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

                                   878

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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 35 to read as follows:
  35. 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.
                                                           LBD02792-01-5
              

S. 878                              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.