S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7729
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting  discrimi-
   nation based on criminal history in the sale or rental of real proper-
   ty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b) and (c) of subdivision 2-a  of  section
 296  of  the executive law, as amended by section 3 of part T of chapter
 56 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, lawful source of income, CRIMINAL HISTORY,  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,
 lawful source of income, CRIMINAL HISTORY, or  familial  status  in  the
 terms,  conditions or privileges of any publicly-assisted housing accom-
 modations 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, lawful source of income, CRIMINAL HISTORY,  or
 familial  status  of  a person seeking to rent or lease any publicly-as-

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

                                                            LBD11574-01-9

 A. 7729                             2
 
 sisted 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.
   §  2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
 of the executive law, paragraphs (a), (b) and (c) as amended by  chapter
 8  of  the  laws  of  2019, subparagraphs 1, 2 and 3 of paragraph (a) as
 amended by section 4, subparagraphs 1 and 2 of paragraph (c) as  amended
 by  section  5,  and  paragraph (d) as amended by section 6 of part T of
 chapter 56 of the laws of 2019, 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, gender
 identity or expression, military status, sex, age,  disability,  marital
 status, lawful source of income, CRIMINAL HISTORY, 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, lawful source of
 income, CRIMINAL HISTORY, or familial status in the terms, conditions or
 privileges of the sale, rental or lease of  any  such  housing  accommo-
 dation  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,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, lawful source of income,  CRIMINAL  HISTORY,  or
 familial  status,  or any intent to make any such limitation, specifica-
 tion 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

 A. 7729                             3
 
 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,  CRIMINAL HISTORY, 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, CRIMINAL HISTORY,
 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 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,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, CRIMINAL HISTORY, 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, lawful source of income, CRIMINAL HISTORY, or familial status 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 with-
 hold any housing accommodation, land or commercial space or any  facili-
 ties  of  any  housing  accommodation, land or commercial space from any
 person or group of persons because of the race, creed,  color,  national

 A. 7729                             4
 
 origin,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status, lawful source  of  income,
 CRIMINAL HISTORY, 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,
 lawful source of income, CRIMINAL HISTORY, or familial  status;  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, lawful source of income,  CRIMINAL  HISTORY,
 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 privi-
 leges of membership in such board.
   § 3. This act shall take effect immediately.