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Sponsor's memo
BILL NUMBER:S6295
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 "source of income" to include, but is not 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 "source of income" to the prohibition of discrimination in relation to denying access to accommodations, advantages, facilities or privileges of any public accommodation, resort or amusement.
Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and (c) of the executive law to add the language "source of income" to all sections for inclusion against discrimination in relation to the 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 "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, lessor, sub-lessor, 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, lessor, sub-lessor, 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 exempts units in some buildings that have five or fewer units located certain municipalities that had a preexisting local law prohibiting discrimination based on source of income from this legislation. If the local law were to be repealed the state law would take effect.
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
2010: A.10689-A/S.7613-A Passed Assembly Senate; vetoed
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.