NY State Senate Bill 2021-S6886

Senate Bill S6886

Signed By Governor

2021-2022 Legislative Session

Relates to providing that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment or room

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.300
Jul 12, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.239 substituted for a7386
Jun 02, 2021	referred to codes delivered to assembly passed senate
Jun 01, 2021	ordered to third reading cal.1409 committee discharged and committed to rules
May 20, 2021	referred to investigations and government operations

Votes

- Jun 2, 2021 - Floor Vote
  S6886
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2021 - Rules Committee Vote
  S6886
  
  17
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2021
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      Griffo
      
      Lanza
      
      Ritchie

2021-S6886 (ACTIVE) - Details

See Assembly Version of this Bill:: A7386
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2021-S6886 (ACTIVE) - Summary

Provides that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied 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.

2021-S6886 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6886

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing that there
is no exemption from the requirement of nondiscrimination in advertise-
ments and inquiries for the rental of an apartment in an owner-occupied
two-unit dwelling, or for the rental of rooms in an owner-occupied
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

 
PURPOSE OF THE BILL:

The purpose of bill is to change the Human Rights Law with regard to
non-discrimination in private housing such that (I) there will no longer
be an exemption from the requirement of nondiscrimination in advertise-
ments and inquiries for the rental of an apartment in an owner-occupied
two-unit dwelling, and (2) that engaging in discriminatory advertising
or inquiries will cause such property to no longer be exempt from full
coverage by the nondiscrimination provisions of the Human Rights Law.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision S of section 296 of the
Executive Law to number the paragraph following subparagraph (3) as
subparagraph (4), and to divide the provisions of said subparagraph

(4) into subparagraphs (i) and (ii), and to amend those subparagraphs.
Subparagraph (i) limits the exemption for rental of an apartment in an
owner-occupied two-unit &Veiling, such that, despite the exemption from
the other provisions of the Human Rights Law; it is ò nevertheless
unlawful to print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of applica-
tion, or to make any record or inquiry which expresses, directly or
indirectly, any limitation, specification or discrimination as to race,
creed, color, national origin, sexual orientation, military status, sex,
age, disability, marital status, or familial status, or any intent to
make any such limitation, specification or discrimination. Subparagraph
(i) is further amended to provide that violation of this statement,
advertisement or publication provision will cause the property involved
to lose its exemption and become subject to all provisions of the Human
Rights Law.  Subparagraph (ii) maintains the existing exemption from
coverage of the Human Right Law, including the exemption from the adver-
tisement and inquiry provision, for the restriction in the rental of
rooms to a single sex, for the rental of rooms in en owner-occupied
dwelling, and for restrictions with regard to age and familial status
for qualified senior housing.

Section 2 sets an immediate effective date.

 
EXISTING LAW:

The Human Rights Law currently completely exempts owner-occupied two-
unit dwellings from any coverage.

 
JUSTIFICATION:

The Human Rights Law currently completely exempts owner-occupied two-
unit dwellings from any coverage. Therefore, it is lawful under the
Human Rights Law to advertise or inquire with the express intention of
indicating that person of a particular race, creed, color, national
origin, sexual orientation, military status, sex, ago, disability, mari-
tal status, or familial status will not be accepted as a tenant. Thus,
for example, a landlord renting the second unit in their two-family
residence could post a sign in the window stating "whites only", or
could ask prospective tenants for their religious affiliation with the
intention of refusing to rent to persons of a particular creed.

The proposed legislation will make the Human Rights Law substantially
equivalent to the federal Fair Housing Act with regard to making odious
discriminatory advertising and inquiries illegal regardless of the
exemption of the property from full coverage of the law. Also, like its
federal counterpart, the Human Rights Law will now apply in full force
to otherwise exempt properties whenever the advertising and inquiry
provision is violated.

 
PRIOR LEGISLATIVE HISTORY:

This bill was introduced in the 2019-20 session as Assembly Bill No.9526
and Senate Bill No. 6157 (Departmental Bill   22; DHR  03-19). It did
not come to a vote in either house.

This bill was introduced in 2015-2016 as Assembly Bill Number 7514
(Departmental Bill  6, DliR   03-15). It passed the Assembly but did not
come to a vote in the Senate,

In 2013-2014, this bill was introduced as Assembly Bill Number 6898 and
Senate Bill Number 4401 (Departmental Bill   40, DHR   04-13). It did
not come to a vote in either house.

A similar bill was also introduced in 2011-2012 as Assembly Bill Number
9899 and Senate Bill Number 6902 (as Departmental Bill  98, DHR
03-12). It did,not come to a vote in either house.

 
BUDGET IMPLICATIONS:

None.

 
LOCAL IMPACT:

None.

 
EFFECTIVE DATE:
Immediate.

2021-S6886 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6886
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen. LIU -- (at request of the Division of Human Rights)
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government 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

 S. 6886                             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.

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