Bill S2716-2013

Makes it an unlawful discriminatory practice to discriminate in the terms, conditions or privileges of housing accommodations based upon source of income

Makes it an unlawful discriminatory practice to discriminate in the terms, conditions or privileges, ownership, use, leasing, or occupancy of housing accommodations based upon the source of income.

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  • Jan 23, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S2716

TITLE OF BILL: An act to amend the executive law, in relation to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income

PURPOSE: To amend the executive law, in relation to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon the source of income.

JUSTIFICATION: It is becoming more and more difficult for low-income New Yorkers to afford decent housing for their families. As real estate prices have skyrocketed, lower-income workers have been priced out of the housing market and the demand for federal Section 8 Vouchers far outpaces supply. There is also good reason to believe that many landlords discriminate against tenants with Section 8 Vouchers.

Federal fair housing law prohibits discrimination based on race, color, national origin, religion, sex and family status, (including children under the age of 18 living with parents or legal guardians, and pregnant women) but in most states, landlords are permitted to discriminate against prospective tenants who pay with Housing Choice Vouchers. There are only twelve states that prohibit discrimination against prospective renters based upon their source of income. When source of income discrimination is prohibited, families in need are able to gain greater access to decent, affordable housing.

Research consistently shows that economically integrated communities are better able to utilize resources for better schools, social services and employment, making it easier for lower-income families to break the cycle of poverty. Families that spend less on housing are able to spend more of their income in the local economy.

PRIOR LEGISLATIVE HISTORY: 05/11/06: Referred to Governmental Operations 11/14/07: Referred to Housing 01/09/08: Referred to Housing 2010: A.5369/S.3685 Held in Investigations & Government Operations 2011: A.3812 01/27/11 - Referred to Housing S.3702 03/02/11 -Referred to Investigations and Government Operations 2012: A.3812 01/04/12 Referred to Housing S.3702 01/04/12 - Referred to Investigations and Government Operations

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2716 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "source of income anti-discrimination act". S 2. Subdivision 2 of section 291 of the executive law, as amended by chapter 196 of the laws of 2010, is amended to read as follows: 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, SOURCE OF INCOME, sex, marital status, or disability, as speci- fied in section two hundred ninety-six of this article, is hereby recog- nized as and declared to be a civil right. S 3. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "SOURCE OF INCOME", WHEN USED IN THIS ARTICLE, MEANS ANY LAWFUL SOURCE OF INCOME PAID DIRECTLY OR INDIRECTLY TO A RENTER OR BUYER OF HOUSING, INCLUDING: (A) ANY LAWFUL PROFESSION OR OCCUPATION; (B) ANY GOVERNMENT OR PRIVATE ASSISTANCE, GRANT OR LOAN PROGRAM; (C) ANY GIFT, INHERITANCE, PENSION, ANNUITY, ALIMONY, CHILD SUPPORT, OR OTHER BENEFIT OR CONSIDERATION; OR (D) ANY SALE OR PLEDGE OF REAL OR PERSONAL PROPERTY, OR INTEREST IN REAL OR PERSONAL PROPERTY.
S 4. Subdivision 9 of section 295 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its [judgement] JUDGMENT will tend to inform persons of the rights assured and remedies provided under this article, to promote good-will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability [or], marital status OR SOURCE OF INCOME. S 5. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: (a) To refuse to sell, rent or lease or otherwise to deny to or with- hold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, [or] familial status, OR SOURCE OF INCOME of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, [or] familial status, OR SOURCE OF INCOME in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (c) To cause to be made any written or oral inquiry or record concern- ing the race, creed, color, disability, national origin, sexual orien- tation, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, [or] familial status, OR SOURCE OF INCOME of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership. S 6. Subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 5. (a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disabil- ity, marital status, [or] familial status, OR SOURCE OF INCOME in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, [or] familial status, or SOURCE OF INCOME, OR any intent to make any such limitation, specification or discrimination. The provisions of this paragraph [(a)] shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommo- dation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether hous- ing 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. (b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disabil- ity, marital status, [or] familial status, OR SOURCE OF INCOME in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orien- tation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or
lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occu- pancy 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. (c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commer- cial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommo- dation, land or commercial space which expresses, directly or indirect- ly, any limitation, specification, or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, OR SOURCE OF INCOME; or any intent to make any such limitation, specification or discrimi- nation. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any housing accommodation or land to be used for the construction or location of housing accommo- dations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. 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. (d) It shall be an unlawful discriminatory practice for any real estate board, because of the race, creed, color, national origin, sexual orientation, military status, age, sex, disability, marital status, [or] familial status, OR SOURCE OF INCOME of any individual who is otherwise qualified for membership, to exclude or expel such individual from
membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (e) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, conva- lescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a "blind person" shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen [entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor"]. (f) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. (g) It shall be an unlawful discriminatory practice for any person offering or providing housing accommodations, land or commercial space as described in paragraphs (a), (b), and (c) of this subdivision to make or cause to be made any written or oral inquiry or record concerning membership of any person in the state organized militia in relation to the purchase, rental or lease of such housing accommodation, land, or commercial space, provided, however, that nothing in this subdivision shall prohibit a member of the state organized militia from voluntarily disclosing such membership. S 7. Section 296 of the executive law is amended by adding a new subdivision 22 to read as follows: 22. NOTHING IN THIS SECTION PROHIBITING DISCRIMINATION BASED UPON THE SOURCE OF INCOME SHALL BE DEEMED TO PROHIBIT ANY PERSON FROM: (A) REFUSING TO CONSIDER ANY INCOME DERIVED FROM ANY CRIMINAL ACTIV- ITY; OR (B) DETERMINING THE ABILITY OF A POTENTIAL BUYER OR RENTER TO PAY A PURCHASE PRICE OR RENT BY: (I) VERIFYING, IN A COMMERCIALLY REASONABLE MANNER, THE SOURCE AND AMOUNT OF INCOME OF A POTENTIAL BUYER OR RENTER, OR (II) EVALUATING, IN A COMMERCIALLY REASONABLE MANNER, THE STABILITY, SECURITY AND CREDIT WORTHINESS OF A POTENTIAL BUYER OR RENTER, OR OF ANY SOURCE OF INCOME OF A POTENTIAL BUYER OR RENTER. S 8. This act shall take effect on the first of July next succeeding the date upon which it shall have become a law.

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