NY State Senate Bill 2023-S7923A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	print number 7923a
May 14, 2024	amend (t) and recommit to investigations and government operations
Jan 03, 2024	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2023-S7923 - Details

See Assembly Version of this Bill:: A9556
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2023-S7923 - Summary

Protects renters using a housing subsidy or voucher, or receiving public assistance from discrimination by the housing provider based on such renters' income or use of such housing subsidy, voucher or public assistance.

2023-S7923 - Sponsor Memo

                                 
BILL NUMBER: S7923

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the executive law, in relation to protections for
renters using a housing subsidy

 
PURPOSE:

To prohibit housing providers from refusing to rent to or impose differ-
ential terms on individuals receiving rental supplements from public,
private, or non-profit assistance that will be paid directly to the
housing provider

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 specifies that it is unlawful for housing providers to refuse
renting, impose differential terms or conditions, or discriminate based
on an individual's credit score or source of income when such income has
been approved by the housing subsidy or public assistance provider in
accordance with program rules and regulations.

Section 2 establishes the effective date of the bill

 
JUSTIFICATION:

In the 2019 budget, the legislature banned discrimination based on
source of income, granting tenants with housing vouchers and other
rental support options the freedom to lease apartments within their
budget. This was a significant step forward in fighting housing segre-
gation and empowering tenants to choose housing that aligns with their
lifestyle.

Despite these changes, new forms of discrimination have hindered these
laws from having their full potential impact. Property managers are
asking for income and credit checks on the full amount of rent, even
though rent is guaranteed through vouchers. Vouchers and subsidies
ensure the payment of rent, which renders these checks redundant and
unnecessary. This is a new way of extending old discrimination.

This bill serves as an extension of existing rental protections by
addressing situations where individuals use housing subsidies from
public, private, and non-profit assistance, with a focus on preventing
discrimination based on an individual's credit score or source of
income. By banning this practice, while still ensuring income checks for
any tenant share of rent, this bill gives property managers the tools
they need to ensure rent will be paid while taking away the ability to
discriminate based on source of income. This will ensure that individ-
uals qualifying for assistance are not unfairly denied housing opportu-
nities.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately

2023-S7923 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7923
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  protections  for
   renters using a housing subsidy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. (A) WHERE AN INDIVIDUAL  USES  OR  WILL  USE  A  HOUSING  SUBSIDY
 PROVIDED  BY A PUBLIC OR NON-PROFIT ENTITY OR PUBLIC ASSISTANCE THAT HAS
 BEEN ISSUED TO SUCH INDIVIDUAL AND WILL BE PAID DIRECTLY TO THE  HOUSING
 PROVIDER,  INCLUDING BUT NOT LIMITED TO A VOUCHER UNDER SECTION 8 OF THE
 UNITED STATES HOUSING ACT OF 1937 (42  U.S.C.  §  1437F),  IT  SHALL  BE
 UNLAWFUL FOR SUCH HOUSING PROVIDER:
   (I)  TO  REFUSE  TO RENT TO, OR TO IMPOSE DIFFERENTIAL TERMS OR CONDI-
 TIONS ON, SUCH INDIVIDUAL BASED UPON SUCH INDIVIDUAL'S CREDIT SCORE;
   (II) TO REFUSE TO RENT TO, OR TO IMPOSE DIFFERENTIAL TERMS  OR  CONDI-
 TIONS  ON,  SUCH  INDIVIDUAL  BASED UPON SUCH INDIVIDUAL'S INCOME IF THE
 MONTHLY RENT HAS BEEN OR WOULD BE APPROVED BY SUCH  HOUSING  SUBSIDY  OR
 PUBLIC  ASSISTANCE  PROVIDER  IN  ACCORDANCE WITH PROGRAM RULES OR REGU-
 LATIONS; OR
   (III) TO REFUSE TO RENT TO, OR TO IMPOSE DIFFERENTIAL TERMS OR  CONDI-
 TIONS  ON,  SUCH  INDIVIDUAL BASED UPON SUCH INDIVIDUAL'S INCOME IF SUCH
 INDIVIDUAL'S PORTION OF THE MONTHLY RENT WOULD BE THIRTY PERCENT OR LESS
 OF SUCH INDIVIDUAL'S MONTHLY INCOME.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "HOUSING  PROVIDER"
 SHALL MEAN THE OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF
 HOUSING  ACCOMMODATIONS OR OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
 POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH ACCOMMODATIONS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13898-01-3

2023-S7923A (ACTIVE) - Details

See Assembly Version of this Bill:: A9556
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2023-S7923A (ACTIVE) - Summary

2023-S7923A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7923A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the executive law, in relation to protections for
renters using certain housing subsidies or public assistance

 
PURPOSE:

To prohibit housing providers from refusing to rent to or impose differ-
ential terms on individuals receiving rental supplements from public,
private, or non-profit assistance that will be paid directly to the
housing provider

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 specifies that it is unlawful for housing providers to refuse
renting or discriminate based on an individual's source of income when
such income has been approved by the housing subsidy, non-profit, or
public assistance provider in accordance with program rules and regu-
lations.

Section 2 establishes the effective date of the bill

***Amendments to this version of the bill include specific language
regarding the constitution of unlawful discrimination based on a
renter's source of income

 
JUSTIFICATION:

In the 2019 budget, the legislature banned discrimination against
renters based on source of income, granting tenants with housing vouch-
ers and other rental support options the freedom to lease apartments
within their budget. This was a significant step forward in fighting
housing segregation and empowering tenants to choose housing that aligns
with their lifestyle.

