S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3358
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
   MORELLE, ROSENTHAL, DINOWITZ, COOK, HEVESI, KAVANAGH,  CAHILL,  ENGLE-
   BRIGHT,  PAULIN,  RYAN,  ABINANTI,  MOYA,  SEPULVEDA,  MOSLEY, ARROYO,
   PICHARDO, ORTIZ, ROZIC, WEPRIN, MAYER, BLAKE, JENNE, STECK,  BICHOTTE,
   HUNTER, HARRIS, CARROLL -- Multi-Sponsored by -- M. of A. AUBRY, BENE-
   DETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER,
   HOOPER,  JAFFEE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, OTIS, PEOPLES-
   STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMON,  SIMO-
   TAS,  SKARTADOS, SKOUFIS, SOLAGES, THIELE -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, the civil rights law and  the  educa-
   tion  law,  in  relation to prohibiting discrimination based on gender
   identity or expression; and to amend the penal law  and  the  criminal
   procedure  law,  in  relation  to  including offenses regarding gender
   identity or expression within the list of offenses subject  to  treat-
   ment as hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and intent. The legislature  reaffirms
 that  the state has the responsibility to act to assure that every indi-
 vidual within this state is afforded an equal  opportunity  to  enjoy  a
 full  and  productive  life,  and that the failure to provide such equal
 opportunity, whether because of discrimination,  prejudice,  intolerance
 or  inadequate  education,  training,  housing  or  health care not only
 threatens the rights and  proper  privileges  of  its  inhabitants,  but
 menaces  the  institutions and foundation of a free democratic state and
 threatens the peace, order, health, safety and general  welfare  of  the
 state and its inhabitants.
   The  legislature  further finds that many residents of this state have
 encountered prejudice on account of their gender identity or expression,
 and that this prejudice  has  severely  limited  or  actually  prevented
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02432-01-7

 A. 3358                             2
 
 access to employment, housing and other basic necessities of life, lead-
 ing  to  deprivation  and  suffering. The legislature further recognizes
 that this prejudice has fostered a  general  climate  of  hostility  and
 distrust,  leading  in some instances to physical violence against those
 perceived to live in a gender identity or expression which is  different
 from  that traditionally associated with the sex assigned to that person
 at birth.
   In so doing, the legislature makes clear its action is not intended to
 promote any particular attitude, course of conduct or way of life. Rath-
 er its purpose is to ensure that individuals who live in our free socie-
 ty have the capacity to make their own choices, follow their own beliefs
 and conduct their own lives as they see fit,  consistent  with  existing
 law.
   The  legislature  further finds that, as court decisions have properly
 held, New York's sex discrimination laws prohibit  discrimination  based
 on  gender  stereotypes  or  because  an  individual has transitioned or
 intends to transition from one gender to another.  This  legislation  is
 intended  to  codify this principle and to ensure that the public under-
 stands  that  discrimination  on  the  basis  of  gender  identity   and
 expression is prohibited.
   §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
 amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
 follows:
   1. The opportunity to obtain employment without discrimination because
 of  age, race, creed, color, national origin, sexual orientation, GENDER
 IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
 bility, is hereby recognized as and declared to be a civil right.
   2.  The  opportunity  to obtain education, the use of places of public
 accommodation and the ownership, use and occupancy of  housing  accommo-
 dations  and  commercial  space  without  discrimination because of age,
 race, creed, color, national origin, sexual orientation, GENDER IDENTITY
 OR EXPRESSION, military status, sex, marital status, or  disability,  as
 specified  in  section two hundred ninety-six of this article, is hereby
 recognized as and declared to be a civil right.
   § 3. Section 292 of the executive law  is  amended  by  adding  a  new
 subdivision 35 to read as follows:
   35.  THE  TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
 OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR,  EXPRESSION,
 OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
 THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
 TRANSGENDER.
   §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
 amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
 follows:
   8. To create such advisory councils, local, regional or state-wide, as
 in  its  judgment  will aid in effectuating the purposes of this article
 and of section eleven of article one of the constitution of this  state,
 and  the  division  may  empower them to study the problems of discrimi-
 nation in all or specific fields of human relationships or  in  specific
 instances of discrimination because of age, race, creed, color, national
 origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
 status, sex, disability or marital status and  make  recommendations  to
 the  division  for the development of policies and procedures in general
 and in specific instances. The advisory councils also shall  disseminate
 information  about  the division's activities to organizations and indi-
 viduals in their localities. Such advisory councils shall be composed of

