S T A T E   O F   N E W   Y O R K
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                                    5

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by Sens. ROBACH, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the real property law and the real property actions  and
  proceedings  law, in relation to prohibiting discrimination in housing
  based upon domestic violence status and establishing a task  force  to
  study the impact of source of income on access to housing

  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
227-d to read as follows:
  S 227-D. DISCRIMINATION BASED ON DOMESTIC VIOLENCE STATUS; PROHIBITED.
1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, A PERSON IS A "DOMES-
TIC VIOLENCE VICTIM" AND POSSESSES "DOMESTIC VIOLENCE VICTIM STATUS"  IF
SUCH  PERSON IS OR HAS BEEN, OR IS A PARENT ACCOMPANIED BY A MINOR CHILD
OR CHILDREN WHO IS OR HAS BEEN, IN A SITUATION IN WHICH SUCH  PERSON  OR
CHILD  IS  A  VICTIM  OF  AN  ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
OFFENSE AS ENUMERATED IN SECTION 70.02 OF THE PENAL  LAW,  OR  A  FAMILY
OFFENSE AS ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE
OF  THE FAMILY COURT ACT, AND SUCH ACT IS ALLEGED TO HAVE BEEN COMMITTED
BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED  IN  SUBDIVISION
ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
  2. DISCRIMINATION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
(A)  NO PERSON, FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED
FOR DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
SHALL, BECAUSE OF SUCH PERSON'S OR  FAMILY  MEMBER'S  DOMESTIC  VIOLENCE
VICTIM  STATUS,  (1)  REFUSE TO RENT A RESIDENTIAL UNIT TO ANY PERSON OR
FAMILY, WHEN, BUT FOR SUCH STATUS, RENTAL WOULD NOT HAVE  BEEN  REFUSED,
(2)  DISCRIMINATE  IN  THE  TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
RENTAL, WHEN, BUT FOR SUCH STATUS, SUCH DISCRIMINATION  WOULD  NOT  HAVE
OCCURRED,  OR  (3)  PRINT OR CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCU-
LATED, ANY STATEMENT,  ADVERTISEMENT  OR  PUBLICATION  WHICH  EXPRESSES,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07118-01-5
              

S. 5                                2

DIRECTLY  OR  INDIRECTLY,  ANY  LIMITATION,  SPECIFICATION, OR DISCRIMI-
NATION. A VIOLATION OF THIS SUBDIVISION SHALL BE A MISDEMEANOR  AND,  ON
CONVICTION  THEREOF,  SHALL  BE  PUNISHED BY A FINE OF NOT LESS THAN ONE
THOUSAND  DOLLARS  AND  NOT  MORE  THAN  TWO  THOUSAND  DOLLARS FOR EACH
OFFENSE; PROVIDED, HOWEVER, THAT IT SHALL BE A DEFENSE THAT SUCH PERSON,
FIRM, CORPORATION OR AGENT REFUSED TO RENT A  RESIDENTIAL  UNIT  ON  ANY
OTHER LAWFUL GROUND.
  (B)  (1)  WHERE  DISCRIMINATORY CONDUCT PROHIBITED BY THIS SUBDIVISION
HAS OCCURRED, SUCH PERSON OR FAMILY SHALL HAVE A CAUSE OF ACTION IN  ANY
COURT OF APPROPRIATE JURISDICTION FOR COMPENSATORY AND PUNITIVE DAMAGES,
WITH  SUCH  PUNITIVE DAMAGES NOT EXCEEDING TWO THOUSAND DOLLARS FOR EACH
OFFENSE, AND DECLARATORY AND INJUNCTIVE RELIEF; AND (2) IN  ALL  ACTIONS
BROUGHT  UNDER THIS SECTION, REASONABLE ATTORNEYS' FEES AS DETERMINED BY
THE COURT MAY BE AWARDED TO A PREVAILING PARTY, PROVIDED, HOWEVER,  THAT
A  PREVAILING  DEFENDANT  IN ORDER TO RECOVER SUCH REASONABLE ATTORNEYS'
FEES MUST MAKE A MOTION REQUESTING SUCH FEES AND SHOW THAT THE ACTION OR
PROCEEDING BROUGHT WAS  FRIVOLOUS.  IN  ORDER  TO  FIND  THE  ACTION  OR
PROCEEDING  TO  BE  FRIVOLOUS,  THE  COURT  MUST FIND ONE OR MORE OF THE
FOLLOWING: (I) THE ACTION WAS COMMENCED, USED OR CONTINUED IN BAD FAITH,
SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO HARASS
OR MALICIOUSLY INJURE ANOTHER; OR  (II)  THE  ACTION  WAS  COMMENCED  OR
CONTINUED  IN  BAD  FAITH  WITHOUT ANY REASONABLE BASIS AND COULD NOT BE
SUPPORTED BY A GOOD FAITH ARGUMENT FOR  AN  EXTENSION,  MODIFICATION  OR
REVERSAL  OF  EXISTING  LAW.  IF  THE  ACTION OR PROCEEDING WAS PROMPTLY
DISCONTINUED WHEN THE PARTY OR ATTORNEY LEARNED OR SHOULD  HAVE  LEARNED
THAT  THE ACTION OR PROCEEDING LACKED SUCH A REASONABLE BASIS, THE COURT
MAY FIND THAT THE PARTY OR THE ATTORNEY DID NOT ACT IN BAD FAITH.
  (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE ABILITY
OF A PERSON, FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED  FOR
DWELLING  PURPOSES,  OR  THE  AGENT OF SUCH PERSON, FIRM OR CORPORATION,
FROM APPLYING REASONABLE STANDARDS NOT BASED ON OR DERIVED FROM DOMESTIC
VIOLENCE VICTIM STATUS IN DETERMINING THE ELIGIBILITY  OF  A  PERSON  OR
FAMILY SEEKING TO RENT A RESIDENTIAL UNIT.
  (D)  THIS  SECTION  SHALL  NOT  APPLY  TO  BUILDINGS USED FOR DWELLING
PURPOSES THAT ARE OWNER OCCUPIED  AND  HAVE  TWO  OR  FEWER  RESIDENTIAL
UNITS.
  3.  A  PERSON, FIRM, OR CORPORATION OWNING OR MANAGING A BUILDING USED
FOR DWELLING PURPOSES OR AGENT OF SUCH PERSON, FIRM OR CORPORATION SHALL
NOT BE CIVILLY LIABLE TO OTHER TENANTS, GUESTS, INVITEES,  OR  LICENSEES
ARISING  FROM  REASONABLE  AND  GOOD  FAITH  EFFORTS TO COMPLY WITH THIS
SECTION.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON,
FIRM OR CORPORATION OWNING OR MANAGING  A  BUILDING  USED  FOR  DWELLING
PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, FROM:
  (A)  PROVIDING  OR  PRESERVING  A  RENTAL  PREFERENCE IN ANY PUBLIC OR
PRIVATE HOUSING FOR VICTIMS OF DOMESTIC VIOLENCE;
  (B) PROVIDING ANY OTHER ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE  IN
OBTAINING OR RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
  (C)  RESPONDING  TO  AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR
LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A MUNICI-
PALITY FROM RETAINING OR PROMULGATING LOCAL LAWS OR ORDINANCES  IMPOSING
ADDITIONAL  OR  ENHANCED  PROTECTIONS PROHIBITING DISCRIMINATION AGAINST
VICTIMS OF DOMESTIC VIOLENCE.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS  LIMITING,  DIMINISH-
ING, OR OTHERWISE AFFECTING ANY RIGHTS UNDER EXISTING LAW.

