NY State Senate Bill 2023-S3251

Current 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 03, 2024	referred to investigations and government operations
Jan 30, 2023	referred to investigations and government operations

co-Sponsors

2023-S3251 (ACTIVE) - Details

See Assembly Version of this Bill:: A4959
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L

2023-S3251 (ACTIVE) - Summary

Establishes the housing for an equitable reentry and opportunity (HERO) act to prohibit housing discrimination on the basis of criminal legal system involvement; defines criminal legal system involvement.

2023-S3251 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3251

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting housing
discrimination based on criminal legal system involvement

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to end housing discrimination on the basis of prior
criminal legal system involvement, by adding this as an additional
protected class. under the NYS Human Rights Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - This act shall be known as the "housing for an equitable
reentry and opportunity (HERO) act."

Section 2 - Amends section 292 of the executive law by adding a new
subdivision 42 which defines the term "criminal legal system involve-
ment" broadly to include conviction, arrest, charge, citation, partic-

ipation in a diversion program, and record of an offense that has been
sealed, expunged, vacated, or pardoned, and youthful offender adjudi-
cations or juvenile delinquency determinations.

Section 3 - Amends subdivision 2-a of section 296 of the executive law
to include "criminal legal system involvement" as a protected class in
regard to housing.

Section 4 - Amends paragraph (a) of subdivision 5 of section 296 of the
executive law to add "criminal legal system involvement" as a protected
class in regard to housing.

Section 5 - Severability clause.

Section 6 - Effective date of 180th day after this bill shall have
become law.

 
JUSTIFICATION:

This bill will add criminal legal system involvement as a protected
characteristic under New York State's human rights law, protecting indi-
viduals from widespread housing discrimination. The intent of this
legislation is to create equitable and safe housing opportunities for
New Yorkers.

Housing insecurity impacts millions of households in numerous ways,
ranging from homelessness, unaffordability, substandard conditions,(1)
increased stress, and mental and physical health problems.(2) Access to
housing is a crucial part of successful reentry, yet New Yorkers exiting
detention facilities and individuals who have interacted with the crimi-
nal legal system face significant barriers to accessing housing and are
more likely to experience homelessness or unsafe housing situations.(3)

Discrimination based on criminal legal involvement is often used as an
alternative method or pretext to reject housing applicants based on race
and national origin, given that the criminal legal system disproportion-
ately impacts people of color. In New York State, Black people consti-
tute 15 percent of the state's residents but makeup 43 percent of the
jail population and 48 percent of the prison population.(4) People exit-
ing incarceration are 10 times more likely to experience homelessness,
and this is particularly true for women and people of color.(5) Black
and Latina women are particularly likely to be single heads of house-
holds and, as single heads of households, are more likely to experience
poverty.(6) Without a place to live, parents or caretakers often
encounter difficulty finding employment which harms their children's
educational prospects.(7) Compounding these effects with housing
discrimination based on criminal and legal history harms people of
color, children, families, and communities. Adding criminal legal system
involvement as a protected characteristic will give New York residents
who served their time access to fair and safer housing.

Research has shown the ample benefits of maintaining housing security.
A reliable and secure home is the cornerstone of economic well-being,
educational growth,preserving good health,(8) and reducing recidiv-
ism.(9) This legislation will support individuals and their families so
that they are able to attain a stable home, reintegrate into society,
and prevent homelessness and reincarceration. This will ultimately
result in cost savings for state and local governments which can be used
to fund vital programs across out state.(10)

"Criminal history is not a good predictor of housing success. A study of
housing outcomes among tenants participating in an intervention based on
the Housing First model found that the performance of tenants with a
criminal history was similar to that of participants without a criminal
history."(11)

The denial or exclusion of housing choices due to a person's criminal
record will not provide a chance at living a healthy, productive life-
style. People with records must live somewhere. Denying housing to
people with criminal records makes expectations of recidivism a self-
fulfilling prophecy and makes everyone less safe. Having a home keeps
people on the right path.(12) New York State has made clear its commit-
ment to ensuring formerly incarcerated individuals have access to public
housing by enacting Chapter 750 of 2022 (56895A/A7053A).  Further, the
passage of this legislation will continue to reaffirm the state's
commitment to Affirmatively Furthering Fair Housing as enacted by Chap-
ter 690 of 2021 (S.1353-A/A.5428-A) by ensuring greater fair housing
protections.

 
RACIAL JUSTICE IMPACT:

Discrimination based on criminal legal involvement is often used as an
alternative method to reject housing applicants based on race and
national origin, given that the criminal legal system disproportionately
impacts people of color. In New York State, Black people constitute 15
percent of the state's residents but makeup 43 percent of the jail popu-
lation and 48 percent of the prison population. This legislation will
reduce this disproportionate impact by expanding access to housing for
those with a history of criminal legal system involvement.