 A. 3358                             3

 representative citizens, serving without pay, but with reimbursement for
 actual and necessary traveling  expenses;  and  the  division  may  make
 provision for technical and clerical assistance to such councils and for
 the expenses of such assistance.
   9. To develop human rights plans and policies for the state and assist
 in their execution and to make investigations and studies appropriate to
 effectuate  this article and to issue such publications and such results
 of investigations and research as in its judgement will tend  to  inform
 persons  of the rights assured and remedies provided under this article,
 to promote good-will and minimize or eliminate discrimination because of
 age, race, creed, color, national  origin,  sexual  orientation,  GENDER
 IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
 status.
   § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
 of the executive law, as amended by chapter 365 of the laws of 2015, are
 amended to read as follows:
   (a)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  sexual  orientation,  GENDER
 IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
 genetic characteristics, familial status, marital  status,  or  domestic
 violence  victim  status,  to  refuse  to hire or employ or to bar or to
 discharge from employment such individual  or  to  discriminate  against
 such individual in compensation or in terms, conditions or privileges of
 employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed, color, national origin, sexual orientation,
 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
 posing genetic characteristics, familial status, or marital  status,  in
 receiving,  classifying, disposing or otherwise acting upon applications
 for its services or in  referring  an  applicant  or  applicants  to  an
 employer or employers.
   (c)  For a labor organization, because of the age, race, creed, color,
 national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
 military  status, sex, disability, predisposing genetic characteristics,
 familial status, or marital status of any individual, to exclude  or  to
 expel  from its membership such individual or to discriminate in any way
 against any of its members or against any  employer  or  any  individual
 employed by an employer.
   (d)  For  any  employer  or employment agency to print or circulate or
 cause to be printed or circulated any statement, advertisement or publi-
 cation, or to use any form of application for employment or to make  any
 inquiry  in  connection  with  prospective  employment,  which expresses
 directly or indirectly, any limitation, specification or  discrimination
 as  to  age,  race,  creed,  color, national origin, sexual orientation,
 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
 posing genetic characteristics, familial status, or marital  status,  or
 any intent to make any such limitation, specification or discrimination,
 unless  based  upon  a  bona  fide occupational qualification; provided,
 however, that neither this paragraph nor any provision of  this  chapter
 or  other  law  shall  be  construed to prohibit the department of civil
 service or the department of personnel of any city containing more  than
 one county from requesting information from applicants for civil service
 examinations concerning any of the aforementioned characteristics, other
 than  sexual orientation, for the purpose of conducting studies to iden-
 tify and resolve possible problems in recruitment and testing of members
 of minority groups to insure the fairest  possible  and  equal  opportu-

 A. 3358                             4
 
 nities  for  employment in the civil service for all persons, regardless
 of age, race, creed,  color,  national  origin,  sexual  orientation  OR
 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
 posing genetic characteristics, familial status, or marital status.
   §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
 the executive law, as amended by chapter 365 of the laws  of  2015,  are
 amended to read as follows:
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
 EXPRESSION,  military  status, sex, age, disability, familial status, or
 marital status, the right to be admitted to or participate in a guidance
 program,  an  apprenticeship  training  program,   on-the-job   training
 program,  executive  training program, or other occupational training or
 retraining program;
   (c) To discriminate against any person in his or her pursuit  of  such
 programs  or  to discriminate against such a person in the terms, condi-
 tions or privileges of such programs  because  of  race,  creed,  color,
 national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
 military status,  sex,  age,  disability,  familial  status  or  marital
 status;
   (d)  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  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
 age, disability, familial status or marital status, or any intention  to
 make  any such limitation, specification or discrimination, unless based
 on a bona fide occupational qualification.
   § 7. 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,
 GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
 marital  status  of any person, directly or indirectly, to refuse, with-
 hold 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, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [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,  GENDER  IDENTITY  OR  EXPRESSION,
 military status, sex or marital status, or having a disability is unwel-
 come, objectionable or not acceptable, desired or solicited.
   §  8. 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. 3358                             5

