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A06328 Summary:

BILL NOA06328A
 
SAME ASSAME AS S06586-A
 
SPONSORCruz
 
COSPNSRBichotte Hermelyn, Burgos, Epstein, De Los Santos, Anderson, Weprin, Gonzalez-Rojas, Solages, Otis
 
MLTSPNSR
 
Amd §§292, 296, 296-a, 296-c & 63, Exec L
 
Prohibits discrimination based on citizenship or immigration status.
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A06328 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6328A
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the executive law, in relation to prohibiting discrimi- nation based on citizenship or immigration status   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend the Human Rights Law to make explicit that discrimination on the basis of citizenship and immigration status is unlawful in New York State.   SUMMARY OF PROVISIONS: This bill establishes a definition for the term "citizenship or immi- gration status" within the Human Rights Law. The bill then applies the term citizenship or immigration status to the various lists of protected classes throughout the different areas of the Human Rights Law. The bill would also make technical corrections to the Human Rights Law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) The bill is amended to include discrimination on the basis of citizen- ship or immigration status.on the list of civil and criminal offenses under the Human Rights Law that the Attorney General is authorized to prosecute.   JUSTIFICATION: The State of New York and its citizens have long held the belief that there is no room for discrimination of any kind in our state and commu- nities. The Division of Human Rights currently investigates cases in which individuals have been discriminated against because of their national origin. This proposal would expand these protections, and make clear to employers, housing providers, places of public accommodation, and others that discrimination because of citizenship and immigration status is also unlawful in New York State. The legislation will enable the Division to extend protections and to have clarity with regard to their mission.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06328 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6328--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2021
                                       ___________
 
        Introduced by M. of A. CRUZ, BICHOTTE HERMELYN -- read once and referred
          to  the  Committee on Governmental Operations -- reported and referred
          to the Committee on Codes -- reported and referred to the Committee on
          Rules -- recommitted to the Committee  on  Codes  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the executive law, in relation to prohibiting discrimi-
          nation based on citizenship or immigration status
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 37, 38 and 39 of section 292 of the executive
     2  law, subdivision 37 as added by chapter 160 of the  laws  of  2019,  are
     3  renumbered  subdivisions 38, 39 and 40 and a new subdivision 41 is added
     4  to read as follows:
     5    41. The term "citizenship or immigration status" means the citizenship
     6  of any person or the immigration status of any person who is not a citi-
     7  zen of the United States. Nothing in this article shall preclude verifi-
     8  cation of citizenship or immigration status where required by  law,  nor
     9  shall  an  adverse  action based on verification of citizenship or immi-
    10  gration status be prohibited where such adverse action  is  required  by
    11  law.
    12    §  2. Subdivision 1 of section 296 of the executive law, as amended by
    13  chapter 365 of the laws of 2015, paragraph (a) as separately amended  by
    14  chapters  8  and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
    15  amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
    16  chapter 161 of the laws of 2019, is amended to read as follows:
    17    1. It shall be an unlawful discriminatory practice:
    18    (a) For an employer or licensing agency, because  of  an  individual's
    19  age,  race,  creed,  color,  national origin, citizenship or immigration
    20  status, sexual orientation,  gender  identity  or  expression,  military
    21  status,  sex, disability, predisposing genetic characteristics, familial
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10191-06-2

