Bill Text: NY A06354 | 2015-2016 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits discrimination in housing based upon domestic violence status and establishes a task force to study the impact of source of income on access to housing.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2015-06-19 - substituted by s5 [A06354 Detail]
Download: New_York-2015-A06354-Amended.html
Bill Title: Prohibits discrimination in housing based upon domestic violence status and establishes a task force to study the impact of source of income on access to housing.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2015-06-19 - substituted by s5 [A06354 Detail]
Download: New_York-2015-A06354-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6354--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 20, 2015
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law and to amend the real property actions
and proceedings law, in relation to preventing housing discrimination
against victims of domestic violence; and to repeal certain provisions
of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 34 of section 292 of the executive law is
2 REPEALED and a new subdivision 34 is added to read as follows:
3 34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING
4 AS IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
5 SOCIAL SERVICES LAW.
6 S 2. Paragraph (a) of subdivision 2 of section 296 of the executive
7 law, as amended by chapter 106 of the laws of 2003, is amended to read
8 as follows:
9 (a) It shall be an unlawful discriminatory practice for any person,
10 being the owner, lessee, proprietor, manager, superintendent, agent or
11 employee of any place of public accommodation, resort or amusement,
12 because of the race, creed, color, national origin, sexual orientation,
13 military status, sex, [or] disability [or], marital status, OR STATUS AS
14 A VICTIM OF DOMESTIC VIOLENCE of any person, directly or indirectly, to
15 refuse, withhold from or deny to such person any of the accommodations,
16 advantages, facilities or privileges thereof, including the extension of
17 credit, or, directly or indirectly, to publish, circulate, issue,
18 display, post or mail any written or printed communication, notice or
19 advertisement, to the effect that any of the accommodations, advantages,
20 facilities and privileges of any such place shall be refused, withheld
21 from or denied to any person on account of race, creed, color, national
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09563-02-5
A. 6354--A 2
1 origin, sexual orientation, military status, sex, [or] disability [or],
2 marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that the
3 patronage or custom thereat of any person of or purporting to be of any
4 particular race, creed, color, national origin, sexual orientation,
5 military status, sex [or], marital status, OR STATUS AS A VICTIM OF
6 DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or
7 not acceptable, desired or solicited.
8 S 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
9 296 of the executive law, paragraphs (a), (b) and (c) as amended and
10 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
11 to read as follows:
12 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
13 hold from any person or group of persons such housing accommodations
14 because of the race, creed, color, disability, national origin, sexual
15 orientation, military status, age, sex, marital status, [or] familial
16 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or
17 persons, or to represent that any housing accommodation or land is not
18 available for inspection, sale, rental or lease when in fact it is so
19 available.
20 (b) To discriminate against any person because of his or her race,
21 creed, color, disability, national origin, sexual orientation, military
22 status, age, sex, marital status, [or] familial status, OR STATUS AS A
23 VICTIM OF DOMESTIC VIOLENCE in the terms, conditions or privileges of
24 any publicly-assisted housing accommodations or in the furnishing of
25 facilities or services in connection therewith.
26 (c) To cause to be made any written or oral inquiry or record concern-
27 ing the race, creed, color, disability, national origin, sexual orien-
28 tation, membership in the reserve armed forces of the United States or
29 in the organized militia of the state, age, sex, marital status, [or]
30 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of a person
31 seeking to rent or lease any publicly-assisted housing accommodation;
32 provided, however, that nothing in this subdivision shall prohibit a
33 member of the reserve armed forces of the United States or in the organ-
34 ized militia of the state from voluntarily disclosing such membership.
35 (c-1) To print or circulate or cause to be printed or circulated any
36 statement, advertisement or publication, or to use any form of applica-
37 tion for the purchase, rental or lease of such housing accommodation or
38 to make any record or inquiry in connection with the prospective
39 purchase, rental or lease of such a housing accommodation which
40 expresses, directly or indirectly, any limitation, specification or
41 discrimination as to race, creed, color, national origin, sexual orien-
42 tation, military status, sex, age, disability, marital status, [or]
43 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any
44 intent to make any such limitation, specification or discrimination.
45 S 4. Subdivisions 3-b and 4 of section 296 of the executive law, as
46 amended by chapter 106 of the laws of 2003, are amended to read as
47 follows:
48 3-b. It shall be an unlawful discriminatory practice for any real
49 estate broker, real estate salesperson or employee or agent thereof or
50 any other individual, corporation, partnership or organization for the
51 purpose of inducing a real estate transaction from which any such person
52 or any of its stockholders or members may benefit financially, to repre-
53 sent that a change has occurred or will or may occur in the composition
54 with respect to race, creed, color, national origin, sexual orientation,
55 military status, sex, disability, marital status, [or] familial status,
56 OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of the owners or occupants in
A. 6354--A 3
1 the block, neighborhood or area in which the real property is located,
2 and to represent, directly or indirectly, that this change will or may
3 result in undesirable consequences in the block, neighborhood or area in
4 which the real property is located, including but not limited to the
5 lowering of property values, an increase in criminal or anti-social
6 behavior, or a decline in the quality of schools or other facilities.
