S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4681
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to rental  discrimination
   based upon consumer credit history
 
   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 39 to read as follows:
   39. THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
 WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
 INDICATED BY:
   (A) A CONSUMER CREDIT REPORT; OR
   (B) CREDIT SCORE.
   § 2. 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) (I) To refuse to sell, rent or lease or otherwise to  deny  to  or
 withhold 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  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.
   (II)  TO  REFUSE  TO RENT OR LEASE OR OTHERWISE TO DENY TO OR WITHHOLD
 FROM ANY PERSON OR GROUP OF PERSONS SUCH HOUSING ACCOMMODATIONS  BECAUSE
 OF  THE  CONSUMER CREDIT HISTORY OF SUCH PERSON OR PERSONS, OR TO REPRE-
 SENT THAT ANY HOUSING ACCOMMODATION IS NOT AVAILABLE FOR 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

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

                                                            LBD05092-01-1

 A. 4681                             2
 
 identity or expression,  military  status,  age,  sex,  marital  status,
 lawful source of income [or], familial status OR CONSUMER CREDIT HISTORY
 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, lawful source of income [or], familial status
 OR CONSUMER CREDIT HISTORY 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.
   §  3.  Subdivision 5 of section 296 of the executive law is amended by
 adding a new paragraph (h) to read as follows:
   (H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  ANY  PERSON
 OFFERING  HOUSING ACCOMMODATIONS FOR RENT OR LEASE AS DESCRIBED IN PARA-
 GRAPHS (A), (B) AND (C) OF THIS SUBDIVISION TO REFUSE TO RENT  OR  LEASE
 OR  OTHERWISE  DENY  TO  OR WITHHOLD FROM ANY PERSON OR GROUP OF PERSONS
 SUCH HOUSING ACCOMMODATIONS BECAUSE OF THE CONSUMER  CREDIT  HISTORY  OF
 SUCH  PERSON  OR PERSONS, OR TO REPRESENT THAT ANY HOUSING ACCOMMODATION
 IS NOT AVAILABLE FOR RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE.
   § 4. This act shall take effect immediately.