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

                                  2659

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. KATZ -- Multi-Sponsored by -- M. of A. BLANKEN-
  BUSH, FINCH, HAWLEY, LOPEZ, TENNEY -- read once and  referred  to  the
  Committee on Housing

AN  ACT to amend the real property law, in relation to prohibiting hous-
  ing discrimination against victims of domestic violence

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

  Section  1.  The  real property law is amended by adding a new section
237-b to read as follows:
  S 237-B. DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE. A.   ANY
PERSON,  FIRM  OR  CORPORATION  OWNING OR HAVING IN CHARGE ANY APARTMENT
HOUSE, TENEMENT HOUSE OR OTHER BUILDING OR MANUFACTURED HOME  PARK  USED
FOR  DWELLING  PURPOSES WHO SHALL REFUSE TO RENT ANY OR PART OF ANY SUCH
BUILDING OR MANUFACTURED HOME PARK TO  ANY  PERSON  OR  FAMILY,  OR  WHO
DISCRIMINATES  IN  THE  TERMS,  CONDITIONS,  OR  PRIVILEGES  OF ANY SUCH
RENTAL, SOLELY ON THE GROUND THAT SUCH PERSON OR FAMILY HAS BEEN  OR  IS
CURRENTLY THE VICTIM OF DOMESTIC VIOLENCE SHALL BE GUILTY OF A MISDEMEA-
NOR  AND  ON  CONVICTION THEREOF SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN FIFTY NOR MORE THAN ONE HUNDRED DOLLARS FOR EACH OFFENSE; PROVIDED,
HOWEVER, THE  PROHIBITION  AGAINST  DISCRIMINATION  AGAINST  VICTIMS  OF
DOMESTIC  VIOLENCE  IN  DWELLING  HOUSES  AND  MANUFACTURED  HOME  PARKS
CONTAINED IN THIS SECTION SHALL NOT APPLY TO:
  (1) HOUSING UNITS FOR SENIOR CITIZENS SUBSIDIZED, INSURED, OR  GUARAN-
TEED BY THE FEDERAL GOVERNMENT; OR
  (2)  ONE  OR TWO FAMILY OWNER OCCUPIED DWELLING HOUSES OR MANUFACTURED
HOMES; OR
  (3) MANUFACTURED HOME PARKS INTENDED AND  OPERATED  FOR  OCCUPANCY  BY
PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER. IN DETERMINING WHETHER HOUSING
IS  INTENDED  AND  OPERATED FOR OCCUPANCY BY PERSONS FIFTY-FIVE YEARS OF
AGE OR OLDER, SEC. 807(B)(2)(C)(42 U.S.C. 3607(B)(2)(C)) OF THE  FEDERAL
FAIR HOUSING ACT OF 1988, AS AMENDED, SHALL APPLY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04436-01-5
              

A. 2659                             2

  B. CIVIL LIABILITY:
  (1)  WHERE  DISCRIMINATORY  CONDUCT  PROHIBITED  BY  THIS  SECTION HAS
OCCURRED, AN AGGRIEVED INDIVIDUAL SHALL HAVE A CAUSE OF  ACTION  IN  ANY
COURT  OF  APPROPRIATE JURISDICTION FOR DAMAGES, DECLARATORY AND INJUNC-
TIVE RELIEF;
  (2) IN ALL ACTIONS BROUGHT UNDER THIS SECTION,  REASONABLE  ATTORNEY'S
FEES  AS  DETERMINED  BY THE COURT MAY BE AWARDED TO A PREVAILING PLAIN-
TIFF.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.