7 4. It shall be an unlawful discriminatory practice for an education
8 corporation or association which holds itself out to the public to be
9 non-sectarian and exempt from taxation pursuant to the provisions of
10 article four of the real property tax law to deny the use of its facili-
11 ties to any person otherwise qualified, or to permit the harassment of
12 any student or applicant, by reason of his race, color, religion, disa-
13 bility, national origin, sexual orientation, military status, sex, age
14 [or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
15 that any such institution which establishes or maintains a policy of
16 educating persons of one sex exclusively may admit students of only one
17 sex.
18 S 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
19 of the executive law, as amended by chapter 106 of the laws of 2003, are
20 amended to read as follows:
21 (a) It shall be an unlawful discriminatory practice for the owner,
22 lessee, sub-lessee, assignee, or managing agent of, or other person
23 having the right to sell, rent or lease a housing accommodation,
24 constructed or to be constructed, or any agent or employee thereof:
25 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
26 from any person or group of persons such a housing accommodation because
27 of the race, creed, color, national origin, sexual orientation, military
28 status, sex, age, disability, marital status, [or] familial status, OR
29 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
30 represent that any housing accommodation or land is not available for
31 inspection, sale, rental or lease when in fact it is so available.
32 (2) To discriminate against any person because of race, creed, color,
33 national origin, sexual orientation, military status, sex, age, disabil-
34 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF
35 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale,
36 rental or lease of any such housing accommodation or in the furnishing
37 of facilities or services in connection therewith.
38 (3) To print or circulate or cause to be printed or circulated any
39 statement, advertisement or publication, or to use any form of applica-
40 tion for the purchase, rental or lease of such housing accommodation or
41 to make any record or inquiry in connection with the prospective
42 purchase, rental or lease of such a housing accommodation which
43 expresses, directly or indirectly, any limitation, specification or
44 discrimination as to race, creed, color, national origin, sexual orien-
45 tation, military status, sex, age, disability, marital status, [or]
46 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any
47 intent to make any such limitation, specification or discrimination.
48 The provisions of this paragraph [(a)] shall not apply (1) to the
49 rental of a housing accommodation in a building which contains housing
50 accommodations for not more than two families living independently of
51 each other, if the owner resides in one of such housing accommodations,
52 (2) to the restriction of the rental of all rooms in a housing accommo-
53 dation to individuals of the same sex or (3) to the rental of a room or
54 rooms in a housing accommodation, if such rental is by the occupant of
55 the housing accommodation or by the owner of the housing accommodation
56 and the owner resides in such housing accommodation or (4) solely with
A. 6354--A 4
1 respect to age and familial status to the restriction of the sale,
2 rental or lease of housing accommodations exclusively to persons sixty-
3 two years of age or older and the spouse of any such person, or for
4 housing intended and operated for occupancy by at least one person
5 fifty-five years of age or older per unit. In determining whether hous-
6 ing is intended and operated for occupancy by persons fifty-five years
7 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
8 federal Fair Housing Act of 1988, as amended, shall apply.
9 (b) It shall be an unlawful discriminatory practice for the owner,
10 lessee, sub-lessee, or managing agent of, or other person having the
11 right of ownership or possession of or the right to sell, rent or lease,
12 land or commercial space:
13 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
14 from any person or group of persons land or commercial space because of
15 the race, creed, color, national origin, sexual orientation, military
16 status, sex, age, disability, marital status, [or] familial status, OR
17 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
18 represent that any housing accommodation or land is not available for
19 inspection, sale, rental or lease when in fact it is so available;
20 (2) To discriminate against any person because of race, creed, color,
21 national origin, sexual orientation, military status, sex, age, disabil-
22 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF
23 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale,
24 rental or lease of any such land or commercial space; or in the furnish-
25 ing of facilities or services in connection therewith;
26 (3) To print or circulate or cause to be printed or circulated any
27 statement, advertisement or publication, or to use any form of applica-
28 tion for the purchase, rental or lease of such land or commercial space
29 or to make any record or inquiry in connection with the prospective
30 purchase, rental or lease of such land or commercial space which
31 expresses, directly or indirectly, any limitation, specification or
32 discrimination as to race, creed, color, national origin, sexual orien-
33 tation, military status, sex, age, disability, marital status, [or]
34 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; or any
35 intent to make any such limitation, specification or discrimination.
36 (4) With respect to age and familial status, the provisions of this
37 paragraph shall not apply to the restriction of the sale, rental or
38 lease of land or commercial space exclusively to persons fifty-five
39 years of age or older and the spouse of any such person, or to the
40 restriction of the sale, rental or lease of land to be used for the
41 construction, or location of housing accommodations exclusively for
42 persons sixty-two years of age or older, or intended and operated for
43 occupancy by at least one person fifty-five years of age or older per
44 unit. In determining whether housing is intended and operated for occu-
45 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
46 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
47 amended, shall apply.
