Bill Text: NY S03279 | 2025-2026 | General Assembly | Introduced

---

Bill Title: Includes correctional facilities and local correctional facilities as publicly-assisted housing accommodations for purposes of the division of human rights; defines correctional facilities and local correctional facilities.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2025-01-24 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03279 Detail]

Download: New_York-2025-S03279-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3279

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 24, 2025
                                       ___________

        Introduced  by  Sens.  BROUK,  FERNANDEZ, JACKSON, SALAZAR, SEPULVEDA --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Investigations and Government 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:

     1    Section  1.   Legislative intent and findings. Whereas recent judicial
     2  opinions have created confusion regarding  the  status  of  correctional
     3  facilities  and law enforcement agencies as subjects of the jurisdiction
     4  of the New York human rights  law,  the  legislature  hereby  finds  and
     5  declares,  for  the purposes of the human rights law and the division of
     6  human rights, the services provided  by  law  enforcement  officers  are
     7  public  accommodations,  correctional  facilities and local correctional
     8  facilities are housing accommodations,  and  law  enforcement  agencies,
     9  correctional facilities and local correctional facilities are subject to
    10  the jurisdiction of the human rights law.
    11    § 2. Subdivision 10 of section 292 of the executive law, as amended by
    12  section  1  of  part GG of chapter 56 of the laws of 2024, is amended to
    13  read as follows:
    14    10. The term "housing accommodation" includes any building, structure,
    15  or portion thereof which is used or occupied or is intended, arranged or
    16  designed to be used or occupied, as  the  home,  residence  or  sleeping
    17  place  of  one  or more human beings, including any type of correctional
    18  facility or local correctional  facility.  The  term  "housing  accommo-
    19  dation"  also  includes  any  accessory  dwelling  unit,  defined as any
    20  attached or a detached residential dwelling unit that provides  complete
    21  independent  living  facilities for one or more persons which is located
    22  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
        S. 3279                             2

     1  permanent provisions for living, sleeping, eating, cooking, and  sanita-
     2  tion on the same lot as the single-family or multi-family dwelling.
     3    §  3.  Section  292  of  the  executive law is amended by adding a new
     4  subdivision 42 to read as follows:
     5    42. The terms "correctional facility" and "local correctional  facili-
     6  ty" shall have the same meaning as such terms are defined in section two
     7  of the correction law.
     8    §  4.  Paragraph  (a) of subdivision 2 of section 296 of the executive
     9  law, as separately amended by chapters 202 and 748 of the laws of  2022,
    10  is amended to read as follows:
    11    (a)  It  shall  be an unlawful discriminatory practice for any person,
    12  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    13  employee  of any correctional facility, local correctional facility, law
    14  enforcement agency, place of public accommodation, resort or  amusement,
    15  because of the race, creed, color, national origin, citizenship or immi-
    16  gration status, sexual orientation, gender identity or expression, mili-
    17  tary  status,  sex, disability, marital status, or status as a victim of
    18  domestic violence, of any person, directly  or  indirectly,  to  refuse,
    19  withhold  from  or deny to such person any of the accommodations, advan-
    20  tages, facilities or privileges  thereof,  including  the  extension  of
    21  credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
    22  display, post or mail any written or printed  communication,  notice  or
    23  advertisement, to the effect that any of the accommodations, advantages,
    24  facilities  and  privileges of any such place shall be refused, withheld
    25  from or denied to any person on account of race, creed, color,  national
    26  origin,  citizenship  or  immigration status, sexual orientation, gender
    27  identity or expression, military  status,  sex,  disability  or  marital
    28  status,  or  that  the  patronage  or custom thereat of any person of or
    29  purporting to be of any particular race, creed, color, national  origin,
    30  citizenship  or  immigration status, sexual orientation, gender identity
    31  or expression, military status, sex or marital status, or having a disa-
    32  bility is unwelcome, objectionable or not acceptable, desired or  solic-
    33  ited.
    34    § 5. This act shall take effect immediately.