Relates to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income

Title of bill

An act to amend the executive law, in relation to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income

Purpose

To make it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income.

Summary of provisions

This makes appropriate additions to the law including source of income as an unlawful basis to discriminate in the ownership, use, leasing or occupancy of housing accommodations. However, persons shall retain the ability to consider income derived from criminal activity and determine the ability of a potential buyer or renter to pay a purchase price or rent by verifying source of income and evaluating stability, security and credit worthiness.

Existing law

It is currently unlawful to discriminate on the basis of race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status or family status for the purpose of housing accommodations.

Justification

It is becoming more and more difficult for low-income New Yorkers to afford decent housing for their families. As real estate prices have skyrocketed, lower-income workers have been priced out of the housing market and the demand for federal Section 8 Vouchers far outpaces supply. There is also good reason to believe that many landlords discriminate against tenants with Section 8 Vouchers.

Federal fair housing law prohibits discrimination based on race, color, national origin, religion, sex and family status, (including children under the age of 18 living with parents or legal guardians, and pregnant women) but in most states, landlords are permitted to discriminate against prospective tenants who pay with Housing Choice Vouchers. There are only twelve states that prohibit discrimination against prospective renters based upon their source of income. When source of income discrimination is prohibited, families in need are able to gain greater access to decent, affordable housing.

Research consistently shows that economically integrated communities are better able to utilize resources for better schools, social services and employment, making it easier for lower-income families to break the cycle of poverty. Families that spend less on housing are able to spend more of their income in the local economy.

Legislative history

2012 A3812 Referred to Housing

2012 53702 Referred to Investigations and Governmental Operations

2010 A5369 Referred to Housing

2010 S3685 Referred to Investigations and Governmental Operations FISCAL IMPLICATIONS:

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.