   (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, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
 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.
   (b)  To  discriminate  against  any person because of his or her race,
 creed, color, disability, national origin,  sexual  orientation,  GENDER
 IDENTITY  OR  EXPRESSION,  military status, age, sex, marital 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-
 tation,  GENDER  IDENTITY OR EXPRESSION, 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 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.
   (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, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
 bility,  marital  status,  or familial status, or any intent to make any
 such limitation, specification or discrimination.
   § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
 by chapter 106 of the laws of 2003, is 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,
 GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
 status,  or  familial  status  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.
   § 10. Subdivision 4 of section 296 of the executive law, as amended by
 chapter 106 of the laws of 2003, is amended to read as follows:
   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

 A. 3358                             6
 
 any  student or applicant, by reason of his race, color, religion, disa-
 bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
 EXPRESSION, military status, sex, age or marital status, 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.
   § 11. 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, GENDER
 IDENTITY OR EXPRESSION, 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,  GENDER  IDENTITY  OR  EXPRESSION,
 military  status,  sex,  age,  disability,  marital  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 facili-
 ties 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,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
 bility, marital status, or familial status, 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 accommo-
 dations  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 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 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:

 A. 3358                             7
 
   (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, GENDER
 IDENTITY OR EXPRESSION, 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,  GENDER  IDENTITY  OR  EXPRESSION,
 military  status,  sex,  age,  disability,  marital  status, or familial
 status 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,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
 bility, marital status, or familial status; 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, GENDER
 IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
 status,  or  familial  status of such person or persons, or to represent
 that any housing accommodation, land or commercial space is  not  avail-
 able  for inspection, sale, rental or lease when in fact it is so avail-
 able, or otherwise to deny or withhold any housing  accommodation,  land
 or commercial 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, GENDER IDENTITY
 OR EXPRESSION, military status, sex, age, disability, marital status, or
 familial status 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

 A. 3358                             8
 
 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,  GENDER  IDENTITY  OR
 EXPRESSION, military status, sex, age, disability,  marital  status,  or
 familial  status;  or any intent to make any such limitation, specifica-
 tion 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 HOUSING ACCOMMODATION, 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 hous-
 ing accommodation or land to be used for the construction or location of
 housing accommodations 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, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
 disability,  marital status, or familial status 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
 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.
   §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
 law, as amended by chapter 365 of the laws of 2015, is amended  to  read
 as follows:

 A. 3358                             9
 
   (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power of appointment of volunteer firefighters, directly or  indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement  among  its  members,  or otherwise, to deny to any individual
 membership in any volunteer fire department or fire company therein,  or
 to  expel or discriminate against any volunteer member of a fire depart-
 ment or fire  company  therein,  because  of  the  race,  creed,  color,
 national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
 military status, sex, marital status, or familial status, of such  indi-
 vidual.
   §  13.  Subdivision 13 of section 296 of the executive law, as amended
 by chapter 365 of the laws of 2015, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed,  color,  national  origin, sexual orientation, GENDER IDENTITY OR
 EXPRESSION, military status, sex, disability,  or  familial  status,  of
 such person, or of such person's partners, members, stockholders, direc-
 tors,  officers,  managers, superintendents, agents, employees, business
 associates, suppliers or customers, or (ii) for any person  wilfully  to
 do  any  act or refrain from doing any act which enables any such person
 to take such action. This subdivision shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   § 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
 as  amended  by  chapter 106 of the laws of 2003, are amended to read as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a. In the  case  of  applications  for  credit  with  respect  to  the
 purchase,  acquisition,  construction, rehabilitation, repair or mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate against any such applicant because  of  the  race,  creed,  color,
 national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
 military status, age,  sex,  marital  status,  disability,  or  familial
 status  of  such  applicant  or  applicants  or any member, stockholder,
 director, officer or employee of such applicant or applicants, or of the
 prospective occupants or tenants of such housing accommodation, land  or
 commercial  space,  in the granting, withholding, extending or renewing,
 or in the fixing of the rates, terms or conditions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race,  creed,  color,  national  origin,  sexual
 orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
 marital status, disability, or familial status;
   c. To use any form of application for credit or use or make any record
 or inquiry which expresses,  directly  or  indirectly,  any  limitation,
 specification,  or  discrimination  as  to  race, creed, color, national
 origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
 status, age, sex, marital status, disability, or familial status;
   d.  To make any inquiry of an applicant concerning his or her capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;

