NY State Senate Bill 2015-S5053

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Apr 29, 2015	referred to investigations and government operations

co-Sponsors

2015-S5053 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Rpld & add §292 sub 34, amd §296, Exec L; add §744, RPAP L

2015-S5053 (ACTIVE) - Summary

Prevents housing discrimination against victims of domestic violence; prohibits eviction based on domestic violence victim status.

2015-S5053 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5053

TITLE OF BILL:  An act to amend the executive law and to amend the
real property actions and proceedings law, in relation to preventing
housing discrimination against victims of domestic violence; and to
repeal certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:  This bill would prohibit
discrimination against victims of domestic violence in housing and
certain other settings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend Executive Law section 292 by
revising subdivision 34 to better define the term "victim of domestic
violence," Sections 2, 3, 4 and 5 of the bill would amend various
subdivisions of Executive Law section 296 to prohibit discrimination
in housing and certain other settings, including public accommodations
and education, on the basis of an individual's status as a victim of
domestic violence. Section 6 of the bill would amend Executive Law
section 296 by adding a new subdivision 22 to provide that a housing
provider may inquire as to an individual's status as a victim of
domestic violence. Section 7 of the bill amends the real property
actions and proceedings law by adding a new section 744 that would
make it unlawful for a landlord, other than an owner occupied property
with two or fewer units, to recover or attempt to recover possession

of a dwelling based on the tenant's or legal occupant's status as a
victim of domestic violence. However, this would not restrict a
landlord's legal right to recover possession of a dwelling on grounds
other than those derived from status as a victim of domestic violence.
Section 8 of the bill would provide that it will become effective 90
days after enactment.

JUSTIFICATION:  Domestic violence is a crime of enormous magnitude
that affects all New Yorkers-regardless of age, race, or economic
status-with long term and pervasive consequences for victims,
families, communities and society. Each year, an estimated 400,000
domestic violence incidents are reported to law enforcement in New
York, and approximately 300,000 calls arc received by hotlines
throughout the State. Nearly 165,000 orders of protection were issued
in domestic violence cases in family; criminal and supreme courts in
2007 alone.

PRIOR LEGISLATIVE HISTORY:  2014: A5387 - ordered to third reading
cal.251 2013: A5837 - Passed Assembly 2012: A9024 - Passed Assembly
2011: A3448-A - Passed Assembly 2010: A9020-A - Vetoed 2009: A9020-A -
Passed Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  This bill is not
expected to have a material impact on State finances.

EFFECTIVE DATE:  90 days after enactment.

2015-S5053 (ACTIVE) - Bill Text download pdf

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

                                  5053

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- 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 and to amend the real property actions
  and proceedings law, in relation to preventing housing  discrimination
  against victims of domestic violence; and to repeal certain provisions
  of such law relating thereto

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

  Section 1. Subdivision 34 of section  292  of  the  executive  law  is
REPEALED and a new subdivision 34 is added to read as follows:
  34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING
AS  IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE
SOCIAL SERVICES LAW.
  S 2. Paragraph (a) of subdivision 2 of section 296  of  the  executive
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  any  person,
being  the  owner, lessee, proprietor, manager, superintendent, agent or
employee of any place of  public  accommodation,  resort  or  amusement,
because  of the race, creed, color, national origin, sexual orientation,
military status, sex, [or] disability [or], marital status, OR STATUS AS
A VICTIM OF DOMESTIC VIOLENCE of any person, directly or indirectly,  to
refuse,  withhold from or deny to such person any of the accommodations,
advantages, facilities or privileges thereof, including the extension of
credit, or,  directly  or  indirectly,  to  publish,  circulate,  issue,
display,  post  or  mail any written or printed communication, notice or
advertisement, to the effect that any of the accommodations, advantages,
facilities and privileges of any such place shall be  refused,  withheld
from  or denied to any person on account of race, creed, color, national
origin, sexual orientation, military status, sex, [or] disability  [or],

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09563-03-5

S. 5053                             2

marital  status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that the
patronage or custom thereat of any person of or purporting to be of  any
particular  race,  creed,  color,  national  origin, sexual orientation,
military  status,  sex  [or],  marital  status, OR STATUS AS A VICTIM OF
DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
  S 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added 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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE  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 STATUS AS A
VICTIM OF DOMESTIC VIOLENCE 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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 organ-
ized militia of the state from voluntarily disclosing such membership.
  (c-1) 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 STATUS AS A VICTIM  OF  DOMESTIC  VIOLENCE,  or  any
intent to make any such limitation, specification or discrimination.
  S  4.  Subdivisions  3-b and 4 of section 296 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
military  status, sex, disability, marital status, [or] familial status,
OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of the owners or occupants in
the block, neighborhood or area in which the real property  is  located,

