Bill S4401-2013

Provides that there is no exemption from the requirement of nondiscrimination in advertisements for the rental of an apartment in an owner-occupied dwelling

Provides that there is no exemption from the requirement of nondiscrimination in advertisements for the rental of an apartment in an owner-occupied two-unit dwelling or for the rental of rooms in an owner-occupied dwelling; provides that engaging in discriminatory advertising or inquiries will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the human rights law.

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 26, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4401

TITLE OF BILL: An act to amend the executive law, in relation to providing that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, and that engaging in discriminatory advertising or inquires will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law

Purpose of the Bill:

The purpose of the bill is to amend the Human Rights Law with regard to nondiscrimination in private housing, such that: (1) there will no longer be an exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, and (2) that engaging in discriminatory advertising or inquiries will cause such property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law.

Summary of Provisions:

Section 1 of the bill would amend subdivision 5 of the Executive Law 296 to:

*limit the exemption for rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, such that it would be unlawful to advertise print, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, 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 any intent to make any such limitation, specification or discrimination;

*provide that a violation of the advertisement provision would cause the property involved to lose its exemption and become subject to all provisions of the Human Rights Law; and

*maintain existing exemptions under the Human Right Law, including the exemptions from the advertisement and inquiry provisions for the rental of rooms based on sex or with regard to age and familial status for qualified senior housing.

Section 2 of the bill provides for an immediate effective date.

Prior Legislative History:

A similar bill was introduced in the 2012 legislative session.

Statement in Support:

The Human Rights Law makes it unlawful for anyone who sells, rents, or leases housing accommodations, to discriminate in the terms of such

sale or lease; or to engage in advertising which causes discrimination. Owner-occupied two-unit dwellings and owner-occupied rooming houses, however, are currently exempt from such coverage. As such, existing law allows a landlord renting an exempt property to post a sign in a window stating "whites only," or to ask prospective tenants for their religious affiliation with the intention of refusing to rent to persons of a particular creed. Such landlord could also advertise limitations in various media sources.

This bill would make the Human Rights Law substantially equivalent to the federal Fair Housing Act with regard to prohibiting discriminatory advertising and inquiries regardless of the exemption of the property from full coverage of the law. Also, like its federal counterpart, the Human Rights Law would apply to otherwise exempt properties whenever the advertising and inquiry provision is violated. This bill would not bar the rental of rooms based on sex or bar rentals based on restrictions with regard to age and familial status for qualified senior housing.

Fiscal Implications:

None to the State.

Effective Date:

This bill would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4401 2013-2014 Regular Sessions IN SENATE March 26, 2013 ___________
Introduced by Sen. YOUNG -- (at request of the Division of Human Rights) -- 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 providing that there is no exemption from the requirement of nondiscrimination in adver- tisements and inquiries for the rental of an apartment in an owner-oc- cupied two-unit dwelling, or for the rental of rooms in an owner-occu- pied dwelling, and that engaging in discriminatory advertising or inquires will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 5 of section 296 of the execu- tive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: (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 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 in the terms, conditions or privileges of the sale, rental or lease of any such housing accommo-
dation 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 fami- lial status, or any intent to make any such limitation, specification or discrimination. (4) (I) The provisions OF SUBPARAGRAPHS ONE AND TWO of this paragraph [(a)] shall not apply [(1)] (A) 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 accommodation to individuals of the same sex or (3)] OR (B) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommo- dation 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 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]. HOWEVER, SUCH RENTAL PROPERTY SHALL NO LONGER BE EXEMPT FROM THE PROVISIONS OF SUBPARAGRAPHS ONE AND TWO OF THIS PARAGRAPH IF THERE IS UNLAWFUL DISCRIMINATORY CONDUCT PURSUANT TO SUBPARAGRAPH THREE OF THIS PARAGRAPH. (II) THE PROVISIONS OF SUBPARAGRAPHS ONE, TWO AND THREE OF THIS PARA- GRAPH SHALL NOT APPLY (A) TO THE RESTRICTION OF THE RENTAL OF ALL ROOMS IN A HOUSING ACCOMMODATION TO INDIVIDUALS OF THE SAME SEX; OR (B) 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. S 2. This act shall take effect immediately.

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