        A. 6328--A                          2
 
     1  status, marital status, or status as a victim of domestic  violence,  to
     2  refuse  to hire or employ or to bar or to discharge from employment such
     3  individual or to discriminate against such individual in compensation or
     4  in terms, conditions or privileges of employment.
     5    (b)  For  an  employment agency to discriminate against any individual
     6  because of age, race, creed,  color,  national  origin,  citizenship  or
     7  immigration  status,  sexual orientation, gender identity or expression,
     8  military status, sex, disability, predisposing genetic  characteristics,
     9  familial status, or marital status, in receiving, classifying, disposing
    10  or  otherwise  acting upon applications for its services or in referring
    11  an applicant or applicants to an employer or employers.
    12    (c) For a labor organization, because of the age, race, creed,  color,
    13  national  origin, citizenship or immigration status, sexual orientation,
    14  gender identity or expression, military status, sex, disability, predis-
    15  posing genetic characteristics, familial status, or  marital  status  of
    16  any individual, to exclude or to expel from its membership such individ-
    17  ual  or to discriminate in any way against any of its members or against
    18  any employer or any individual employed by an employer.
    19    (d) For any employer or employment agency to  print  or  circulate  or
    20  cause to be printed or circulated any statement, advertisement or publi-
    21  cation,  or to use any form of application for employment or to make any
    22  inquiry in  connection  with  prospective  employment,  which  expresses
    23  directly  or indirectly, any limitation, specification or discrimination
    24  as to age, race, creed, color, national  origin,  citizenship  or  immi-
    25  gration status, sexual orientation, gender identity or expression, mili-
    26  tary  status,  sex,  disability,  predisposing  genetic characteristics,
    27  familial status, or marital status, or any intent to make any such limi-
    28  tation, specification or discrimination, unless based upon a  bona  fide
    29  occupational  qualification;  provided, however, that neither this para-
    30  graph nor any provision of this chapter or other law shall be  construed
    31  to prohibit the department of civil service or the department of person-
    32  nel of any city containing more than one county from requesting informa-
    33  tion  from  applicants  for civil service examinations concerning any of
    34  the aforementioned characteristics, other than sexual  orientation,  for
    35  the purpose of conducting studies to identify and resolve possible prob-
    36  lems  in recruitment and testing of members of minority groups to insure
    37  the fairest possible and equal opportunities for employment in the civil
    38  service for all persons, regardless of age, race, creed, color, national
    39  origin, citizenship or immigration status, sexual orientation or  gender
    40  identity  or  expression, military status, sex, disability, predisposing
    41  genetic characteristics, familial status, or marital status.
    42    (e) For any employer,  labor  organization  or  employment  agency  to
    43  discharge, expel or otherwise discriminate against any person because he
    44  or she has opposed any practices forbidden under this article or because
    45  he or she has filed a complaint, testified or assisted in any proceeding
    46  under this article.
    47    (f) Nothing in this subdivision shall affect any restrictions upon the
    48  activities  of  persons  licensed  by  the  state  liquor authority with
    49  respect to persons under twenty-one years of age.
    50    (g) For an employer to compel an employee who is pregnant  to  take  a
    51  leave  of  absence,  unless  the employee is prevented by such pregnancy
    52  from performing the activities involved in the job or  occupation  in  a
    53  reasonable manner.
    54    (h)  For  an  employer,  licensing  agency, employment agency or labor
    55  organization to subject any individual to harassment because of an indi-
    56  vidual's age, race, creed, color, national origin, citizenship or  immi-

