Provides that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of certain apartment dwellings

Summary of provisions

Section 1 of the bill would amend subsection 5 of the Executive Law §296 to:

o Renumber the paragraph following paragraph (3) as paragraph (4), and to divide the provisions of paragraph (4) into subparagraphs (i) and (ii);

o Amend subparagraph (i) to limit the exemption for rental of an apart- ment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, such that it would be unlawful to adver- tise print, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, any limitation, spec- ification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, or any intent to make any such limitation, specification or discrimination;

o Further amend subparagraph (i) to provide that violation of subpara- graph (i) would cause the property involved to lose its exemption and become subject to all provisions of the Human Rights Law; and

o Add a new subparagraph (ii) to maintain the existing exemption from coverage of the Human Right Law, including the exemption from the adver- tisement and inquiry provision, for the restriction in the rental of rooms to a single sex, and for restrictions with regard to age and fami- lial status for qualified senior housing.

Existing law

Executive Law § 296(5) completely exempts owner-occupied two-unit dwell- ings and owner-occupied rooming houses from any coverage by the nondis- crimination provisions of the Human Rights Law regardless of how such properties are marketed for rental.

Legislative history

None.

Statement in support

The Human Rights Law makes it unlawful for anyone who sells, rents, or leases housing accommodations, to discriminate in the terms of such sale or lease; or to engage in advertising which causes discrimination. Owner-occupied two-unit dwellings and owner-occupied rooming houses, however, are currently exempt from such coverage. As such, existing law allows a landlord renting an exempt property to post a sign in a window stating "whites only," or to ask prospective tenants for their religious affiliation with the intention of refusing to rent to persons of a particular creed. Such landlord could also advertise limitations in various media sources.

This bill would make the Human Rights Law substantially equivalent to the federal Fair Housing Act with regard to prohibiting discriminatory advertising and inquiries regardless of the exemption of the property from full coverage of the Jaw. Also, like its federal counterpart, the Human Rights Law would apply to otherwise exempt properties whenever the advertising and inquiry provision is violated. Notably, also in compli- ance with federal law, this bill would not bar the rental of rooms based on sex or bar rentals based on restrictions with regard to age and fami- lial status for qualified senior housing.

Budget implications

None.

Effective date

This act shall take effect immediately.