S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10077
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to discrimination based
   upon the income of persons
 
   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  "SOURCE  OF  INCOME"  SHALL INCLUDE: WAGES FROM LAWFUL
 EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
 DERIVED  FROM  SOCIAL  SECURITY,  OR ANY FORM OF FEDERAL, STATE OR LOCAL
 PUBLIC ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE,  INCLUD-
 ING  SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND ANY
 OTHER FORMS OF LAWFUL INCOME.
   § 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, SOURCE OF INCOME, or disability or marital  status
 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 from or denied to any person
 on account of race, creed, color, national origin,  sexual  orientation,
 military status, sex, SOURCE OF INCOME, or disability or marital status,
 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, SOURCE OF INCOME, sex or marital status,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15000-01-8

 A. 10077                            2
 
 or having a disability is unwelcome, objectionable  or  not  acceptable,
 desired or solicited.
   §  3. 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,  [or]  familial
 status,  OR  SOURCE OF INCOME 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 SOURCE OF
 INCOME 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 SOURCE OF INCOME 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.
   § 4. Subdivision 5 of section 296 of the executive law, as amended  by
 chapter 106 of the laws of 2003, is amended to read as follows:
   5.  (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
 SOURCE  OF  INCOME  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 SOURCE OF  INCOME  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 SOURCE OF INCOME, or any intent  to  make  any  such
 limitation, specification or discrimination.

 A. 10077                            3
 
   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
 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
 SOURCE OF INCOME 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 SOURCE OF INCOME in the
 terms, conditions or privileges of the sale, rental or lease of any such
 land or commercial space; 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 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 SOURCE OF INCOME; 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.

 A. 10077                            4
 
   (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
 SOURCE  OF  INCOME  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 accommodation, land or commer-
 cial space or any facilities  of  any  housing  accommodation,  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
 SOURCE OF INCOME 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 SOURCE  OF  INCOME;
 or  any  intent  to make any such limitation, specification or discrimi-
 nation.
   (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 SOURCE OF INCOME of any individual who is otherwise
 qualified for membership, to  exclude  or  expel  such  individual  from
 membership,  or  to  discriminate  against such individual in the terms,
 conditions and privileges of membership in such board.
   (e) It shall be an unlawful discriminatory  practice  for  the  owner,
 proprietor  or  managing  agent  of, or other person having the right to
 provide care and services in, a private proprietary nursing home, conva-
 lescent home, or home for adults, or an intermediate care  facility,  as
 defined   in   section  two  of  the  social  services  law,  heretofore
 constructed, or to be constructed, or any agent or employee thereof,  to
 refuse  to  provide  services  and  care in such home or facility to any
 individual or to discriminate  against  any  individual  in  the  terms,
 conditions, and privileges of such services and care solely because such

 A. 10077                            5
 
 individual  is  a blind person. For purposes of this paragraph, a "blind
 person" shall mean a person who is registered as a blind person with the
 commission for the visually handicapped and who meets the definition  of
 a  "blind  person"  pursuant  to  section  three of chapter four hundred
 fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f)  The  provisions of this subdivision, as they relate to age, shall
 not apply to persons under the age of eighteen years.
   (g) It shall be an unlawful discriminatory  practice  for  any  person
 offering  or  providing housing accommodations, land or commercial space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or cause to be made any written or oral  inquiry  or  record  concerning
 membership  of  any person in the state organized militia in relation to
 the purchase, rental or lease of such housing  accommodation,  land,  or
 commercial  space,  provided,  however, that nothing in this subdivision
 shall prohibit a member of the state organized militia from  voluntarily
 disclosing such membership.
   § 5. This act shall take effect immediately.