 
GENDER JUSTICE IMPACT:

Black and Latina women are particularly likely to be single heads of
households and, as single heads of households, are more likely to expe-
rience poverty. Without a place to live, parents or caretakers often
encounter difficulty finding employment which harms their children's
educational prospects. In addition, data compiled by the Vera Institute
of Justice shows that 16 percent of trans-identified adults have been
incarcerated, compared to 2.7 percent of cisgender adults.(13) Compound-
ing these effects with housing discrimination based on criminal and
legal history harms people of color, children, families, and communi-
ties. Adding criminal legal system involvement as a protected character-
istic will give New York residents who served their time access to fair
and safer housing.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
(1) 
HOUSING AS A SAFETY NET (URBAN.ORG)
(2)  
LINKING HOUSING AND HEALTH CARE WORKS FOR CHRONICALLY HOMELESS
PERSONS / HUD USER
(3) Housing Up (August 2022), THE UNDENIABLE LINK BETWEEN INCARCERATION
& HOMELESSNESS. Urban Institute (2022), Five Charts That Explain the
Homelessness-Jail Cycle-and How to Break It.
(4) Institute (May 11, 2017), The Vera Institute of Justice, "Incarcera-
tion Trends in New York"
(5) Lucius Couloute, Nowhere to go: Homelessness among formerly incar-
cerated people, Prison Policy Initiative (Aug. 1, 2018).
(6) Sarah Damaske, Jennifer L. Bratter & Adrianne Frech, Single Mother
Families and Employment, Race, and Poverty in Changing Economic Times,
Soc. Sci. Res. (Feb. 2018); see also Valerie Wilson, African American
women stand out as working moms play a larger economic role in families,
Economic Policy
(7) Cunningham, Mary K., and Graham MacDonald. 2012. "Housing as a Plat-
form for Improving Education Outcomes among Low-Income Children."  Wash-
ington, DC: Urban Institute
(8)  
PROMOTING MENTAL HEALTH THROUGH HOUSING STABILITY / HUD USER
(9) Richard P. Seiter & Karen R. Kadela, Prisoner Reentry: What Works,
What Does Not, and What Is Promising, Crime & Delinquency (Jul. 1,
2003).
(10) For instance, the cost for New York City to incarcerate a person
for one (1) year was $556,539 in 2021, according to a Dec. 6, 2021 press
release by the New York City Comptroller.
(11)  
TENANT SCREENING. WITH CRIMINAL BACKGROUND CHECKS: PREDICTIONS AND
PERCEPTIONS ARC NOT CAUSALITY
(12)  
LIMITS OF RECIDIVISM, P. 86
(13(https://www.vera.orginews/gender-and-justice-in-america/
transgender-people-at-higher-risk-for-justicesystem-involvement

2023-S3251 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3251
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  prohibiting  housing
   discrimination based on criminal legal system involvement

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "housing
 for an equitable reentry and opportunity (HERO) act".
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "CRIMINAL LEGAL SYSTEM INVOLVEMENT" SHALL  MEAN  INFORMA-
 TION  REGARDING  AN INDIVIDUAL'S CONVICTION, ARREST, CHARGE, OR CITATION
 FOR AN OFFENSE, PARTICIPATION IN A DIVERSION  OR  DEFERRAL  OF  JUDGMENT
 PROGRAM,  RECORD  OF AN OFFENSE THAT HAS BEEN SEALED, EXPUNGED, VACATED,
 OR PARDONED, A YOUTHFUL OFFENDER ADJUDICATION, OR A JUVENILE DELINQUENCY
 DETERMINATION.
   § 3. Paragraphs (a), (b), (c), and (c-1) of subdivision 2-a of section
 296 of the executive law, as separately amended by chapters 202 and  748
 of the laws of 2022, 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, citizen-
 ship  or  immigration  status,  sexual  orientation,  gender identity or
 expression, military status, age,  sex,  marital  status,  status  as  a
 victim  of  domestic  violence,  lawful source of income, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT 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, citizenship or immigration
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02250-02-3

 S. 3251                             2
 
 status, sexual orientation,  gender  identity  or  expression,  military
 status,  age,  sex,  marital  status,  status  as  a  victim of domestic
 violence, lawful source of income, CRIMINAL LEGAL SYSTEM INVOLVEMENT  or
 familial  status 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, citizenship or
 immigration status, sexual orientation, 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,  status  as  a
 victim  of  domestic  violence,  lawful source of income, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT or familial status 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.
   (c-1) 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, citizenship or
 immigration status, sexual orientation, gender identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, status as a
 victim of domestic violence, lawful source  of  income,  CRIMINAL  LEGAL
 SYSTEM  INVOLVEMENT  or  familial status, or any intent to make any such
 limitation, specification or discrimination.
   § 4. Paragraph (a) of subdivision 5 of section 296  of  the  executive
 law,  as separately amended by chapters 202 and 748 of the laws of 2022,
 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, citizenship or immigration
 status, sexual orientation,  gender  identity  or  expression,  military
 status,  sex,  age,  disability,  marital  status, status as a victim of
 domestic violence,  lawful  source  of  income,  CRIMINAL  LEGAL  SYSTEM
 INVOLVEMENT  or  familial status of such person or persons, or to repre-
 sent 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, citizenship or immigration status, sexual  orientation,
 gender  identity  or  expression, military status, sex, age, disability,
 marital status, status as a victim of domestic violence,  lawful  source
 of  income,  CRIMINAL LEGAL SYSTEM INVOLVEMENT 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
 S. 3251                             3
 
 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, citizenship or
 immigration  status,  sexual orientation, gender identity or expression,
 military status, sex, age,  disability,  marital  status,  status  as  a
 victim  of  domestic  violence,  lawful source of income, CRIMINAL LEGAL
 SYSTEM INVOLVEMENT 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
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing 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.
   § 5. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S3251

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S3251 (ACTIVE) - Details

2023-S3251 (ACTIVE) - Summary

2023-S3251 (ACTIVE) - Sponsor Memo

2023-S3251 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3251

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Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Cordell Cleare

Nathalia Fernandez

Kristen Gonzalez

Zellnor Myrie

2023-S3251 (ACTIVE) - Details

2023-S3251 (ACTIVE) - Summary

2023-S3251 (ACTIVE) - Sponsor Memo

2023-S3251 (ACTIVE) - Bill Text download pdf

Comments