        A. 6328--A                          3
 
     1  gration status, sexual orientation, gender identity or expression, mili-
     2  tary  status,  sex,  disability,  predisposing  genetic characteristics,
     3  familial status, marital status, domestic  violence  victim  status,  or
     4  because  the  individual  has opposed any practices forbidden under this
     5  article or because the individual has filed a  complaint,  testified  or
     6  assisted  in  any  proceeding  under this article, regardless of whether
     7  such harassment would be considered severe or pervasive under  precedent
     8  applied to harassment claims. Such harassment is an unlawful discrimina-
     9  tory  practice  when it subjects an individual to inferior terms, condi-
    10  tions or privileges of employment because of the individual's membership
    11  in one or more of these protected categories. The fact that  such  indi-
    12  vidual  did  not make a complaint about the harassment to such employer,
    13  licensing agency, employment agency or labor organization shall  not  be
    14  determinative  of  whether  such  employer, licensing agency, employment
    15  agency or labor organization shall be liable. Nothing  in  this  section
    16  shall  imply that an employee must demonstrate the existence of an indi-
    17  vidual to whom the employee's treatment must be compared. It shall be an
    18  affirmative defense to liability under this subdivision that the harass-
    19  ing conduct does not rise above the level of what a reasonable victim of
    20  discrimination with the same protected characteristic or characteristics
    21  would consider petty slights or trivial inconveniences.
    22    § 3. Subdivision 1-a of section 296 of the executive law,  as  amended
    23  by  chapter  365  of the laws of 2015 and paragraphs (b), (c) and (d) as
    24  amended by chapter 8 of the laws of 2019, is amended to read as follows:
    25    1-a. It shall be an unlawful discriminatory practice for an  employer,
    26  labor  organization,  employment  agency  or  any joint labor-management
    27  committee controlling apprentice training programs:
    28    (a) To select persons for an apprentice  training  program  registered
    29  with the state of New York on any basis other than their qualifications,
    30  as determined by objective criteria which permit review;
    31    (b)  To  deny  to  or withhold from any person because of race, creed,
    32  color, national origin, citizenship or immigration status, sexual orien-
    33  tation, gender identity or expression, military status, sex, age,  disa-
    34  bility,  familial status, or marital status, the right to be admitted to
    35  or  participate  in  a  guidance  program,  an  apprenticeship  training
    36  program,  on-the-job  training  program,  executive training program, or
    37  other occupational training or retraining program;
    38    (c) To discriminate against any person in his or her pursuit  of  such
    39  programs  or  to discriminate against such a person in the terms, condi-
    40  tions or privileges of such programs  because  of  race,  creed,  color,
    41  national  origin, citizenship or immigration status, sexual orientation,
    42  gender identity or expression, military status,  sex,  age,  disability,
    43  familial status or marital status;
    44    (d)  To  print  or  circulate or cause to be printed or circulated any
    45  statement, advertisement or publication, or to use any form of  applica-
    46  tion  for  such  programs or to make any inquiry in connection with such
    47  program which expresses, directly or indirectly, any  limitation,  spec-
    48  ification  or  discrimination as to race, creed, color, national origin,
    49  citizenship or immigration status, sexual orientation,  gender  identity
    50  or expression, military status, sex, age, disability, familial status or
    51  marital status, or any intention to make any such limitation, specifica-
    52  tion  or discrimination, unless based on a bona fide occupational quali-
    53  fication.
    54    § 4. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    55  law,  as amended by chapter 8 of the laws of 2019, is amended to read as
    56  follows:

