Prohibits certain discriminatory practices against victims of domestic violence

BILL NUMBER:S498

Title of bill

An act to amend the executive law, in relation to prohibiting discriminatory practices against domestic violence victims

Purpose

To protect domestic violence victims from housing discrimination based on their status as a victim.

Summary of provisions

This bill amends Executive Law § 292 (the Human Rights Law) to add domestic violence victim status to the list of bases that may not lawfully be relied on when denying an individual the right to purchase, rent, lease or inhabit housing accommodation. A new definition of "domestic violence victim" is added.

Justification

Homelessness among domestic violence victims is a significant problem, which can prevent such victims, who are primarily women, from stabilizing their lives and the lives of their children and other dependents. While homelessness can result from a number of factors, in a 1999 publication the United States Conference of Mayors identified domestic violence as a significant cause of homelessness. In a 1999 study conducted by the National Resource Center on Domestic violence, 67% of domestic violence service providers identified housing discrimination as a barrier to battered women seeking alternative housing. Battered women who cannot find a place to live may be forced to return to their abusers. Landlords and sellers of property should not be permitted to discriminate against domestic violence victims based upon assumptions about the effect that their tenancy or home ownership may have on property or other persons.

In 1985 the Office of the Attorney General issued a Formal opinion (85-F15) that recognized that barring rentals to domestic violence victims would have a disproportionate impact on women, and is not justified by a business necessity. The Opinion pointed out that a battered individual seeking housing, who has no intention of undertaking future cohabitation with the abuser or permitting the offending person to enter the premises, should not be denied living quarters based on a third party's previous violence. The opinion affirmed that a property owner may adopt nondiscriminatory rules to protect against damage to persons or property.

This bill would incorporate the Opinion into the Human Rights Law to ensure that domestic violence victims and property owners have clear notice of their legally binding rights and responsibilities, so as to further ensure that persons are protected, not punished, for being subjected to the suffering that results from domestic violence.

Legislative history

2007 Investigations and Government Operations 2008 Investigations and Government Operations

Fiscal implications

None.

Effective date

The act shall take effect immediately upon enactment.