NY State Senate Bill 2017-S1119

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 06, 2017	referred to investigations and government operations

2017-S1119 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6994
2013-2014: S1592
2015-2016: S2958
2019-2020: S1568

2017-S1119 (ACTIVE) - Summary

Prevents housing discrimination against victims of domestic violence.

2017-S1119 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1119

 TITLE OF BILL :  An act to amend the executive law, in relation to
preventing housing discrimination against victims of domestic
violence; and to repeal certain provisions of such law relating
thereto

 PURPOSE :

This bill would prohibit discrimination against victims of domestic
violence in housing and certain other settings.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Executive Law section 292 by
revising subdivision 34 to better define the term "victim of domestic
violence."

Sections 2, 3, 4 and 5 of the bill would amend various subdivisions of
Executive Law section 296 to prohibit discrimination in housing and
certain other settings, including public accommodations and education,
on the basis of an individual's status as a victim of domestic
violence.

Section 6 of the bill would amend Executive Law section 296 by adding
a new subdivision 22 to provide that a housing provider may inquire as

to an individual's status as a victim of domestic violence.

Section 7 of the bill would provide that it will become effective 90
days after enactment.

 JUSTIFICATION :

Domestic violence is an especially egregious crime that transcends all
subsets of society, leaving behind a trail of pain and suffering. In
2015, law enforcement agencies outside of New York City responded to
189,327 domestic violence incidents, representing a 4 percent increase
from 2014. There were 251,753 calls to the domestic violence and
sexual assault hotlines, and 293,525 orders of protection were issued
throughout the state in 2015. Given the nature of such crimes, it is
imperative New York takes every precaution to ensure victims have a n
equal opportunity to find housing.

 LEGISLATIVE HISTORY :

S.2958 of 2015-2016; reported to Investigated and Government
Operations.
S.1592 of 2013-2014; reported to Finance.
S.6994 of 2011-2012; reported to Finance.

 FISCAL IMPLICATIONS :

This bill is not expected to have a material impact on State finances.

 EFFECTIVE DATE :
90 days after enactment.

2017-S1119 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1119
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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  preventing  housing
   discrimination  against  victims  of  domestic violence; and to repeal
   certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  34  of  section  292 of the executive law is
 REPEALED and a new subdivision 34 is added to read as follows:
   34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" MEANS A  PERSON  WHO  IS  A
 VICTIM  OF  AN  ACT WHICH WOULD CONSTITUTE A VIOLATION OF THE PENAL LAW,
 INCLUDING, BUT NOT LIMITED TO, AN ACT AS DEFINED IN SUBDIVISION  ONE  OF
 SECTION  EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE SUCH ACT IS
 OR HAS ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER AS
 DEFINED IN SUBDIVISION  ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMI-
 LY COURT ACT.
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04159-01-7

 S. 1119                             2
 
 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, [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.
   §  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.
   § 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,

 S. 1119                             3
 
 military status, sex, disability, marital status, [or] familial  status,
 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.
   § 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

 S. 1119                             4
 
 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
 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

 S. 1119                             5
 
 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, 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.
   §  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

 S. 1119                             6
 
   (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN  APPLICANT,  TENANT,  OR
 LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S1119

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S1119 (ACTIVE) - Details

2017-S1119 (ACTIVE) - Summary

2017-S1119 (ACTIVE) - Sponsor Memo

2017-S1119 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1119

Share this bill

Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S1119 (ACTIVE) - Details

2017-S1119 (ACTIVE) - Summary

2017-S1119 (ACTIVE) - Sponsor Memo

2017-S1119 (ACTIVE) - Bill Text download pdf

Comments