        A. 6328--A                          4
 
     1    (a) It shall be an unlawful discriminatory practice  for  any  person,
     2  being  the  owner, lessee, proprietor, manager, superintendent, agent or
     3  employee of any place of  public  accommodation,  resort  or  amusement,
     4  because of the race, creed, color, national origin, citizenship or immi-
     5  gration status, sexual orientation, gender identity or expression, mili-
     6  tary  status,  sex, disability or marital status of any person, directly
     7  or indirectly, to refuse, withhold from or deny to such  person  any  of
     8  the   accommodations,  advantages,  facilities  or  privileges  thereof,
     9  including the extension  of  credit,  or,  directly  or  indirectly,  to
    10  publish,  circulate, issue, display, post or mail any written or printed
    11  communication, notice or advertisement, to the effect that  any  of  the
    12  accommodations,  advantages, facilities and privileges of any such place
    13  shall be refused, withheld from or denied to any person  on  account  of
    14  race,  creed, color, national origin, citizenship or immigration status,
    15  sexual orientation, gender identity or expression, military status, sex,
    16  disability or marital status, or that the patronage or custom thereat of
    17  any person of or purporting to be of any particular race, creed,  color,
    18  national  origin, citizenship or immigration status, sexual orientation,
    19  gender identity or expression, military status, sex or  marital  status,
    20  or  having  a  disability is unwelcome, objectionable or not acceptable,
    21  desired or solicited.
    22    § 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
    23  296  of  the executive law, as amended by section 3 of part T of chapter
    24  56 of the laws of 2019, are amended to read as follows:
    25    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    26  hold  from  any  person  or group of persons such housing accommodations
    27  because of the race, creed, color, disability, national origin, citizen-
    28  ship or immigration  status,  sexual  orientation,  gender  identity  or
    29  expression,  military status, age, sex, marital status, lawful source of
    30  income or familial status of such person or  persons,  or  to  represent
    31  that  any housing accommodation or land is not available for inspection,
    32  sale, rental or lease when in fact it is so available.
    33    (b) To discriminate against any person because of  his  or  her  race,
    34  creed,  color,  disability,  national origin, citizenship or immigration
    35  status, sexual orientation,  gender  identity  or  expression,  military
    36  status,  age,  sex,  marital status, lawful source of income or familial
    37  status in the terms, conditions or privileges of  any  publicly-assisted
    38  housing accommodations or in the furnishing of facilities or services in
    39  connection therewith.
    40    (c) To cause to be made any written or oral inquiry or record concern-
    41  ing  the race, creed, color, disability, national origin, citizenship or
    42  immigration status, sexual orientation, gender identity  or  expression,
    43  membership  in  the  reserve armed forces of the United States or in the
    44  organized militia of the state, age, sex, marital status, lawful  source
    45  of  income  or  familial status of a person seeking to rent or lease any
    46  publicly-assisted housing accommodation; provided, however, that nothing
    47  in this subdivision shall prohibit a member of the reserve armed  forces
    48  of  the  United  States  or  in  the organized militia of the state from
    49  voluntarily disclosing such membership.
    50    (c-1) To print or circulate or cause to be printed or  circulated  any
    51  statement,  advertisement or publication, or to use any form of applica-
    52  tion for the purchase, rental or lease of such housing accommodation  or
    53  to  make  any  record  or  inquiry  in  connection  with the prospective
    54  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    55  expresses,  directly  or  indirectly,  any  limitation, specification or
    56  discrimination as to race, creed, color, national origin, citizenship or

