BILL NUMBER: S3279

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the executive law, in relation to including correctional
facilities and local correctional facilities as publicly-assisted hous-
ing accommodations for purposes of the division of human rights

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds correctional facilities and law enforcement agencies to
the jurisdiction of the human rights law.

 
SUMMARY OF PROVISIONS:

Section 1 is the legislative intent and findings.

Section 2 amends section 292 of the Executive Law to add correctional
facilities to the definition of housing accommodations.

Section 3 amends section 292 of the Executive Law by adding a new subdi-
              

vision, which defines correctional facilities by incorporating the defi-
nition used in the correction law.

Section 4 amends section 296 of the Executive Law to add correctional
facilities and law enforcement agencies to the list of institutions
prohibited from discriminatory practices pursuant to the human rights
law.

Section 5 is the effective date.

 
JUSTIFICATION:

New York's human rights law is a landmark piece of legislation that
includes sweeping protections for a variety of protected classes in
contexts extending from housing and employment to the provision of cred-
it and public services. In many instances, New York's human rights law
is stronger than the federal civil rights law and most state equiv-
alents. Unfortunately, recent judicial opinions have created confusion
about whether jails and other types of detention centers are "housing
accommodations" for the purposes of the law, despite the broad defi-
nition of a housing accommodation. Similarly, judicial opinions have
created confusion regarding the status of police and their services as
"public accommodations" for the purposes of the law.

A recent case in Upstate New York - LeTray v New York State Div. of
Human Rights demonstrates why the state Division of Human Rights must
have jurisdiction to investigate abuse and discrimination complaints
against New York police departments and corrections agencies. DeAnna
LeTray, a transgender woman and resident of Watertown, filed a complaint
with the state Division of Human Rights over abuse and discrimination
she experienced from the Watertown City Police Department and the
Jefferson County Sheriffs Office. In 2020, the Supreme Court Of The
State Of New York, Appellate Division, rejected the complaint on the
grounds that there is no jurisdiction to investigate because police and
corrections agencies are not "public accommodations."


This legislation would give the Division of Human Rights both the power
and the obligation to investigate discrimination complaints against
local police and corrections agencies moving forward, an increasingly
important clarification that New York State must adopt because we know
that homophobic, biphobic and transphobic attitudes remain deeply embed-
ded in many communities. We have seen a rise nationwide in incidents of
abuse and discrimination against members of the LGBTQ+ community and a
record number of discriminatory anti-trans bills making their way
through other state legislatures.

Correctional facilities and law enforcement agencies are both publicly-
funded institutions with wide and far-reaching public impacts. Few types
of institutions interface more with the public at large than law
enforcement and correctional facilities. Every public institution should
be expected to uphold New York's human rights law in the absence of a
specific exemption, most especially those institutions that are partic-
ularly at risk of infringing upon New Yorkers' fundamental rights and
which routinely interact with the vulnerable New Yorkers.

In order to guarantee that police and correctional agencies respect New
Yorkers' human rights and do not discriminate in racist or gender-based
ways, this bill clarifies that they are subjects of the human rights
law.

As a corollary impact of affirming the jurisdiction of the human rights
law over law enforcement and correctional facilities, individuals who
are incarcerated or who face discriminatory actions by police will be
able to seek vindications of their rights by filing administrative
complaints with the Division of Human Rights. The Division of Human
Rights is empowered to independently investigate complaints, make find-
ings, issue orders, and award damages. This affirms the existence of
another avenue to seek justice from discrimination or abuse while incar-
cerated, complementing existing grievance processes or complaint review
boards, which may be lengthy or insufficiently able to provide relief.

The ability to seek accountability through the Division of Human Rights
may alleviate the burden on the court system, which is the ultimate
source for most complaints related to discriminatory treatment by jails
or police and is prohibitively expensive for most poor litigants.

 
LEGISLATIVE HISTORY:

2023-24: S6611 Referred to Investigations and Government Operations.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.