Relates to preventing housing discrimination against victims of domestic violence; repealer

3 Co-sponsors

• Suzi Oppenheimer
• Kevin S. Parker
• Gustavo Rivera

BILL NUMBER:S3784

Title of bill

An act to amend the executive law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto

Purpose

This bill would prohibit discrimination against victims of domestic violence in housing and certain other settings.

Summary of provisions

Section 1 of the bill would amend Executive Law § 292 by adding a new subdivision 34 to define the term "victim of domestic violence."

Sections 2, 3, 4 and 5 of the bill would amend various subdivisions of Executive Law § 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 § 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 where such an inquiry is necessary to assist the victim in obtaining housing or other services.

Section 7 of the bill would provide that it will become effective 90 days after enactment.

Existing law

Executive Law § 292 defines terms used in the Human Rights Law.

Executive Law § 296 sets forth unlawful discriminatory practices in employment, housing, places of public accommodation, and other areas.

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 are 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.

In New York and around the nation, several high profile domestic violence cases have renewed focus on the effects of domestic violence on its victims, children and our communities. In addition, some studies have indicated an increased risk of abusive conduct during

difficult financial times. The stresses of an economic downturn might also make it more difficult for victims of domestic violence to take the steps they need to get and stay safe. Stable housing and employment are often the most important resources a domestic violence victim needs in order to stay safe. Often, it can be challenging for victims to obtain and maintain housing as they may be viewed by landlords as problem tenants due solely t6 the abuse they suffer at the hands of another. By including victims of domestic violence as a protected class in the housing provisions of the Human Rights Law, the State will ensure that victims will not be prevented from obtaining or maintaining housing merely as a result of their status as victims of domestic violence.

Prior legislative history

2009-10: S.5999A - Vetoed Memo 6760

Budgetary implications

This bill is not expected to have a material impact on State finances.

Effective date

This bill would take effect ninety days after it becomes a law.