        A. 6328--A                          5
 
     1  immigration status, sexual orientation, gender identity  or  expression,
     2  military  status, sex, age, disability, marital status, lawful source of
     3  income or familial status, or any intent to make  any  such  limitation,
     4  specification or discrimination.
     5    §  6.  Paragraph  (c) of subdivision 3 of section 296 of the executive
     6  law, as added by chapter 369 of the laws of 2015,  is  relettered  para-
     7  graph (d).
     8    §  7.  Subdivisions  3-b  and  4  of section 296 of the executive law,
     9  subdivision 3-b as amended by chapter 8 and subdivision 4 as  separately
    10  amended  by  chapter  116  of  the  laws of 2019, are amended to read as
    11  follows:
    12    3-b. It shall be an unlawful  discriminatory  practice  for  any  real
    13  estate  broker,  real estate salesperson or employee or agent thereof or
    14  any other individual, corporation, partnership or organization  for  the
    15  purpose of inducing a real estate transaction from which any such person
    16  or any of its stockholders or members may benefit financially, to repre-
    17  sent  that a change has occurred or will or may occur in the composition
    18  with respect to race, creed,  color,  national  origin,  citizenship  or
    19  immigration  status,  sexual orientation, gender identity or expression,
    20  military status, sex, disability, marital status, or familial status  of
    21  the  owners or occupants in the block, neighborhood or area in which the
    22  real property is located, and to represent, directly or indirectly, that
    23  this change will or may result in undesirable consequences in the block,
    24  neighborhood or area in which the real property  is  located,  including
    25  but not limited to the lowering of property values, an increase in crim-
    26  inal  or anti-social behavior, or a decline in the quality of schools or
    27  other facilities.
    28    4. It shall be an unlawful discriminatory practice for an  educational
    29  institution  to  deny  the use of its facilities to any person otherwise
    30  qualified, or to permit the harassment of any student or  applicant,  by
    31  reason  of his race, color, religion, disability, national origin, citi-
    32  zenship or immigration status, sexual orientation,  gender  identity  or
    33  expression, military status, sex, age or marital status, except that any
    34  such  institution  which  establishes or maintains a policy of educating
    35  persons of one sex exclusively may admit students of only one sex.
    36    § 8. Subdivision 5 of section 296 of the executive law, as amended  by
    37  chapter  8  of the laws of 2019, paragraph (a) as amended by chapter 300
    38  of the laws of 2021, subparagraphs 1 and 2 of paragraph (c)  as  amended
    39  by  section  5,  and  paragraph (d) as amended by section 6 of part T of
    40  chapter 56 of the laws of 2019, is amended to read as follows:
    41    5. (a) It shall be an unlawful discriminatory practice for the  owner,
    42  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
    43  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
    44  constructed or to be constructed, or any agent or employee thereof:
    45    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    46  from any person or group of persons such a housing accommodation because
    47  of  the  race, creed, color, national origin, citizenship or immigration
    48  status, sexual orientation,  gender  identity  or  expression,  military
    49  status, sex, age, disability, marital status, lawful source of income or
    50  familial  status  of  such  person  or persons, or to represent that any
    51  housing accommodation or land is not  available  for  inspection,  sale,
    52  rental or lease when in fact it is so available.
    53    (2)  To discriminate against any person because of race, creed, color,
    54  national origin, citizenship or immigration status, sexual  orientation,
    55  gender  identity  or  expression, military status, sex, age, disability,
    56  marital status, lawful source of income or familial status in the terms,

        A. 6328--A                          6
 
     1  conditions or privileges of the sale, rental or lease of any such  hous-
     2  ing  accommodation  or  in  the  furnishing of facilities or services in
     3  connection therewith.
     4    (3)  To  print  or  circulate or cause to be printed or circulated any
     5  statement, advertisement or publication, or to use any form of  applica-
     6  tion  for the purchase, rental or lease of such housing accommodation or
     7  to make any  record  or  inquiry  in  connection  with  the  prospective
     8  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
     9  expresses, directly or  indirectly,  any  limitation,  specification  or
    10  discrimination as to race, creed, color, national origin, citizenship or
    11  immigration  status,  sexual orientation, gender identity or expression,
    12  military status, sex, age, disability, marital status, lawful source  of
    13  income  or  familial  status, or any intent to make any such limitation,
    14  specification or discrimination.
    15    (4) (i) The provisions of subparagraphs one and two of this  paragraph
    16  shall not apply (1) to the rental of a housing accommodation in a build-
    17  ing which contains housing accommodations for not more than two families
    18  living  independently of each other, if the owner resides in one of such
    19  housing accommodations, (2) to the restriction  of  the  rental  of  all
    20  rooms  in  a housing accommodation to individuals of the same sex or (3)
    21  to the rental of a room or rooms in a  housing  accommodation,  if  such
    22  rental  is  by the occupant of the housing accommodation or by the owner
    23  of the housing accommodation and  the  owner  resides  in  such  housing
    24  accommodation  or  (4) solely with respect to age and familial status to
    25  the restriction of the sale, rental or lease of  housing  accommodations
    26  exclusively to persons sixty-two years of age or older and the spouse of
    27  any  such  person, or for housing intended and operated for occupancy by
    28  at least one person fifty-five years of age or older per unit. In deter-
    29  mining whether housing is intended and operated for occupancy by persons
    30  fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
    31  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
    32  apply. However, such rental property shall no longer be exempt from  the
    33  provisions  of  subparagraphs  one and two of this paragraph if there is
    34  unlawful discriminatory conduct pursuant to subparagraph three  of  this
    35  paragraph.
    36    (ii) The provisions of subparagraphs one, two, and three of this para-
    37  graph  shall not apply (1) to the restriction of the rental of all rooms
    38  in a housing accommodation to individuals of the same sex,  (2)  to  the
    39  rental  of a room or rooms in a housing accommodation, if such rental is
    40  by the occupant of the housing accommodation or  by  the  owner  of  the
    41  housing  accommodation  and  the  owner resides in such housing accommo-
    42  dation, or (3) solely with respect to age and  familial  status  to  the
    43  restriction  of  the  sale,  rental  or  lease of housing accommodations
    44  exclusively to persons sixty-two years of age or older and the spouse of
    45  any such person, or for housing intended and operated for  occupancy  by
    46  at least one person fifty-five years of age or older per unit. In deter-
    47  mining whether housing is intended and operated for occupancy by persons
    48  fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
    49  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
    50  apply.
    51    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    52  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    53  right of ownership or possession of or the right to sell, rent or lease,
    54  land or commercial space:
    55    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    56  from any person or group of persons land or commercial space because  of

