S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7386
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by  M. of A. WILLIAMS, ZEBROWSKI -- (at request of the Divi-
   sion of Human Rights) -- read once and referred to  the  Committee  on
   Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to providing that there
   is no exemption from the requirement of  nondiscrimination  in  adver-
   tisements and inquiries for the rental of an apartment in an owner-oc-
   cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
   pied  dwelling,  and  that  engaging  in discriminatory advertising or
   inquiries will cause the property to no longer  be  exempt  from  full
   coverage by the nondiscrimination provisions of the human rights law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 5 of section 296 of the exec-
 utive law, as amended by chapter 8 of the laws of 2019 and subparagraphs
 1, 2, and 3 as amended by section 4 of part T of chapter 56 of the  laws
 of 2019, is 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09584-01-1

 A. 7386                             2
 
 income 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 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 or familial status, or
 any intent to make any such limitation, specification or discrimination.
   (4) (I) The provisions OF SUBPARAGRAPHS ONE AND TWO 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 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 fifty-five years of age or older per unit. In deter-
 mining 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.  HOWEVER, SUCH RENTAL PROPERTY SHALL NO LONGER BE EXEMPT FROM THE
 PROVISIONS OF SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH  IF  THERE  IS
 UNLAWFUL  DISCRIMINATORY  CONDUCT PURSUANT TO SUBPARAGRAPH THREE OF THIS
 PARAGRAPH.
   (II) THE PROVISIONS OF SUBPARAGRAPHS ONE, TWO, AND THREE OF THIS PARA-
 GRAPH SHALL NOT APPLY (1) TO THE RESTRICTION OF THE RENTAL OF ALL  ROOMS
 IN  A  HOUSING  ACCOMMODATION TO INDIVIDUALS OF THE SAME SEX, (2) 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  ACCOMMO-
 DATION,  OR  (3)  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 DETER-
 MINING 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.
   § 2. This act shall take effect immediately.