48 (c) It shall be an unlawful discriminatory practice for any real
49 estate broker, real estate salesperson or employee or agent thereof:
50 (1) To refuse to sell, rent or lease any housing accommodation, land
51 or commercial space to any person or group of persons or to refuse to
52 negotiate for the sale, rental or lease, of any housing accommodation,
53 land or commercial space to any person or group of persons because of
54 the race, creed, color, national origin, sexual orientation, military
55 status, sex, age, disability, marital status, [or] familial status, OR
56 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
A. 6354--A 5
1 represent that any housing accommodation, land or commercial space is
2 not available for inspection, sale, rental or lease when in fact it is
3 so available, or otherwise to deny or withhold any housing accommo-
4 dation, land or commercial space or any facilities of any housing accom-
5 modation, land or commercial space from any person or group of persons
6 because of the race, creed, color, national origin, sexual orientation,
7 military status, sex, age, disability, marital status, [or] familial
8 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or
9 persons.
10 (2) To print or circulate or cause to be printed or circulated any
11 statement, advertisement or publication, or to use any form of applica-
12 tion for the purchase, rental or lease of any housing accommodation,
13 land or commercial space or to make any record or inquiry in connection
14 with the prospective purchase, rental or lease of any housing accommo-
15 dation, land or commercial space which expresses, directly or indirect-
16 ly, any limitation, specification, or discrimination as to race, creed,
17 color, national origin, sexual orientation, military status, sex, age,
18 disability, marital status, [or] familial status, OR STATUS AS A VICTIM
19 OF DOMESTIC VIOLENCE; or any intent to make any such limitation, spec-
20 ification or discrimination.
21 (3) With respect to age and familial status, the provisions of this
22 paragraph shall not apply to the restriction of the sale, rental or
23 lease of any land or commercial space exclusively to persons fifty-five
24 years of age or older and the spouse of any such person, or to the
25 restriction of the sale, rental or lease of any housing accommodation or
26 land to be used for the construction or location of housing accommo-
27 dations for persons sixty-two years of age or older, or intended and
28 operated for occupancy by at least one person fifty-five years of age or
29 older per unit. In determining whether housing is intended and operated
30 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
31 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
32 1988, as amended, shall apply.
33 (d) It shall be an unlawful discriminatory practice for any real
34 estate board, because of the race, creed, color, national origin, sexual
35 orientation, military status, age, sex, disability, marital status, [or]
36 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi-
37 vidual who is otherwise qualified for membership, to exclude or expel
38 such individual from membership, or to discriminate against such indi-
39 vidual in the terms, conditions and privileges of membership in such
40 board.
41 S 6. Section 296 of the executive law is amended by adding a new
42 subdivision 22 to read as follows:
43 22. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN
44 OWNER, LESSEE, SUBLESSEE, ASSIGNEE OR MANAGING AGENT OF ANY HOUSING
45 ACCOMMODATION, PUBLIC OR PRIVATE, OR OTHER PERSON HAVING THE RIGHT OF
46 OWNERSHIP OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN ACCOM-
47 MODATION, FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING INFORMATION
48 ABOUT AN INDIVIDUAL'S DOMESTIC VIOLENCE VICTIM STATUS SOLELY FOR THE
49 PURPOSE OF:
50 (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING
51 FOR THAT VICTIM OF DOMESTIC VIOLENCE;
52 (B) PROVIDING ANY OTHER ASSISTANCE TO A VICTIM OF DOMESTIC VIOLENCE,
53 THE PURPOSE OF WHICH IS TO ASSIST RATHER THAN TO HINDER OBTAINING OR
54 RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
55 (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR
56 LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
A. 6354--A 6
1 S 7. The real property actions and proceedings law is amended by
2 adding a new section 744 to read as follows:
3 S 744. EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
4 1. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING AS
5 IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
6 SOCIAL SERVICES LAW.
7 2. PURSUANT TO THIS ARTICLE, IT SHALL BE UNLAWFUL TO RECOVER
8 POSSESSION, OR ATTEMPT TO RECOVER POSSESSION, OF A DWELLING FROM A
9 TENANT BECAUSE OF SUCH TENANT'S OR LEGAL OCCUPANT'S STATUS AS A VICTIM
10 OF DOMESTIC VIOLENCE. IT SHALL BE A DEFENSE TO A PROCEEDING TO RECOVER
11 POSSESSION OF A DWELLING THAT A LANDLORD SEEKS SUCH RECOVERY BECAUSE OF
12 A TENANT'S OR LEGAL OCCUPANT'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE,
13 AND THAT, BUT FOR SUCH STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER
14 POSSESSION.
15 3. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHT TO
16 RECOVER POSSESSION OF A DWELLING ON A GROUND OTHER THAN BASED ON OR
17 DERIVED FROM A TENANT'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE.
18 4. THIS SECTION SHALL NOT APPLY TO BUILDINGS USED FOR DWELLING
19 PURPOSES THAT ARE OWNER OCCUPIED AND HAVE TWO OR FEWER RESIDENTIAL
20 UNITS.
21 S 8. This act shall take effect on the ninetieth day after it shall
22 have become a law.