        A. 6328--A                          7
 
     1  the  race,  creed,  color,  national  origin, citizenship or immigration
     2  status, sexual orientation,  gender  identity  or  expression,  military
     3  status, sex, age, disability, marital status, or familial status of such
     4  person  or  persons,  or  to represent that any housing accommodation or
     5  land is not available for inspection, sale, rental or lease when in fact
     6  it is so available;
     7    (2) To discriminate against any person because of race, creed,  color,
     8  national  origin, citizenship or immigration status, sexual orientation,
     9  gender identity or expression, military status,  sex,  age,  disability,
    10  marital  status,  or  familial status in the terms, conditions or privi-
    11  leges of the sale, rental or lease of any such land or commercial space;
    12  or in the furnishing of facilities or services in connection therewith;
    13    (3) To print or circulate or cause to be  printed  or  circulated  any
    14  statement,  advertisement or publication, or to use any form of applica-
    15  tion for the purchase, rental or lease of such land or commercial  space
    16  or  to  make  any  record  or inquiry in connection with the prospective
    17  purchase, rental or  lease  of  such  land  or  commercial  space  which
    18  expresses,  directly  or  indirectly,  any  limitation, specification or
    19  discrimination as to race, creed, color, national origin, citizenship or
    20  immigration status, sexual orientation, gender identity  or  expression,
    21  military  status,  sex,  age,  disability,  marital  status, or familial
    22  status; or any intent to make  any  such  limitation,  specification  or
    23  discrimination.
    24    (4)  With  respect  to age and familial status, the provisions of this
    25  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    26  lease  of  land  or  commercial  space exclusively to persons fifty-five
    27  years of age or older and the spouse of  any  such  person,  or  to  the
    28  restriction  of  the  sale,  rental  or lease of land to be used for the
    29  construction, or location  of  housing  accommodations  exclusively  for
    30  persons  sixty-two  years  of age or older, or intended and operated for
    31  occupancy by at least one person fifty-five years of age  or  older  per
    32  unit.  In determining whether housing is intended and operated for occu-
    33  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    34  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    35  amended, shall apply.
    36    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    37  estate broker, real estate salesperson or employee or agent thereof:
    38    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    39  or commercial space to any person or group of persons or  to  refuse  to
    40  negotiate  for  the sale, rental or lease, of any housing accommodation,
    41  land or commercial space to any person or group of  persons  because  of
    42  the  race,  creed,  color,  national  origin, citizenship or immigration
    43  status, sexual orientation,  gender  identity  or  expression,  military
    44  status, sex, age, disability, marital status, lawful source of income or
    45  familial  status  of  such  person  or persons, or to represent that any
    46  housing accommodation, land or commercial space  is  not  available  for
    47  inspection,  sale,  rental  or lease when in fact it is so available, or
    48  otherwise to deny or withhold any housing accommodation, land or commer-
    49  cial space or any facilities  of  any  housing  accommodation,  land  or
    50  commercial  space  from  any  person  or group of persons because of the
    51  race, creed, color, national origin, citizenship or immigration  status,
    52  sexual orientation, gender identity or expression, military status, sex,
    53  age,  disability,  marital  status,  lawful source of income or familial
    54  status of such person or persons.
    55    (2) To print or circulate or cause to be  printed  or  circulated  any
    56  statement,  advertisement or publication, or to use any form of applica-

