What's happening
This bill removes certain exemptions and ensures owner-occupied two-unit dwellings lose discrimination law exemptions if they engage in discriminatory advertising or inquiries.
Why it matters
Closes a key loophole by removing discrimination law exemptions for owner-occupied two-unit dwellings if they engage in discriminatory advertising or inquiries. , making these owners fully subject to the state’s human rights laws if they violate nondiscrimination provisions.
Deters discriminatory practices by tying legal exemptions to lawful behavior. property owners must comply with fair housing advertising and inquiry rules or risk losing their exemption from more stringent anti-discrimination requirements.
Clarifies and preserves certain exemptions unrelated to discriminatory advertising. (such as restrictions based on sex for roommates, or age-restricted housing), but makes clear that these do not apply if discriminatory advertising or inquiries occur.
Signals increased state oversight and potential liability for small landlords. , encouraging them to review and update their rental practices and advertising to avoid inadvertently triggering full coverage under the state’s human rights law.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Owners living in two-family rental buildings
The bill would subject their rental advertisements and inquiries to nondiscrimination requirements and remove their remaining rental nondiscrimination exemptions if they engage in unlawful discriminatory advertising or inquiries.
Prospective tenants in owner-occupied two-family buildings
The bill would protect them against discriminatory rental advertisements and inquiries, even where the rental otherwise qualifies for an exemption.
Resident owners and occupants renting out rooms
Despite the bill’s title, the operative text would retain their exemption from the nondiscrimination provisions covering rentals, advertisements and inquiries.
Headline styles
Ban Discriminatory Rental Ads
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Reported referred to codes
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Discriminatory Rental Ads
In Senate Committee · Rules · Sponsor John Liu
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9526
IN ASSEMBLY
January 24, 2020
Introduced by M. of A. BUCHWALD, ZEBROWSKI -- (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 8 of the laws of 2019, 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 (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 of this paragraph if there
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09280-01-9
A. 9526 2
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 on the same date and in the same manner as section 11 of chapter 8 of the laws of 2019.
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.