Relates to rental discrimination based on income

2 Co-sponsors

• Liz Krueger
• Eric T. Schneiderman

Title of bill

An act to amend the executive law, in relation to discrimination based upon the income of persons

Purpose of the bill

To prevent housing discrimination based upon the source of income of individuals; makes discrimination by landlords based on a tenant's source of income illegal under New York State Human Rights Law.

Summary of specific provisions

Section 1 adds a new subdivision 35 to section 292 of the executive law defining the term "lawful source of income" to include, but not be limited to, wages, income derived from social security, federal or state public assistance, and housing and rental subsidies such as Section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the executive law to add the language "or source of income" as a category protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and (c) of the executive law to add the language "or source of income" to all sections for inclusion against discrimination, refusal to rent and to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to add the language "or source of income" as a protected status form discrimination in relation to housing to the New York State Human Rights Law. Subsection (a) extends protections against the practices of an owner, lessee, sub-lease, or managing agent, or any other person having the right to sell, rent or lease a housing accommodation. Subsection (b) extends protections against the practices of an owner, lessee, sub-lease, or managing agent, or any other person having the right to sell, rent or lease land or commercial space. Subsection (c) extends protections against the practices of a real estate broker, real estate sales person, or agent. Subsection (d) extends protections against the practices of a real estate board.

Section 5 contains the effective date.

Justification

Currently, New York State law does not prevent landlords from discrimination based on a person's source of income. As a result, landlords often reject tenants with rental subsidies, such as Section 8 and subsidies tied to the Nursing Facility Transition and Diversion and Traumatic Brain Injury Medicaid Waivers. Many people with disabilities rely on those subsidies and other assistance programs to live independently in the community. This legislation would make discrimination by landlords based on a tenant's Source of income illegal under New York State Human Rights Law. Similar laws have already been passed in New York City and Nassau.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.