S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5891
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to discrimination based
   upon the income of persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 36 to read as follows:
   36.  THE  TERM  "SOURCE  OF  INCOME"  SHALL INCLUDE: WAGES FROM LAWFUL
 EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
 DERIVED  FROM  SOCIAL  SECURITY,  OR ANY FORM OF FEDERAL, STATE OR LOCAL
 PUBLIC ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE,  INCLUD-
 ING  SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND ANY
 OTHER FORMS OF LAWFUL INCOME.
   § 2. Paragraph (a) of subdivision 2 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, 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, SOURCE  OF  INCOME,
 disability  or  marital status of any person, directly or indirectly, to
 refuse, withhold from or deny to such person any of the  accommodations,
 advantages, facilities or privileges thereof, including the extension of
 credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
 display, post or mail any written or printed  communication,  notice  or
 advertisement, to the effect that any of the accommodations, advantages,
 facilities  and  privileges of any such place shall be refused, withheld
 from or denied to any person on account of race, creed, color,  national
 origin,  sexual  orientation,  gender  identity  or expression, military

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

                                                            LBD06120-02-9

 A. 5891                             2
 
 status, sex, SOURCE OF INCOME, 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, SOURCE OF INCOME, sex or
 marital  status,  or  having a disability is unwelcome, objectionable or
 not acceptable, desired or solicited.
   § 3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
 the  executive  law,  as  amended  by chapter 8 of the laws of 2019, 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,  gender  identity or expression, 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, gender
 identity or expression, military status, age, sex, marital status,  [or]
 familial  status, OR SOURCE OF INCOME in the terms, conditions or privi-
 leges of any publicly-assisted housing accommodations or in the furnish-
 ing 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, OR SOURCE OF INCOME of a
 person  seeking  to rent or lease any publicly-assisted housing accommo-
 dation; provided,  however,  that  nothing  in  this  subdivision  shall
 prohibit a member of the reserve armed forces of the United States or in
 the  organized  militia  of  the  state from voluntarily disclosing such
 membership.
   § 4. Subdivision 5 of section 296 of the executive law, as amended  by
 chapter 8 of the laws of 2019, 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, 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,  gender  identity  or  expression,
 military  status,  sex,  age,  disability, 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

 A. 5891                             3
 
 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 SOURCE OF INCOME, 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
 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, gender
 identity or expression, 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,  gender  identity or expression,
 military status, sex, age, disability,  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, gender identity or expression, military status, sex, age,  disa-
 bility,  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

 A. 5891                             4
 
 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, OR SOURCE OF  INCOME  of  such  person  or
 persons, or to represent that any housing accommodation, land or commer-
 cial  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 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, 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,   gender   identity   or
 expression,  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.
   (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, 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

 A. 5891                             5
 
 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.
   § 5. This act shall take effect immediately; provided,  however,  that
 if  chapter  8  of  the  laws  of 2019 shall not have taken effect on or
 before such date, then sections two, three and four of  this  act  shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2019, takes effect.