NY State Senate Bill 2009-S936

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Apr 21, 2009	reported and committed to finance
Apr 01, 2009	motion to discharge filed
Jan 21, 2009	referred to investigations and government operations

2009-S936 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S498
2013-2014: S2185
2015-2016: S878

2009-S936 (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; defines domestic violence victim to include victims of domestic violence pursuant to the social services law and victims of stalking offenses.

2009-S936 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S936

 TITLE OF BILL :

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


 PURPOSE :

To protect domestic violence victims from housing discrimination based
on their status as a victim.

 SUMMARY OF PROVISIONS :

This bill amends Executive Law § 292 (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.

 JUSTIFICATION :

Homelessness among domestic violence victims 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 States 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-F15) 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 ensure that persons are protected, not punished, for being
subjected to the suffering that results from domestic violence.

 LEGISLATIVE HISTORY :

2006 Referred to Investigations and Government Operations
2007 Investigations and Government Operations
2008 Investigations and Government Operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill takes effect immediately upon enactment.

2009-S936 (ACTIVE) - Bill Text download pdf

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

                                   936

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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" MEANS AN INDIVIDUAL WHO IS  OR
IS PERCEIVED BY THE ACTOR TO BE A VICTIM OF DOMESTIC VIOLENCE AS DEFINED
IN  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF THE SOCIAL SERVICES LAW, OR
STALKING AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW.
  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.
                                                           LBD03653-01-9

S. 936                              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.

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Senate Bill S936

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S936 (ACTIVE) - Details

2009-S936 (ACTIVE) - Summary

2009-S936 (ACTIVE) - Sponsor Memo

2009-S936 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S936

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S936 (ACTIVE) - Details

2009-S936 (ACTIVE) - Summary

2009-S936 (ACTIVE) - Sponsor Memo

2009-S936 (ACTIVE) - Bill Text download pdf

Comments