Provides that there is no exemption from the requirement of nondiscrimination in advertisements for the rental of an apartment in an owner-occupied dwelling

BILL NUMBER:S4401

Title of bill

An act to amend the executive law, in relation to providing that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, and that engaging in discriminatory advertising or inquires will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law

Purpose of the Bill:

The purpose of the bill is to amend the Human Rights Law with regard to nondiscrimination in private housing, such that: (1) there will no longer be an exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, and (2) that engaging in discriminatory advertising or inquiries will cause such property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law.

Summary of Provisions:

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

*limit the exemption for rental of an apartment 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 advertise print, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, any limitation, specification 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;

*provide that a violation of the advertisement provision would cause the property involved to lose its exemption and become subject to all provisions of the Human Rights Law; and

*maintain existing exemptions under the Human Right Law, including the exemptions from the advertisement and inquiry provisions for the rental of rooms based on sex or with regard to age and familial status for qualified senior housing.

Section 2 of the bill provides for an immediate effective date.

Prior Legislative History:

A similar bill was introduced in the 2012 legislative session.

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 law. Also, like its federal counterpart, the Human Rights Law would apply to otherwise exempt properties whenever the advertising and inquiry provision is violated. This bill would not bar the rental of rooms based on sex or bar rentals based on restrictions with regard to age and familial status for qualified senior housing.

Fiscal Implications:

None to the State.

Effective Date:

This bill would take effect immediately.