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S T A T E O F N E W Y O R K
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10610
I N A S S E M B L Y
May 9, 2018
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Introduced by M. of A. WEPRIN, MOSLEY, JOYNER, PEOPLES-STOKES, SKOUFIS, MORELLE, MAGNARELLI, CYMBROWITZ, BENEDETTO -- (at request of the Governor) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to preventing discrimi- nation based on lawful source of income in housing 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 maybe cited as the "Lawful source of income non-discrimination act of 2018".
S 2. Section 292 of the executive law is amended by adding a new subdivision 35 to read as follows: 35. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE LIMITED TO, CHILD SUPPORT, ALIMONY, FOSTER CARE SUBSIDIES, INCOME DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE, OR LOCAL PUBLIC ASSISTANCE OR HOUSING ASSISTANCE INCLUDING, BUT NOT LIMITED TO, SECTION 8 VOUCHERS, OR ANY OTHER FORM OF HOUSING ASSISTANCE PAYMENT OR CREDIT WHETHER OR NOT SUCH INCOME OR CREDIT IS PAID OR ATTRIBUTED DIRECTLY TO A LANDLORD, AND OTHER FORMS OF LAWFUL INCOME.
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, LAWFUL SOURCE OF INCOME, 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. (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, LAWFUL SOURCE OF INCOME or familial status in the terms, conditions or privileges of any publicly-assisted EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12058-01-8 A. 10610 2 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, LAWFUL SOURCE OF INCOME or familial status 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. (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, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination.
S 4. Subparagraphs 1, 2 and 3 of paragraph (a) 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: (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, LAWFUL SOURCE OF INCOME 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, LAWFUL SOURCE OF INCOME or familial status 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, LAWFUL SOURCE OF INCOME or familial status, or any intent to make any such limitation, specification or discrimination.
S 5. Subparagraphs 1 and 2 of paragraph (c) 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: (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, LAWFUL SOURCE OF INCOME or A. 10610 3 familial status 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, LAWFUL SOURCE OF INCOME or familial status 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, LAWFUL SOURCE OF INCOME or familial status; or any intent to make any such limitation, specification or discrimi- nation.
S 6. Paragraph (d) of 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: (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, LAWFUL SOURCE OF INCOME or familial status 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. S 7. This act shall take effect immediately and shall apply to all causes of action filed on or after such effective date.