 A. 3358                            10
 
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color,  national  origin,  sexual
 orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
 marital status, childbearing potential, disability, or familial status;
   f.  To  discriminate  against  a  married  person  because such person
 neither uses nor is known by the surname of his or her spouse.
   This paragraph shall not apply to any situation where  the  use  of  a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it  shall  be considered discriminatory if, because of an applicant's or
 class of applicants' race, creed, color, national origin, sexual  orien-
 tation,  GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
 tal status or disability, or familial status, (i) an applicant or  class
 of  applicants  is denied credit in circumstances where other applicants
 of like overall credit worthiness are granted credit,  or  (ii)  special
 requirements  or conditions, such as requiring co-obligors or reapplica-
 tion upon marriage, are imposed upon an applicant or class of applicants
 in circumstances  where  similar  requirements  or  conditions  are  not
 imposed upon other applicants of like overall credit worthiness.
   3.  It  shall  not  be  considered  discriminatory if credit differen-
 tiations or decisions are based upon  factually  supportable,  objective
 differences  in applicants' overall credit worthiness, which may include
 reference to such factors as current income,  assets  and  prior  credit
 history  of  such applicants, as well as reference to any other relevant
 factually supportable data; provided, however, that  no  creditor  shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics  or  assumptions  relating  to  race,  creed, color, national
 origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
 status,  sex,  marital status or disability, or to the likelihood of any
 group of persons bearing or rearing children, or for that reason receiv-
 ing diminished or interrupted income in the future.
   § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
 law, as added by chapter 481 of the laws of 2010, is amended to read  as
 follows:
   (b) Subject a domestic worker to unwelcome harassment based on gender,
 race,  religion,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR EXPRESSION or
 national origin, where such harassment has  the  purpose  or  effect  of
 unreasonably interfering with an individual's work performance by creat-
 ing an intimidating, hostile, or offensive working environment.
   § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
 the laws of 2002, is amended to read as follows:
   § 40-c. Discrimination. 1. All persons within the jurisdiction of this
 state  shall  be  entitled  to  the equal protection of the laws of this
 state or any subdivision thereof.
   2. No person shall, because of race, creed,  color,  national  origin,
 sex,  marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION,
 or disability, as such term is defined in section two hundred ninety-two
 of the executive law, be subjected to any discrimination in his  or  her
 civil  rights, or to any harassment, as defined in section 240.25 of the
 penal law, in the exercise thereof, by any other person or by any  firm,
 corporation or institution, or by the state or any agency or subdivision
 of the state.
   §  17.  Paragraph (a) of subdivision 1 of section 313 of the education
 law, as amended by chapter 2 of the laws of 2002, is amended to read  as
 follows:

 A. 3358                            11
 
   (a) It is hereby declared to be the policy of the state that the Amer-
 ican  ideal of equality of opportunity requires that students, otherwise
 qualified, be admitted to educational institutions and be  given  access
 to all the educational programs and courses operated or provided by such
 institutions  without regard to race, color, sex, religion, creed, mari-
 tal status, age, sexual orientation as defined in  section  two  hundred
 ninety-two  of  the  executive  law,  GENDER  IDENTITY  OR EXPRESSION AS
 DEFINED IN SECTION TWO HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE  LAW,  or
 national origin, except that, with regard to religious or denominational
 educational  institutions, students, otherwise qualified, shall have the
 equal opportunity to attend therein without  discrimination  because  of
 race,  color, sex, marital status, age, sexual orientation as defined in
 section two hundred ninety-two of the executive law, GENDER IDENTITY  OR
 EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
 LAW,  or national origin. It is a fundamental American right for members
 of various religious faiths to establish and maintain educational insti-
 tutions exclusively or primarily for students  of  their  own  religious
 faith  or to effectuate the religious principles in furtherance of which
 they are maintained. Nothing herein contained shall  impair  or  abridge
 that right.
   § 18. Subdivision 3 of section 313 of the education law, as amended by
 chapter 2 of the laws of 2002, is amended to read as follows:
   (3)  Unfair  educational  practices. It shall be an unfair educational
 practice for an educational institution after September fifteenth, nine-
 teen hundred forty-eight:
   (a) To exclude or limit or otherwise discriminate against  any  person
 or  persons  seeking admission as students to such institution or to any
 educational program or course operated or provided by  such  institution
 because of race, religion, creed, sex, color, marital status, age, sexu-
 al orientation as defined in section two hundred ninety-two of the exec-
 utive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS DEFINED IN SECTION TWO
 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
 nothing in this section shall be deemed to affect, in any way, the right
 of a religious or denominational educational institution to  select  its
 students  exclusively  or  primarily  from  members  of such religion or
 denomination or from giving preference in such selection to such members
 or to make such selection of its  students  as  is  calculated  by  such
 institution  to  promote the religious principles for which it is estab-
 lished or maintained. Nothing herein contained shall impair  or  abridge
 the  right of an independent institution, which establishes or maintains
 a policy of educating persons of one sex exclusively, to admit  students
 of only one sex.
   (b) To penalize any individual because he or she has initiated, testi-
 fied, participated or assisted in any proceedings under this section.
   (c)  To  accept any endowment or gift of money or property conditioned
 upon teaching the doctrine of supremacy of any particular race.
   (d) With respect to any individual who withdraws  from  attendance  to
 serve on active duty in the armed forces of the United States in time of
 war,  including  any individual who withdrew from attendance on or after
 August second, nineteen hundred ninety to serve on active  duty  in  the
 armed  forces  of the United States in the Persian Gulf conflict: (i) to
 deny or limit the readmission of such individual to such institution  or
 to any educational program or course operated or provided by such insti-
 tution  because  of  such  withdrawal  from attendance or because of the
 failure to complete any educational program or course due to such  with-
 drawal;  (ii)  to  impose any academic penalty on such person because of

 A. 3358                            12
 
 such withdrawal or because of the failure to  complete  any  educational
 program  or  course due to such withdrawal; (iii) to reduce or eliminate
 any financial aid award granted to such individual which  could  not  be
 used,  in  whole  or  part, because of such withdrawal or because of the
 failure to complete any educational program or course due to such  with-
 drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
 fees paid by such individual for  any  semester,  term  or  quarter  not
 completed  because  of  such  withdrawal  or  because  of the failure to
 complete any program or course due to such withdrawal.
   (e) It shall not be an unfair educational practice for any educational
 institution to use criteria  other  than  race,  religion,  creed,  sex,
 color, marital status, age, sexual orientation as defined in section two
 hundred  ninety-two  of the executive law, GENDER IDENTITY OR EXPRESSION
 AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE  EXECUTIVE  LAW,  or
 national  origin  in the admission of students to such institution or to
 any of the educational programs and courses operated or provided by such
 institution.
   § 19. Section 485.00 of the penal law, as added by chapter 107 of  the
 laws of 2000, is amended to read as follows:
 § 485.00 Legislative findings.
   The legislature finds and determines as follows: criminal acts involv-
 ing  violence,  intimidation and destruction of property based upon bias
 and prejudice have become more prevalent in New  York  state  in  recent
 years.    The  intolerable  truth  is that in these crimes, commonly and
 justly referred to as "hate crimes", victims are intentionally selected,
 in whole or in part, because of  their  race,  color,  national  origin,
 ancestry,  gender,  GENDER  IDENTITY  OR EXPRESSION, religion, religious
 practice, age, disability or sexual orientation.  Hate  crimes  do  more
 than  threaten  the  safety and welfare of all citizens. They inflict on
 victims incalculable physical and emotional damage and tear at the  very
 fabric  of  free  society.  Crimes  motivated by invidious hatred toward
 particular groups not only harm individual victims but send  a  powerful
 message of intolerance and discrimination to all members of the group to
 which the victim belongs.  Hate crimes can and do intimidate and disrupt
 entire communities and vitiate the civility that is essential to healthy
 democratic  processes.    In  a  democratic  society, citizens cannot be
 required to approve of the beliefs and practices  of  others,  but  must
 never  commit  criminal  acts  on  account of them. Current law does not
 adequately recognize the harm to public order and individual safety that
 hate crimes cause. Therefore, our laws must be strengthened  to  provide
 clear  recognition  of  the  gravity  of  hate crimes and the compelling
 importance of preventing their recurrence.
   Accordingly, the legislature  finds  and  declares  that  hate  crimes
 should be prosecuted and punished with appropriate severity.
   §  20.  Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
 added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
 follows:
   1.  A  person  commits a hate crime when he or she commits a specified
 offense and either:
   (a) intentionally selects the  person  against  whom  the  offense  is
 committed  or  intended  to be committed in whole or in substantial part
 because of a belief or perception regarding the  race,  color,  national
 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
 gious  practice,  age,  disability  or  sexual  orientation of a person,
 regardless of whether the belief or perception is correct, or

