Assembly Bill A9899

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

                                  9899

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

Introduced  by  M.  of  A. PEOPLES-STOKES, STEVENSON, ENGLEBRIGHT -- (at
  request of the Division of Human Rights) -- read once and referred  to
  the Committee on Governmental Operations

AN  ACT  to amend the executive law, in relation to providing that there
  is no exemption from the requirement of  nondiscrimination  in  adver-
  tisements and inquiries for the rental of an apartment in an owner-oc-
  cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
  pied  dwelling,  and  that  engaging  in discriminatory advertising or
  inquiries will cause the property to no longer  be  exempt  from  full
  coverage by the nondiscrimination provisions of the human rights law

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

  Section 1. Paragraph (a) of subdivision 5 of section 296 of the execu-
tive 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 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 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  in  the  terms,  conditions  or
privileges  of  the  sale,  rental or lease of any such housing accommo-
dation 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-

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

                                                           LBD14459-01-2

A. 9899                             2

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 fami-
lial status, or any intent to make any such limitation, specification or
discrimination.
  (4) (I) The provisions OF SUBPARAGRAPHS ONE AND TWO 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, OR (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 SUCH SUBPARAGRAPHS ONE AND TWO 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 OR (2) 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.
  S 2. This act shall take effect immediately.