S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4319
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of A. GALLAGHER, EPSTEIN, MITAYNES, FORREST, KELLES,
   RAGA, SHRESTHA,  WEPRIN,  LEVENBERG,  HEVESI,  DAVILA,  REYES,  MEEKS,
   MAMDANI,  TAPIA, SHIMSKY -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the executive law, in relation to including correctional
   facilities and  local  correctional  facilities  as  publicly-assisted
   housing accommodations for purposes of the division of human rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative intent and findings. Whereas  recent  judicial
 opinions  have  created  confusion  regarding the status of correctional
 facilities and law enforcement agencies as subjects of the  jurisdiction
 of  the  New  York  human  rights  law, the legislature hereby finds and
 declares, for the purposes of the human rights law and the  division  of
 human  rights,  the  services  provided  by law enforcement officers are
 public accommodations, correctional facilities  and  local  correctional
 facilities  are  housing  accommodations,  and law enforcement agencies,
 correctional facilities and local correctional facilities are subject to
 the jurisdiction of the human rights law.
   § 2. Subdivision 10 of section 292 of the executive law, as amended by
 section 1 of part GG of chapter 56 of the laws of 2024,  is  amended  to
 read as follows:
   10. The term "housing accommodation" includes any building, structure,
 or portion thereof which is used or occupied or is intended, arranged or
 designed  to  be  used  or  occupied, as the home, residence or sleeping
 place of one or more human beings, INCLUDING ANY  TYPE  OF  CORRECTIONAL
 FACILITY  OR  LOCAL  CORRECTIONAL  FACILITY.  The term "housing accommo-
 dation" also includes  any  accessory  dwelling  unit,  defined  as  any
 attached  or a detached residential dwelling unit that provides complete
 independent living facilities for one or more persons which  is  located
 on a lot with a proposed or existing primary residence and shall include
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07031-01-5
              

 A. 4319                             2
 
 permanent  provisions for living, sleeping, eating, cooking, and sanita-
 tion on the same lot as the single-family or multi-family dwelling.
   §  3.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERMS "CORRECTIONAL FACILITY" AND "LOCAL CORRECTIONAL  FACILI-
 TY" SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION TWO
 OF THE CORRECTION LAW.
   §  4.  Paragraph  (a) of subdivision 2 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 any person,
 being the owner, lessee, proprietor, manager, superintendent,  agent  or
 employee  of any CORRECTIONAL FACILITY, LOCAL CORRECTIONAL FACILITY, LAW
 ENFORCEMENT AGENCY, place of public accommodation, resort or  amusement,
 because of the race, creed, color, national origin, citizenship or immi-
 gration status, sexual orientation, gender identity or expression, mili-
 tary  status,  sex, disability, marital status, or status as a victim of
 domestic violence, of any person, directly  or  indirectly,  to  refuse,
 withhold  from  or deny to such person any of the accommodations, advan-
 tages, facilities or privileges  thereof,  including  the  extension  of
 credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
 display, post or mail any written or printed  communication,  notice  or
 advertisement, to the effect that any of the accommodations, advantages,
 facilities  and  privileges of any such place shall be refused, withheld
 from or denied to any person on account of race, creed, color,  national
 origin,  citizenship  or  immigration status, sexual orientation, gender
 identity or expression, military  status,  sex,  disability  or  marital
 status,  or  that  the  patronage  or custom thereat of any person of or
 purporting to be of any particular race, creed, color, national  origin,
 citizenship  or  immigration status, sexual orientation, gender identity
 or expression, military status, sex or marital status, or having a disa-
 bility is unwelcome, objectionable or not acceptable, desired or  solic-
 ited.
   § 5. This act shall take effect immediately.