NY State Senate Bill 2019-S3303

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

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Feb 05, 2019	referred to investigations and government operations

co-Sponsors

2019-S3303 (ACTIVE) - Details

See Assembly Version of this Bill:: A5891
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S8606, A10077

2019-S3303 (ACTIVE) - Summary

Relates to discrimination based upon the income of persons; defines source of income; establishes unlawful discriminatory practices based on source of income.

2019-S3303 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3303

SPONSOR: PARKER
 
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 "lawful source of income" to include, but not be
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 execu-

tive law to add the language "or source of income" as a category
protected from discrimination.71

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, 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 "or source of income" as a protected status form discrimi-
nation in relation to housing to the New York State Human Rights Law.

Subsection (a) extends protections against the practices of an owner,
lessee, sub-lease, 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, lessee, sublease,
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 contains the effective date.

 
JUSTIFICATION:

Currently, New York State law does not prevent landlords from discrimi-
nation based on a person's source of income. As a result, landlords
often reject tenants with rental subsidies, such as Section 8 and subsi-
dies 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:
2017-18: S8606 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3303 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3303
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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

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

                                                            LBD06120-02-9

 S. 3303                             2
 
 origin, sexual orientation,  gender  identity  or  expression,  military
 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-

 S. 3303                             3

 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 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

 S. 3303                             4
 
 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,  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

 S. 3303                             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.

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Senate Bill S3303

Sponsored By

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

co-Sponsors

2019-S3303 (ACTIVE) - Details

2019-S3303 (ACTIVE) - Summary

2019-S3303 (ACTIVE) - Sponsor Memo

2019-S3303 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3303

Share this bill

Sponsored By

Kevin S. Parker

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

co-Sponsors

Pete Harckham

Liz Krueger

2019-S3303 (ACTIVE) - Details

2019-S3303 (ACTIVE) - Summary

2019-S3303 (ACTIVE) - Sponsor Memo

2019-S3303 (ACTIVE) - Bill Text download pdf

Comments