S. 5                                3

  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 744 to read as follows:
  S  744.  EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
1. A TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A  RESIDENTIAL  UNIT
PURSUANT  TO  THIS  ARTICLE  BECAUSE  OF SUCH PERSON'S DOMESTIC VIOLENCE
VICTIM STATUS, AS DEFINED IN SECTION TWO HUNDRED TWENTY-SEVEN-D  OF  THE
REAL  PROPERTY  LAW.  IT  SHALL  BE A DEFENSE TO A PROCEEDING TO RECOVER
POSSESSION OF A RESIDENTIAL UNIT THAT A  LANDLORD  SEEKS  SUCH  RECOVERY
BECAUSE OF A PERSON'S DOMESTIC VIOLENCE VICTIM STATUS, AND THAT, BUT FOR
SUCH  STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER POSSESSION. A LAND-
LORD MAY REBUT SUCH DEFENSE BY SHOWING THAT HE OR SHE SEEKS  TO  RECOVER
POSSESSION OF A RESIDENTIAL UNIT BECAUSE OF ANY OTHER LAWFUL GROUND.
  2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
RECOVER  POSSESSION  OF  A  RESIDENTIAL  UNIT ON GROUNDS NOT BASED ON OR
DERIVED FROM DOMESTIC VIOLENCE VICTIM STATUS.
  3. A LANDLORD SHALL NOT BE CIVILLY LIABLE TO  OTHER  TENANTS,  GUESTS,
INVITEES, OR LICENSEES ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO
COMPLY WITH THIS SECTION.
  4.  THIS  SECTION  SHALL  NOT  APPLY  TO  BUILDINGS  USED FOR DWELLING
PURPOSES THAT ARE OWNER OCCUPIED  AND  HAVE  TWO  OR  FEWER  RESIDENTIAL
UNITS.
  S  3.  There is hereby established a task force to study the impact of
source of income on access to housing including, but not limited to, any
sex-based impact.  The task force shall consist of the following members
as appointed by the governor: (1) two members of the governor's cabinet;
(2) two experts on housing policy representing the needs of  both  land-
lords  and  tenants; (3) two members who are local government officials,
who shall each  represent  different  geographical  regions  within  the
state;  (4) two members on the recommendation of the temporary president
of the senate; and (5) two members on the recommendation of the  speaker
of  the assembly. The governor shall designate a chair of the task force
from amongst such appointees.  The task force shall meet as often as  is
appropriate  under  circumstances  necessary to fulfill its duties under
this section. The task force shall (a)  review  the  Section  8  Housing
Choice  Voucher Administrative Plan and, if necessary, recommend modifi-
cations to increase the participation of landlords and property  owners,
which  may include, but shall not be limited to: expanding the portabil-
ity of Section 8 vouchers, including as may be appropriate for  domestic
violence  victims;  creating  a state-sponsored special-purpose mobility
counseling program; enhancing means of  connecting  voucher  holders  to
approved  landlords;  and eliminating delays in housing quality standard
inspections; and (b) review other current  policies  and  laws  and,  if
necessary,  recommend  modifications  to  improve  access to quality and
affordable housing. The task force shall submit its report and recommen-
dations to the governor, the temporary president of the senate, and  the
speaker of the assembly on January 15, 2016.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision,  section  or  part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.

S. 5                                4

  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.