Relates to rental discrimination based on income

Summary of specific provisions

Section 1 adds a new subdivision 35 to section 292 of the executive law defining the term "lawful source of income" to include, but not be 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 "or source of income" as a category protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and (c) of the executive law to add the language "or source of income" to all sections for inclusion against discrimination, 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 "or 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, lessee, sub-lease, 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, lessee, sublease, 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 amends section 296 of the executive law to add a new subdivision (22) that exempts housing accommodations that contain a total of five or fewer housing units located within a municipality that had a local law pertaining to such discriminatory practices, which exempted housing accommodations that contained five Or fewer housing units from such prohibition, in existence prior to the effective date of this bill.

If the local law is subsequently repealed, the provisions of this bill would then apply to such housing accommodations. Notwithstanding this exemption, the prohibition on unlawful discriminatory practices based on source of income in this bill shall apply to tenants subject to rent control laws who reside in housing accommodations that contain a total of five or fewer units as of the effective date of this bill, and to all housing accommodations, regardless of the number of units contained in each, of any owner or any agent who has the right to

sell, rent, or lease at least one housing accommodation within the state of New York that contains six or more housing units.

Section 6 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, Westchester and Nassau.

Prior legislative history

2013-2014: S187/A5437 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2011-2012: S83/A10163-A1121 - COMMITTEE DISCHARGED AND COMMITTED TO RULES/Passed Assembly 2009-2010: S7613/A10689- Passed Both Houses

Fiscal implications

None.

Effective date

Immediately.