What's happening
This bill removes the exemption for owner-occupied two-unit dwellings from nondiscrimination rules in advertising rentals if discriminatory conduct occurs.
Why it matters
Removes a key loophole from fair housing law. By eliminating the exemption for owner-occupied two-unit dwellings that engage in discriminatory advertising or inquiries, the bill closes a gap that previously allowed certain landlords to openly advertise or ask about protected characteristics (like race, religion, etc.) when renting out units in their own homes.
Increases accountability for small-scale landlords. Owners of two-family homes who live on the premises can no longer rely on the exemption if they engage in discriminatory conduct during the rental process. This raises the legal standards for these landlords, aligning them more closely with larger housing providers.
Strengthens tenant protections and access. The change means prospective tenants are better shielded from discriminatory practices, even in situations where the landlord lives on the property, helping to ensure fairer access to housing opportunities for all protected groups.
Clarifies when exemptions still apply. The bill maintains exemptions for other specific scenarios (such as renting all rooms to the same sex, or age-restricted housing), but makes clear that discriminatory conduct in advertising or inquiries removes the exemption for owner-occupied two-unit dwellings, signaling a strong stance against discrimination in these contexts.
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Who cares
Headline styles
Ban Discriminatory Rental Ads
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.536
- Referred to investigations and government operations
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.975
- Referred to investigations and government 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 Assembly Committee · Codes · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6157
2019-2020 Regular Sessions
IN SENATE
May 20, 2019
Introduced by Sen. LIU -- (at request of the Division of Human Rights) -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09280-01-9
S. 6157 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 of this paragraph 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 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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to providing that there is no exemption from the requirement of nondiscrim- ination 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
Purpose of the bill
The purpose of the bill is to change the Human Rights Law with regard to non-discrimination in private housing, such that: (1) there will no.longer be an exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, and (2) that engaging in discriminato- ry advertising or inquiries will cause such property to no longer be exempt from full coverage by the nondiscrimination provisions of the Human Rights Law
Summary of provisions
Paragraph (a) of subsection 5 of section 296 of the Executive Law would be amended to number the paragraph following paragraph (3) as paragraph (4), and to divide the provisions of said paragraph (4) into subpara- graphs (i) and (ii), and to amend those subparagraphs.
Read the full memo (715 words)
Subparagraph (i) limits the exemption for rental of an apartment in an owner-occupied two-unit dwelling, such that, despite the exemption from the other provisions of the Human Rights Law, it is nevertheless unlaw- ful to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of applica- tion, or to make any record or inquiry 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 any intent to make any such limitation, specification or discrimination. Subparagraph (i) is further amended to provide that violation of this statement, advertisement or publication provision will cause the property involved to lose its exemption and become subject to all provisions of the Human Rights Law.
Subparagraph (ii) maintains the existing exemption from coverage of the Human Right Law, including the exemption from the advertisement and inquiry provision, for the restriction in the rental of rooms to a single sex, for the rental of rooms in an owner-occupied dwelling, and for restrictions with regard to age and familial status for qualified senior housing.
Existing law
The Human Rights Law currently completely exempts owner-occupied two- unit dwellings from any coverage.
Justification
The Human Rights Law currently completely exempts owner-occupied two- unit dwellings from any coverage. Therefore, it is lawful Under the Human Rights Law to advertise or inquire with the express intention of indicating that person of a particUlar race, creed, color, national origin, sexual orientation, military status, sex, age, disability, mari- tal status, or familial status will not be accepted as a tenant. Thus, for example, a landlord renting the second unit in their two-family residence could post a sign in the window stating "whites only", or could ask prospective tenants for their religious affiliation with the intention of refusing to rent to persons of a particular creed.
The proposed legislation will make the Human Rights Law substantially equivalent to the federal Fair Housing Act with regard to making odious discriminatory advertising and inquiries illegal regardless of the exemption of the property from full coverage of the law. Also, like its federal counterpart, the Human Rights Law will now apply in full force to otherwise exempt properties whenever the advertising and inquiry provision is violated.
Prior legislative history
This bill was introduced in the 2017-18 session as A.7280 (Departmental Bill 16; DHR 0417). It did not come to a vote in either house. This bill was introduced in 2015-2016 as A.7514 (Departmental 6, DHR 03-15). It passed the Assembly but did not come to a vote in the Senate. In 2013-2014, this bill was introduced as A.6898/S.4401 (Departmental 40, DHR 04-13). It did not come to a vote in either house.
A similar bill was also introduced in 2011-2012 as A.9899/S.6902 (as Departmental 98, DHR 03-12). It did not come to a vote in either house.
Budget implications
None.
Local impact
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.