        A. 6328--A                          8
 
     1  tion for the purchase, rental or lease  of  any  housing  accommodation,
     2  land  or commercial space or to make any record or inquiry in connection
     3  with the prospective purchase, rental or lease of any  housing  accommo-
     4  dation,  land or commercial space which expresses, directly or indirect-
     5  ly, any limitation, specification, or discrimination as to race,  creed,
     6  color, national origin, citizenship or immigration status, sexual orien-
     7  tation,  gender identity or expression, military status, sex, age, disa-
     8  bility, marital status, lawful source of income or familial  status;  or
     9  any intent to make any such limitation, specification or discrimination.
    10    (3)  With  respect  to age and familial status, the provisions of this
    11  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    12  lease of any housing accommodation, land or commercial space exclusively
    13  to  persons  fifty-five years of age or older and the spouse of any such
    14  person, or to the restriction of the sale, rental or lease of any  hous-
    15  ing accommodation or land to be used for the construction or location of
    16  housing  accommodations  for persons sixty-two years of age or older, or
    17  intended and operated for occupancy by at least  one  person  fifty-five
    18  years  of  age  or  older  per  unit.  In determining whether housing is
    19  intended and operated for occupancy by persons fifty-five years  of  age
    20  or  older,  Sec.  807  (b)  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    21  federal Fair Housing Act of 1988, as amended, shall apply.
    22    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    23  estate  board, because of the race, creed, color, national origin, citi-
    24  zenship or immigration status, sexual orientation,  gender  identity  or
    25  expression,  military  status,  age,  sex,  disability,  marital status,
    26  lawful source of income or familial status  of  any  individual  who  is
    27  otherwise  qualified for membership, to exclude or expel such individual
    28  from membership, or to  discriminate  against  such  individual  in  the
    29  terms, conditions and privileges of membership in such board.
    30    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    31  proprietor or managing agent of, or other person  having  the  right  to
    32  provide care and services in, a private proprietary nursing home, conva-
    33  lescent  home,  or home for adults, or an intermediate care facility, as
    34  defined  in  section  two  of  the  social  services   law,   heretofore
    35  constructed,  or to be constructed, or any agent or employee thereof, to
    36  refuse to provide services and care in such  home  or  facility  to  any
    37  individual  or  to  discriminate  against  any  individual in the terms,
    38  conditions, and privileges of such services and care solely because such
    39  individual is a blind person. For purposes of this paragraph,  a  "blind
    40  person" shall mean a person who is registered as a blind person with the
    41  commission  for the visually handicapped and who meets the definition of
    42  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    43  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    44  establish a state commission for improving the condition of the blind of
    45  the state of New York, and making an appropriation therefor".
    46    (f) The provisions of this subdivision, as they relate to  age,  shall
    47  not apply to persons under the age of eighteen years.
    48    (g)  It  shall  be  an unlawful discriminatory practice for any person
    49  offering or providing housing accommodations, land or  commercial  space
    50  as described in paragraphs (a), (b), and (c) of this subdivision to make
    51  or  cause  to  be  made any written or oral inquiry or record concerning
    52  membership of any person in the state organized militia in  relation  to
    53  the  purchase,  rental  or lease of such housing accommodation, land, or
    54  commercial space, provided, however, that nothing  in  this  subdivision
    55  shall  prohibit a member of the state organized militia from voluntarily
    56  disclosing such membership.

