S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10771

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M.  of  A.  CUSICK,  DESTITO,  GALEF, BENEDETTO, DUPREY,
  CASTELLI, McENENY,  KELLNER,  JAFFEE,  MAISEL,  MILLMAN,  CHRISTENSEN,
  STIRPE, JACOBS, KOON, P. LOPEZ -- Multi-Sponsored by -- M. of A. BING,
  GLICK,  GOTTFRIED,  MAGEE, MARKEY, REILLY, TOWNS -- (at request of the
  Division of Human Rights) -- read once and referred to  the  Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive  law,  in  relation  to  insuring the
  protection of individuals with disabilities under the human rights law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 1 and 2 of section 291 of the executive law,
as amended by chapter 106 of the laws of 2003, are amended  to  read  as
follows:
  1. The opportunity to obtain employment without discrimination because
of  age,  race, creed, color, national origin, sexual orientation, mili-
tary status, sex [or], marital status, OR DISABILITY, is  hereby  recog-
nized as and declared to be a civil right.
  2.  The  opportunity  to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of  housing  accommo-
dations  and  commercial  space  without  discrimination because of age,
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, sex [or], marital status, OR DISABILITY, as specified in section
two  hundred  ninety-six  of  this  article, is hereby recognized as and
declared to be a civil right.
  S 2. Subparagraph 2 of paragraph (d) of subdivision 2-a of section 296
of the executive law, as added by chapter 368 of the laws  of  1991,  is
amended to read as follows:
  (2)  To  refuse  to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations  may  be  necessary  to
afford  a  person with a disability equal opportunity to use and enjoy a
dwelling, INCLUDING REASONABLE MODIFICATION TO COMMON  USE  PORTIONS  OF
THE DWELLING, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16016-01-0

              

A. 10771                            2

  S  3.  Paragraph  2  of subdivision 18 of section 296 of the executive
law, as added by chapter 368 of the laws of 1991, is amended to read  as
follows:
  (2)  To  refuse  to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations  may  be  necessary  to
afford  said person with a disability equal opportunity to use and enjoy
a dwelling, INCLUDING REASONABLE MODIFICATION TO COMMON USE PORTIONS  OF
THE DWELLING, or
  S 4. Subdivision 13 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  13. It shall be an unlawful discriminatory practice (i) for any person
to  [discriminate  against,]  boycott  or blacklist, or to refuse to buy
from, sell to or trade  with,  OR  OTHERWISE  DISCRIMINATE  AGAINST  any
person,  because  of  the  race,  creed,  color, national origin, sexual
orientation, military status [or], sex, OR DISABILITY of such person, or
of such person's partners, members, stockholders,  directors,  officers,
managers,   superintendents,  agents,  employees,  business  associates,
suppliers or customers, or (ii) for any person wilfully to do any act or
refrain from doing any act which enables any such person  to  take  such
action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S 5. This act shall take effect immediately.