 A. 3358                            13
 
   (b) intentionally commits the act or acts constituting the offense  in
 whole or in substantial part because of a belief or perception regarding
 the  race,  color, national origin, ancestry, gender, GENDER IDENTITY OR
 EXPRESSION, religion, religious  practice,  age,  disability  or  sexual
 orientation  of a person, regardless of whether the belief or perception
 is correct.
   2. Proof of race, color, national  origin,  ancestry,  gender,  GENDER
 IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
 sexual orientation of the defendant, the victim or of both the defendant
 and  the  victim  does  not,  by  itself,  constitute legally sufficient
 evidence satisfying the people's burden under paragraph (a)  or  (b)  of
 subdivision one of this section.
   4. For purposes of this section:
   (a) the term "age" means sixty years old or more;
   (b)  the  term "disability" means a physical or mental impairment that
 substantially limits a major life activity[.];
   (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A  PERSON'S  ACTUAL
 OR  PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
 OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
 THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
 TRANSGENDER.
   § 21. Subdivision 3 of section 240.30 of the penal law, as amended  by
 chapter 188 of the laws of 2014, is amended to read as follows:
   3. With the intent to harass, annoy, threaten or alarm another person,
 he  or  she strikes, shoves, kicks, or otherwise subjects another person
 to physical contact, or attempts or threatens to do the same because  of
 a  belief  or  perception  regarding such person's race, color, national
 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
 gious practice, age, disability or  sexual  orientation,  regardless  of
 whether the belief or perception is correct; or
   §  22.  The  opening  paragraph of section 240.31 of the penal law, as
 amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
 follows:
   A  person  is guilty of aggravated harassment in the first degree when
 with intent to harass, annoy, threaten or alarm another person,  because
 of  a belief or perception regarding such person's race, color, national
 origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
 gious practice, age, disability or  sexual  orientation,  regardless  of
 whether the belief or perception is correct, he or she:
   §  23.  Section  240.00  of  the  penal law is amended by adding a new
 subdivision 7 to read as follows:
   7.  "GENDER  IDENTITY  OR  EXPRESSION"  MEANS  A  PERSON'S  ACTUAL  OR
 PERCEIVED  GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR
 OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE  SEX  ASSIGNED  TO
 THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
 TRANSGENDER.
   § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
 procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
 to read as follows:
   (c) in the case of any hate crime, as defined in section 485.05 of the
 penal law, specifies, as applicable, that the  defendant  or  defendants
 intentionally selected the person against whom the offense was committed
 or  intended to be committed; or intentionally committed the act or acts
 constituting the offense, in whole or in substantial part because  of  a
 belief  or perception regarding the race, color, national origin, ances-

 A. 3358                            14
 
 try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
 tice, age, disability or sexual orientation of a person; and
   §  25.  This act shall take effect on the thirtieth day after it shall
 have become a law; provided, however,  that  sections  nineteen  through
 twenty-four  of this act shall take effect on the first of November next
 succeeding the date on which it shall have become a law.