What's happening
This bill removes the exemption for owner-occupied two-unit dwellings from nondiscrimination laws if they engage in discriminatory advertising or inquiries.
Why it matters
Closes a major loophole. in New York’s fair housing laws by making owner-occupied two-unit dwellings subject to nondiscrimination requirements if their advertising or inquiries show bias—meaning small landlords can’t use discriminatory ads to avoid accountability.
Protects renters from subtle discrimination. By focusing on advertising and inquiries, the bill targets early stages of the rental process where discriminatory intent is often first expressed, making it harder for landlords to signal exclusion even if they claim other exemptions.
Raises the standard for property owners. Owner-occupiers of two-unit dwellings lose their exemption from all nondiscrimination provisions if they engage in unlawful discriminatory conduct, significantly increasing the legal risk for small landlords who might otherwise ignore fair housing rules.
Promotes equal access to housing. The bill sends a strong message that all renters—regardless of the size of the property they’re seeking—should be protected from discrimination, helping to address systemic barriers in New York’s rental market.
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Who cares
Headline styles
Ban Discriminatory Housing Ads
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Ordered to third reading cal.507
- Advanced to third reading cal.246
- Reported
- Reported referred to codes
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7280
2017-2018 Regular Sessions
IN ASSEMBLY
April 19, 2017
Introduced by M. of A. BUCHWALD, PEOPLES-STOKES -- (at request of the Division of Human Rights) -- read once and referred to the Committee on Governmental Operations
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 inquiries will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the human rights law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of subparagraph 3 of paragraph (a) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows:
(4) (i) The provisions of subparagraphs one and two of this paragraph [(a)] shall not apply [(1)] to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations[, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10102-01-7
A. 7280 2
(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply]. However, such rental property shall no longer be exempt from the provisions of such subparagraphs one and two if there is unlawful discriminatory conduct pursuant to subparagraph three of this paragraph.
(ii) The provisions of subparagraphs one, two and three of this paragraph shall not apply (A) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex, (B) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation, or (C) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to persons sixty-two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.