Despite these changes, new forms of discrimination have hindered these
laws from having their full potential impact. Property managers are
asking for income and credit checks on the full amount of rent, even
though rent is guaranteed through vouchers. Vouchers and subsidies
ensure the payment of rent, which renders these checks redundant and
unnecessary. This is a new way of extending old discrimination.

This bill serves as an extension of existing rental protections by
addressing situations where individuals use housing subsidies from
public, private, and non-profit assistance, with a focus on preventing
discrimination based on an individual's credit score or source of
income. By banning this practice, while still ensuring income checks for
any tenant share of rent, this bill gives property managers the tools
they need to ensure rent will be paid while taking away the ability to
discriminate based on source of income. This will ensure that individ-
uals qualifying for assistance are not unfairly denied housing opportu-
nities.

 
LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

None  
EFFECTIVE DATE:
Immediately

2023-S7923A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7923--A
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  executive  law,  in relation to protections for
   renters using certain housing subsidies or public assistance

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. (A) PROHIBITED MINIMUM INCOME REQUIREMENTS FOR HOUSING SUBSIDY OR
 VOUCHER  RECIPIENTS. FOR PURPOSES OF SUBDIVISIONS TWO-A AND FIVE OF THIS
 SECTION, IT SHALL CONSTITUTE UNLAWFUL DISCRIMINATION BECAUSE  OF  LAWFUL
 SOURCE  OF INCOME TO COMMIT ANY PRACTICE PROHIBITED BY SUCH SUBDIVISIONS
 BASED UPON THE AMOUNT OF A PERSON'S INCOME WHERE  SUCH  PERSON  USES  OR
 WILL  USE  A  HOUSING SUBSIDY OR VOUCHER THAT IS PROVIDED BY A PUBLIC OR
 NON-PROFIT ENTITY THAT ISSUES RENTAL PAYMENT, WHETHER PARTIAL  OR  FULL,
 MADE  DIRECTLY  TO  THE HOUSING PROVIDER, INCLUDING BUT NOT LIMITED TO A
 VOUCHER UNDER SECTION 8 OF THE UNITED STATES HOUSING  ACT  OF  1937  (42
 U.S.C.  §  1437F),  AND  THE  MONTHLY  RENT IS WITHIN THE RENTAL PAYMENT
 LIMITS ALLOWABLE BY SUCH  HOUSING  SUBSIDY  OR  VOUCHER  PROVIDER  UNDER
 PROGRAM RULES OR REGULATIONS.
   (B)  PROHIBITED  MINIMUM  INCOME  REQUIREMENTS  FOR  PUBLIC ASSISTANCE
 RECIPIENTS.   FOR PURPOSES  OF  SUBDIVISIONS  TWO-A  AND  FIVE  OF  THIS
 SECTION,  IT  SHALL CONSTITUTE UNLAWFUL DISCRIMINATION BECAUSE OF LAWFUL
 SOURCE OF INCOME TO COMMIT ANY PRACTICE PROHIBITED BY SUCH  SUBDIVISIONS
 BASED  UPON  THE  AMOUNT  OF A PERSON'S INCOME WHERE SUCH PERSON USES OR
 WILL USE HOUSING ASSISTANCE OR PUBLIC ASSISTANCE THAT IS PROVIDED  BY  A
 PUBLIC  OR NON-PROFIT ENTITY THAT ISSUES RENTAL PAYMENT, WHETHER PARTIAL
 OR FULL, MADE DIRECTLY TO THE  HOUSING  PROVIDER  AND  THE  INDIVIDUAL'S
 PORTION  OF THE MONTHLY RENT WOULD BE ONE-THIRD OR LESS OF SUCH INDIVID-
 UAL'S MONTHLY GROSS INCOME.
   (C) "HOUSING PROVIDER" DEFINED.  FOR THE PURPOSES OF THIS SUBDIVISION,
 THE TERM "HOUSING PROVIDER" SHALL MEAN THE  OWNER,  LESSEE,  SUB-LESSEE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13898-02-4
 S. 7923--A                          2

 ASSIGNEE,  OR  MANAGING AGENT OF HOUSING ACCOMMODATIONS, OR OTHER PERSON
 HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMODATION, A  REAL
 ESTATE BROKER, A REAL ESTATE SALESPERSON, OR ANY AGENT OR EMPLOYEE THER-
 EOF.
   § 2. This act shall take effect immediately.

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Senate Bill S7923A

Sponsored By

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

Bill Amendments

2023-S7923 - Details

2023-S7923 - Summary

2023-S7923 - Sponsor Memo

2023-S7923 - Bill Text download pdf

2023-S7923A (ACTIVE) - Details

2023-S7923A (ACTIVE) - Summary

2023-S7923A (ACTIVE) - Sponsor Memo

2023-S7923A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7923A

Share this bill

Sponsored By

Rachel May

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

Bill Amendments

2023-S7923 - Details

2023-S7923 - Summary

2023-S7923 - Sponsor Memo

2023-S7923 - Bill Text download pdf

2023-S7923A (ACTIVE) - Details

2023-S7923A (ACTIVE) - Summary

2023-S7923A (ACTIVE) - Sponsor Memo

2023-S7923A (ACTIVE) - Bill Text download pdf

Comments