What's happening
This bill amends the executive law to prohibit housing discrimination against victims of domestic violence in New York.
Why it matters
Expands legal protections. By explicitly including "victim of domestic violence" as a protected class, the bill ensures survivors are legally shielded from housing discrimination, making it easier for them to find or keep safe housing when fleeing abuse.
Closes existing loopholes. The amended law addresses gaps where landlords or real estate agents could previously deny housing or evict based on a person's history as a domestic violence victim, even if that history made them more vulnerable to homelessness or further harm.
Standardizes definitions and enforcement. By defining “victim of domestic violence” within the executive law, the bill provides clear guidance to housing providers, the courts, and enforcement agencies, making it easier to identify and remedy discriminatory practices.
Balances support and privacy. While prohibiting discrimination, the bill permits landlords to ask about domestic violence status only for supportive reasons—such as helping a victim maintain or obtain housing—ensuring that inquiries are not used to harm or exclude, but to facilitate assistance.
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Who cares
Headline styles
Ban Housing Bias: Domestic Violence
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1568
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 34 of section 292 of the executive law is REPEALED and a new subdivision 34 is added to read as follows:
34. The term "victim of domestic violence" means a person who is a victim of an act which would constitute a violation of the penal law, including, but not limited to, an act as defined in subdivision one of section eight hundred twelve of the family court act, where such act is or has alleged to have been committed by a family or household member as defined in subdivision one of section eight hundred twelve of the family court act.
§ 2. Paragraph (a) of subdivision 2 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows:
(a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, sexual orientation, military status, sex, [or] disability [or], marital status, or status as a victim of domestic violence of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07091-01-9
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facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, sexual orientation, military status, sex, [or] disability [or], marital status, or status as a victim of domestic violence, or that the patronage or custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, military status, sex [or], marital status, or status as a victim of domestic violence, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited.
§ 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 296 of the executive law, paragraphs (a), (b) and (c) as amended and paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended to read as follows:
(a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, [or] familial status, or status as a victim of domestic violence of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, military status, age, sex, marital status, [or] familial status, or status as a victim of domestic violence in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concerning the race, creed, color, disability, national origin, sexual orientation, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, [or] familial status, or status as a victim of domestic violence of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership.
(c-1) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination.
§ 4. Subdivisions 3-b and 4 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows:
3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sexual orientation,
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military status, sex, disability, marital status, [or] familial status, or status as a victim of domestic violence of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
4. It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race, color, religion, disability, national origin, sexual orientation, military status, sex, age [or], marital status, or status as a victim of domestic violence, except that any such institution which establishes or maintains a policy of educating persons of one sex exclusively may admit students of only one sex.
§ 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, are amended to read as follows:
(a) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof:
(1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence, or any intent to make any such limitation, specification or discrimination.
The provisions 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
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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 sixtytwo 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.
(b) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available;
(2) To discriminate against any person because of race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith;
(3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, [or] familial status, or status as a victim of domestic violence; or any intent to make any such limitation, specification or discrimination.
(4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or 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.
(c) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof:
(1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the race, creed, color, national origin, sexual orientation, military
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Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto
Purpose
This bill would prohibit discrimination against victims of domestic violence in housing and certain other settings.
Summary of 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 would provide that it will become effective 90 days after enactment.
Justification
Domestic violence is an especially egregious crime that transcends all subsets of society, leaving behind a trail of pain and suffering. In 2015, law enforcement agencies outside of New York City responded to 189,327 domestic violence incidents, representing a 4 percent increase from 2014. There were 251,753 calls to the domestic violence and sexual assault hotlines, and 293,525 orders of protection were issued through- out the state in 2015. Given the nature of such crimes, it is imperative New York takes every precaution to ensure victims have a n equal oppor- tunity to find housing.
Legislative history
S.2958 of 2015-2016; reported to Investigated and Government Operations.
S.1592 of 2013-2014; reported to Finance.
S.6994 of 2011-2012; reported to Finance.
Fiscal implications
This bill is not expected to have a material impact on State finances.
Effective date
90 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.