NY State Senate Bill 2017-S4211

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
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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
Feb 06, 2017	referred to investigations and government operations

co-Sponsors

2017-S4211 (ACTIVE) - Details

See Assembly Version of this Bill:: A6948
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6295
2015-2016: S2297, A5166
2019-2020: A2259

2017-S4211 (ACTIVE) - Summary

Relates to rental discrimination based on income.

2017-S4211 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4211

 TITLE OF BILL :  An act to amend the executive law, in relation to
discrimination based upon the income of persons

 PURPOSE OF THE BILL :

To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
source of income illegal under New York State Human Rights Law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new subdivision 35 to section 292 of the executive
law defining the term "source of income" to include, but is not
limited to, wages, income derived from social security, federal or
state public assistance, and housing and rental subsidies such as
Section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "source of income" to the
prohibition of discrimination in relation to denying access to
accommodations, advantages, facilities or privileges of any public
accommodation, resort or amusement.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and

(c) of the executive law to add the language "source of income" to all
sections for inclusion against discrimination in relation to the
refusal to rent and to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law. Subsection (a) extends protections against the practices
of an owner, lessor, sub-lessor, or managing agent, or any other
person having the right to sell, rent or lease a housing
accommodation. Subsection (b) extends protections against the
practices of an owner, lessor, sub-lessor, or managing agent, or any
other person having the right to sell, rent or lease land or
commercial space. Subsection (c) extends protections against the
practices of a real estate broker, real estate sales person, or agent.
Subsection (d) extends protections against the practices of a real
estate board.

Section 5 exempts units in some buildings that have five or fewer
units located certain municipalities that had a preexisting local law
prohibiting discrimination based on source of income from this
legislation. If the local law were to be repealed the state law would
take effect. Section 5 contains the effective date.

 JUSTIFICATION :

Currently, New York State law does not prevent land-lords from
discrimination based on a person's source of income. As a result,
landlords often reject tenants with rental subsidies, such as Section
8 and subsidies tied to the Nursing Facility Transition and Diversion
and Traumatic Brain Injury Medicaid Waivers, Many People with
disabilities rely on those subsidies and other assistance programs to
live independently in the community. This legislation would make
discrimination by landlords based on a tenant's source of income
illegal under New York State Human Rights Law. Similar laws have
already been passed in New York City and Nassau.

 PRIOR LEGISLATIVE HISTORY :

2013-2014 S.6295: Referred to investigation and government operations
2015-2016 S.2297/A.5166: Referred to investigations and government
operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S4211 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4211
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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  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. 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.

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

                                                            LBD06717-01-7

 S. 4211                             2
 
   (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, AND PROVIDED FURTHER,
 HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO
 PREVENT  AN  OWNER,  LESSEE, SUB-LESSEE, ASSIGNEE OR MANAGING AGENT FROM
 OBTAINING A CREDIT REPORT DETAILING SUCH PERSON'S CREDIT WORTHINESS.
   § 3. 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, PROVIDED, HOWEVER, THAT THE
 PROVISIONS  OF  THIS  SUBPARAGRAPH  SHALL NOT BE CONSTRUED TO PREVENT AN
 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  FROM
 OBTAINING  A  CREDIT  REPORT  DETAILING  THE  CREDIT  WORTHINESS  OF ANY
 PROSPECTIVE INDIVIDUALS SEEKING TO PURCHASE, RENT  OR  LEASE  A  HOUSING
 ACCOMMODATION.
   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

 S. 4211                             3
 
 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.
   (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

 S. 4211                             4
 
 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
 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".

 S. 4211                             5
 
   (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.
   (H) THE PROVISIONS  OF  THIS  SUBDIVISION  PROHIBITING  DISCRIMINATORY
 PRACTICES  BASED  ON SOURCE OF INCOME SHALL NOT BE CONSTRUED TO PROHIBIT
 THE REFUSAL OF A SALE, RENTAL OR LEASE OF COMMERCIAL SPACE BASED ON  THE
 TYPE  OF  COMMERCIAL  ACTIVITY SUCH PURCHASER, RENTER OR LESSEE WILL USE
 SUCH COMMERCIAL SPACE FOR.
   § 4. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22.  (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO-A AND FIVE
 OF THIS SECTION RELATING TO THE PROHIBITION OF  UNLAWFUL  DISCRIMINATORY
 PRACTICES  BASED ON SOURCE OF INCOME, SUCH PROVISIONS SHALL NOT APPLY TO
 HOUSING ACCOMMODATIONS THAT:   (1)  CONTAIN  FEWER  THAN  THREE  HOUSING
 UNITS;  OR  (2)  CONTAIN  A TOTAL OF FIVE OR FEWER HOUSING UNITS LOCATED
 WITHIN A MUNICIPALITY THAT HAD A LOCAL LAW PERTAINING TO SUCH  DISCRIMI-
 NATORY  PRACTICES,  WHICH EXEMPTED HOUSING ACCOMMODATIONS THAT CONTAINED
 FIVE OR FEWER HOUSING UNITS FROM SUCH PROHIBITION, IN EXISTENCE PRIOR TO
 THE EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDED, HOWEVER, THAT IF  SUCH
 LOCAL  LAW IS REPEALED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 PROVISIONS OF THIS SECTION  RELATING  TO  THE  PROHIBITION  OF  UNLAWFUL
 DISCRIMINATORY  PRACTICES  BASED ON SOURCE OF INCOME SHALL APPLY TO SUCH
 HOUSING ACCOMMODATIONS.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  PROVISIONS  OF  SUBDIVISIONS  TWO-A AND FIVE OF THIS SECTION
 RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY  PRACTICES  BASED
 ON  SOURCE  OF INCOME SHALL APPLY (I) TO TENANTS SUBJECT TO RENT CONTROL
 LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN A TOTAL  OF  FIVE
 OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION; AND (II) TO
 ALL  HOUSING ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS CONTAINED
 IN EACH, OF ANY OWNER OR ANY AGENT THEREOF WHO HAS THE  RIGHT  TO  SELL,
 RENT OR LEASE OR APPROVE THE SALE, RENTAL OR LEASE OF AT LEAST ONE HOUS-
 ING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX OR MORE
 HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST THEREIN.
   § 5. This act shall take effect immediately.

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Senate Bill S4211

Sponsored By

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

co-Sponsors

2017-S4211 (ACTIVE) - Details

2017-S4211 (ACTIVE) - Summary

2017-S4211 (ACTIVE) - Sponsor Memo

2017-S4211 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4211

Share this bill

Sponsored By

Martin Malavé Dilan

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

co-Sponsors

Gustavo Rivera

Luis R. Sepúlveda

2017-S4211 (ACTIVE) - Details

2017-S4211 (ACTIVE) - Summary

2017-S4211 (ACTIVE) - Sponsor Memo

2017-S4211 (ACTIVE) - Bill Text download pdf

Comments