Relates to preventing housing discrimination against victims of domestic violence; repealer

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S5053

Title of bill

An act to amend the executive law and to amend the real property actions and proceedings law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto

Purpose or general idea of bill

This bill would prohibit discrimination against victims of domestic violence in housing and certain other settings.

Summary of specific provisions

Section 1 of the bill would amend Executive Law section 292 by revising subdivision 34 to better define the term "victim of domestic violence," Sections 2, 3, 4 and 5 of the bill would amend various subdivisions of Executive Law section 296 to prohibit discrimination in housing and certain other settings, including public accommodations and education, on the basis of an individual's status as a victim of domestic violence. Section 6 of the bill would amend Executive Law section 296 by adding a new subdivision 22 to provide that a housing provider may inquire as to an individual's status as a victim of domestic violence. Section 7 of the bill amends the real property actions and proceedings law by adding a new section 744 that would make it unlawful for a landlord, other than an owner occupied property with two or fewer units, to recover or attempt to recover possession of a dwelling based on the tenant's or legal occupant's status as a victim of domestic violence. However, this would not restrict a landlord's legal right to recover possession of a dwelling on grounds other than those derived from status as a victim of domestic violence. Section 8 of the bill would provide that it will become effective 90 days after enactment.

Justification

Domestic violence is a crime of enormous magnitude that affects all New Yorkers-regardless of age, race, or economic status-with long term and pervasive consequences for victims, families, communities and society. Each year, an estimated 400,000 domestic violence incidents are reported to law enforcement in New York, and approximately 300,000 calls arc received by hotlines throughout the State. Nearly 165,000 orders of protection were issued in domestic violence cases in family; criminal and supreme courts in 2007 alone.

Prior legislative history

2014: A5387 - ordered to third reading cal.251 2013: A5837 - Passed Assembly 2012: A9024 - Passed Assembly 2011: A3448-A - Passed Assembly 2010: A9020-A - Vetoed 2009: A9020-A - Passed Assembly

Fiscal implications for state and local governments

This bill is not expected to have a material impact on State finances.

Effective date

90 days after enactment.