill Text download pdf

2009-S4460A (ACTIVE) - Details

2009-S4460A (ACTIVE) - Summary

2009-S4460A (ACTIVE) - Sponsor Memo

2009-S4460A (ACTIVE) - Bill Text download pdf

Comments