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

                                   307

                       Sixth Extraordinary Session

                            I N  S E N A T E

                              June 27, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the executive law, in  relation  to  preventing  housing
  discrimination against victims of domestic violence

  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 "VICTIM OF DOMESTIC VIOLENCE" MEANS ANY PERSON WHO  IS  A
VICTIM  OF  AN  ACT  WHICH  WOULD CONSTITUTE A VIOLENT FELONY OFFENSE AS
ENUMERATED IN SECTION 70.02 OF THE PENAL LAW  OR  A  FAMILY  OFFENSE  AS
ENUMERATED  IN  SUBDIVISION  ONE  OF SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, WHERE SUCH ACT OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN
COMMITTED BY A MEMBER OF THE SAME FAMILY  OR  HOUSEHOLD  AS  DEFINED  IN
SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
  S  2.  Paragraph  (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, 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, sexual  orientation,
military status, sex, or disability [or], 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  accommodations,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12105-01-9
              

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from or denied to any person on account of race, creed, color,  national
origin,  sexual  orientation,  military status, sex, or disability [or],
marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that  the
patronage  or custom thereat of any person of or purporting to be of any
particular race, creed,  color,  national  origin,  sexual  orientation,
military  status,  sex  [or],  marital  status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
  S 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added 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, [or] familial
status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE  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, [or] familial status, OR STATUS AS A
VICTIM OF DOMESTIC VIOLENCE 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,  [or]
familial  status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 organ-
ized 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, sexual  orien-
tation,  military  status,  sex,  age,  disability, marital status, [or]
familial status, OR STATUS AS A VICTIM  OF  DOMESTIC  VIOLENCE,  or  any
intent to make any such limitation, specification or discrimination.
  S  4.  Subdivisions  3-b and 4 of section 296 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  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, sexual orientation,
military  status, sex, disability, marital status, [or] familial status,

S. 307                              3

OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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, neighborhood 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.
  4.  It  shall  be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the  harassment  of
any  student or applicant, by reason of his race, color, religion, disa-
bility, national origin, sexual orientation, military status,  sex,  age
[or], 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.
  S  5. Paragraphs (a), (b), (c) and (d) 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:
  (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, sexual orientation, military
status,  sex,  age, disability, marital status, [or] familial status, OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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, [or] familial status, OR  STATUS  AS  A  VICTIM  OF
DOMESTIC  VIOLENCE  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,  [or]
familial  status,  OR  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE, or any
intent to make any such limitation, specification or discrimination.
  The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
rental  of  a housing accommodation in a building 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  accommo-
dation  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

S. 307                              4

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 determining whether hous-
ing 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, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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,  [or]  familial  status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE in the terms, conditions or privileges  of  the  sale,
rental or lease of any such land or commercial space; or in the furnish-
ing 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, sexual orien-
tation, military status, sex,  age,  disability,  marital  status,  [or]
familial  status,  OR  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE; 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,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR

S. 307                              5

STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 accommo-
dation, land or commercial space or any facilities of any housing accom-
modation, land or commercial space from any person or group  of  persons
because  of the race, creed, color, national origin, sexual orientation,
military status, sex, age, disability,  marital  status,  [or]  familial
status,  OR  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE 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, sexual orientation, military status, sex, age,
disability, marital status, [or] familial status, OR STATUS AS A  VICTIM
OF  DOMESTIC  VIOLENCE; or any intent to make any such limitation, spec-
ification 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 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 housing accommodation or
land to be used for the construction or  location  of  housing  accommo-
dations  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, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi-
vidual  who  is  otherwise qualified for membership, to exclude or expel
such individual from membership, or to discriminate against  such  indi-
vidual  in  the  terms,  conditions and privileges of membership in such
board.
  S 6. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 22 to read as follows:
  22.  NO  PROVISION  OF  THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN
OWNER, LESSEE, SUBLESSEE, ASSIGNEE, OR MANAGING  AGENT  OF  ANY  HOUSING
ACCOMMODATION,  PUBLIC  OR  PRIVATE, OR OTHER PERSON HAVING THE RIGHT OF
OWNERSHIP OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN  ACCOM-
MODATION,  FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING INFORMATION
ABOUT AN INDIVIDUAL'S DOMESTIC VIOLENCE VICTIM  STATUS  SOLELY  FOR  THE
PURPOSE OF:
  (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING
FOR THAT VICTIM OF DOMESTIC VIOLENCE;
  (B)  PROVIDING  ANY OTHER ASSISTANCE TO A VICTIM OF DOMESTIC VIOLENCE,
THE PURPOSE OF WHICH IS TO ASSIST RATHER THAN  TO  HINDER  OBTAINING  OR
RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR

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  (C)  RESPONDING  TO  AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR
LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law.