S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1047                                                   A. 747
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN,
   BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
   GOUNARDES,  HARCKHAM,  JACKSON,  KAMINSKY,  KAPLAN, KAVANAGH, KENNEDY,
   KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARK-
   ER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS,  SAVINO, SEPULVEDA,
   SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Investigations and Government Operations
 
 IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BRON-
   SON, L. ROSENTHAL, HEASTIE, DINOWITZ,  COOK,  HEVESI,  CAHILL,  ENGLE-
   BRIGHT,  PAULIN,  RYAN,  ABINANTI,  MOSLEY,  ARROYO,  PICHARDO, ORTIZ,
   ROZIC, WEPRIN, BLAKE, STECK, BICHOTTE, HUNTER, CARROLL, D'URSO,  JEAN-
   PIERRE,  DE LA ROSA,  WALKER,  DICKENS,  JAFFEE,  SIMON,  BURKE, CRUZ,
   JACOBSON, REYES, FALL, ROMEO -- Multi-Sponsored by -- M. of A.  AUBRY,
   BENEDETTO,  BRAUNSTEIN,  DenDEKKER,  FAHY,  GALEF,  GUNTHER,  HYNDMAN,
   LIFTON, LUPARDO, MAGNARELLI,  OTIS,  PEOPLES-STOKES,  PERRY,  PRETLOW,
   QUART, RAMOS, RIVERA, SEAWRIGHT, SIMOTAS, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03877-01-9

 S. 1047                             2                             A. 747
 
 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
 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,

 S. 1047                             3                             A. 747
 
 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
 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,

 S. 1047                             4                             A. 747
 
 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-
 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

 S. 1047                             5                             A. 747
 
 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)  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

 S. 1047                             6                             A. 747

 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
 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

 S. 1047                             7                             A. 747
 
 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 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

 S. 1047                             8                             A. 747
 
 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
 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

 S. 1047                             9                             A. 747
 
 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) 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;

 S. 1047                            10                             A. 747
 
   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;
   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

 S. 1047                            11                             A. 747
 
 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) 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

 S. 1047                            12                             A. 747
 
 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
 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:

 S. 1047                            13                             A. 747
 
   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
   (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.

 S. 1047                            14                             A. 747
 
   § 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-
 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.