S. 5053                             3

and  to  represent, directly or indirectly, that this change will or may
result in undesirable consequences in the block, neighborhood or area in
which the real property is located, including but  not  limited  to  the
lowering  of  property  values,  an  increase in criminal or anti-social
behavior, or a decline in the quality of schools or other facilities.
  4. It shall be an unlawful discriminatory practice  for  an  education
corporation  or  association  which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant  to  the  provisions  of
article four of the real property tax law to deny the use of its facili-
ties  to  any person otherwise qualified, or to permit the harassment of
any student or applicant, by reason of his race, color, religion,  disa-
bility,  national  origin, sexual orientation, military status, sex, age
[or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
that any such institution which establishes or  maintains  a  policy  of
educating  persons of one sex exclusively may admit students of only one
sex.
  S 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section  296
of the executive law, as amended by chapter 106 of the laws of 2003, are
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,  OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 STATUS AS A VICTIM OF
DOMESTIC VIOLENCE 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 STATUS AS A VICTIM  OF  DOMESTIC  VIOLENCE,  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,

S. 5053                             4

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
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 STATUS AS A VICTIM OF
DOMESTIC VIOLENCE in the terms, conditions or privileges  of  the  sale,
rental or lease of any such land or commercial space; or in the furnish-
ing 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  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE; 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
STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to
represent that any housing accommodation, land or  commercial  space  is

S. 5053                             5

not  available  for inspection, sale, rental or lease when in fact it is
so available, or otherwise to deny  or  withhold  any  housing  accommo-
dation, land or commercial space or any facilities of any housing accom-
modation,  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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE  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 STATUS AS A VICTIM
OF DOMESTIC VIOLENCE; or any intent to make any such  limitation,  spec-
ification or discrimination.
  (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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi-
vidual who is otherwise qualified for membership, to  exclude  or  expel
such  individual  from membership, or to discriminate against such indi-
vidual in the terms, conditions and privileges  of  membership  in  such
board.
  S  6.  Section  296  of  the  executive law is amended by adding a new
subdivision 22 to read as follows:
  22. NO PROVISION OF THIS SECTION SHALL BE  CONSTRUED  TO  PROHIBIT  AN
OWNER,  LESSEE,  SUBLESSEE,  ASSIGNEE  OR  MANAGING AGENT OF ANY HOUSING
ACCOMMODATION, PUBLIC OR PRIVATE, OR OTHER PERSON HAVING  THE  RIGHT  OF
OWNERSHIP  OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN ACCOM-
MODATION, FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING  INFORMATION
ABOUT  AN  INDIVIDUAL'S  DOMESTIC  VIOLENCE VICTIM STATUS SOLELY FOR THE
PURPOSE OF:
  (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING
FOR THAT VICTIM OF DOMESTIC VIOLENCE;
  (B) PROVIDING ANY OTHER ASSISTANCE TO A VICTIM OF  DOMESTIC  VIOLENCE,
THE  PURPOSE  OF  WHICH  IS TO ASSIST RATHER THAN TO HINDER 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.

S. 5053                             6

  S  7.  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. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING AS
IS ASCRIBED TO SUCH TERM BY SECTION FOUR  HUNDRED  FIFTY-NINE-A  OF  THE
SOCIAL SERVICES LAW.
  2.  PURSUANT  TO  THIS  ARTICLE,  IT  SHALL  BE  UNLAWFUL  TO  RECOVER
POSSESSION, OR ATTEMPT TO RECOVER  POSSESSION,  OF  A  DWELLING  FROM  A
TENANT  BECAUSE  OF SUCH TENANT'S OR LEGAL OCCUPANT'S STATUS AS A VICTIM
OF DOMESTIC VIOLENCE. IT SHALL BE A DEFENSE TO A PROCEEDING  TO  RECOVER
POSSESSION  OF A DWELLING THAT A LANDLORD SEEKS SUCH RECOVERY BECAUSE OF
A TENANT'S OR LEGAL OCCUPANT'S STATUS AS A VICTIM OF DOMESTIC  VIOLENCE,
AND  THAT,  BUT  FOR SUCH STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER
POSSESSION.
  3. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHT  TO
RECOVER  POSSESSION  OF  A  DWELLING  ON A GROUND OTHER THAN BASED ON OR
DERIVED FROM A TENANT'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE.
  4. THIS SECTION  SHALL  NOT  APPLY  TO  BUILDINGS  USED  FOR  DWELLING
PURPOSES  THAT  ARE  OWNER  OCCUPIED  AND  HAVE TWO OR FEWER RESIDENTIAL
UNITS.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S5053

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2015-S5053 (ACTIVE) - Details

2015-S5053 (ACTIVE) - Summary

2015-S5053 (ACTIVE) - Sponsor Memo

2015-S5053 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5053

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Patrick M. Gallivan

2015-S5053 (ACTIVE) - Details

2015-S5053 (ACTIVE) - Summary

2015-S5053 (ACTIVE) - Sponsor Memo

2015-S5053 (ACTIVE) - Bill Text download pdf

Comments