Bill S7329-2009

Protects individuals with disabilities from discrimination and provides equal opportunity to enjoy common portions of dwellings

Protects individuals with disabilities from discrimination and provides equal opportunity to enjoy common portions of dwellings.

Details

Actions

  • May 18, 2010: SUBSTITUTED BY A10771
  • May 3, 2010: ADVANCED TO THIRD READING
  • Apr 28, 2010: 2ND REPORT CAL.
  • Apr 27, 2010: 1ST REPORT CAL.452
  • Mar 30, 2010: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 27, 2010
Ayes (5): Johnson C, Stachowski, Diaz, Klein, Espada
Ayes W/R (3): Winner, Golden, Nozzolio

Memo

 BILL NUMBER:  S7329

TITLE OF BILL :

An act to amend the executive law, in relation to insuring the protection of individuals with disabilities under the human rights law

PURPOSE OF BILL :

This bill would add "disability" to areas of the Executive Law where it has been omitted, in order to provide protection to persons with disabilities and to clarify that reasonable accommodation of a disability may include reasonable modification of the common use portions of a dwelling.

SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Executive Law § 291 (1) and (2) to clarify that the opportunity to obtain employment, education, public accommodations, housing and commercial space without discrimination because of disability is recognized and declared to be a civil right.

Sections 2 and 3 of the bill would amend Executive Law § 296(2-a)(d)(2) and Executive Law § 296(18)(2) to clarify that reasonable accommodation may include reasonable modification to common use portions of dwellings.

Section 4 of the bill would amend Executive Law § 296(13) to provide that it shall be unlawful to boycott, blacklist, refuse to buy from, sell to or trade with an individual with a disability, a protection that is currently provided for age, race, creed, color, national origin, sexual· orientation, military status, sex or marital status.

Section 5 of the bill would provide for an immediate effective date.

EXISTING LAW :

Currently, the Executive Law protects persons with disabilities from discrimination ion most areas, and provides for reasonable accommodation of persons with disabilities in housing.

PRIOR LEGISLATIVE HISTORY :

Similar legislation was submitted as a Division of Human Rights legislative proposal in 2008 and 2009, but it was not introduced in either house.

STATEMENT IN SUPPORT :

The Executive Law has long protected individuals with disabilities from discrimination. This bill would amend the Executive Law to add "disability" to several areas in the Executive Law where it has been omitted, making the Executive Law more uniform in its protection of persons with disabilities. In addition, the bill would amend the Executive Law to prohibit boycotting, blacklisting or refusing to buy from or trade with any person because of his or her disability, as is currently the case for members of other protected classes. Finally, the bill would clarify that reasonable accommodations made by housing providers include reasonable modifications of common use portions of the dwelling, so that persons with disabilities will be able to have access to their homes.

BUDGET IMPLICATIONS :

This bill has no fiscal implications. EFFECTIVE DATE : This bill would take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7329 IN SENATE March 30, 2010 ___________
Introduced by Sen. C. JOHNSON -- (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 insuring the protection of individuals with disabilities under the human rights law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 291 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows: 1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, mili- tary status, sex [or], marital status, OR DISABILITY, is hereby recog- nized as and declared to be a civil right. 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, sex [or], marital status, OR DISABILITY, as specified in section two hundred ninety-six of this article, is hereby recognized as and declared to be a civil right. S 2. Subparagraph 2 of paragraph (d) of subdivision 2-a of section 296 of the executive law, as added by chapter 368 of the laws of 1991, is amended to read as follows: (2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, INCLUDING REASONABLE MODIFICATION TO COMMON USE PORTIONS OF THE DWELLING, or S 3. Paragraph 2 of subdivision 18 of section 296 of the executive law, as added by chapter 368 of the laws of 1991, is amended to read as follows: (2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to
afford said person with a disability equal opportunity to use and enjoy a dwelling, INCLUDING REASONABLE MODIFICATION TO COMMON USE PORTIONS OF THE DWELLING, or S 4. Subdivision 13 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows: 13. It shall be an unlawful discriminatory practice (i) for any person to [discriminate against,] boycott or blacklist, or to refuse to buy from, sell to or trade with, OR OTHERWISE DISCRIMINATE AGAINST any person, because of the race, creed, color, national origin, sexual orientation, military status [or], sex, OR DISABILITY of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person wilfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. S 5. This act shall take effect immediately.

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