        A. 6328--A                          9
 
     1    § 9. Paragraph (a) of subdivision 9 of section 296  of  the  executive
     2  law,  as amended by chapter 8 of the laws of 2019, is amended to read as
     3  follows:
     4    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
     5  department or fire company therein, through any member or members there-
     6  of, officers, board of fire commissioners or other body or office having
     7  power of appointment of volunteer firefighters, directly or  indirectly,
     8  by ritualistic practice, constitutional or by-law prescription, by tacit
     9  agreement  among  its  members,  or otherwise, to deny to any individual
    10  membership in any volunteer fire department or fire company therein,  or
    11  to  expel or discriminate against any volunteer member of a fire depart-
    12  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    13  national  origin, citizenship or immigration status, sexual orientation,
    14  gender identity or expression, military status, sex, marital status,  or
    15  familial status, of such individual.
    16    §  10.  Subdivision 13 of section 296 of the executive law, as amended
    17  by chapter 8 of the laws of 2019, is amended to read as follows:
    18    13. It shall be an unlawful discriminatory practice (i) for any person
    19  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    20  with, or otherwise discriminate against any person, because of the race,
    21  creed, color, national origin, citizenship or immigration status, sexual
    22  orientation,  gender identity or expression, military status, sex, disa-
    23  bility, or familial status, of such person, or of  such  person's  part-
    24  ners,  members, stockholders, directors, officers, managers, superinten-
    25  dents, agents, employees, business associates, suppliers  or  customers,
    26  or  (ii) for any person wilfully to do any act or refrain from doing any
    27  act which enables any such person to take such action. This  subdivision
    28  shall not apply to:
    29    (a) Boycotts connected with labor disputes; or
    30    (b) Boycotts to protest unlawful discriminatory practices.
    31    §  11.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
    32  as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
    33  follows:
    34    1. It shall be an unlawful discriminatory practice for any creditor or
    35  any officer, agent or employee thereof:
    36    a.  In  the  case  of  applications  for  credit  with  respect to the
    37  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
    38  nance of any housing accommodation, land or commercial space to discrim-
    39  inate  against  any  such  applicant  because of the race, creed, color,
    40  national origin, citizenship or immigration status, sexual  orientation,
    41  gender  identity  or  expression,  military  status,  age,  sex, marital
    42  status, disability, or familial status of such applicant  or  applicants
    43  or any member, stockholder, director, officer or employee of such appli-
    44  cant  or  applicants, or of the prospective occupants or tenants of such
    45  housing accommodation, land or commercial space, in the granting,  with-
    46  holding,  extending or renewing, or in the fixing of the rates, terms or
    47  conditions of, any such credit;
    48    b. To discriminate in the granting, withholding, extending  or  renew-
    49  ing,  or in the fixing of the rates, terms or conditions of, any form of
    50  credit, on the basis of race, creed, color, national origin, citizenship
    51  or  immigration  status,  sexual   orientation,   gender   identity   or
    52  expression,  military  status,  age, sex, marital status, disability, or
    53  familial status;
    54    c. To use any form of application for credit or use or make any record
    55  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
    56  specification,  or  discrimination  as  to  race, creed, color, national

        A. 6328--A                         10
 
     1  origin, citizenship or immigration status,  sexual  orientation,  gender
     2  identity or expression, military status, age, sex, marital status, disa-
     3  bility, or familial status;
     4    d.  To make any inquiry of an applicant concerning his or her capacity
     5  to reproduce, or his or her use or advocacy of any form of birth control
     6  or family planning;
     7    e. To refuse to consider  sources  of  an  applicant's  income  or  to
     8  subject  an  applicant's  income  to  discounting,  in whole or in part,
     9  because of an applicant's race, creed, color, national origin,  citizen-
    10  ship  or  immigration  status,  sexual  orientation,  gender identity or
    11  expression, military status,  age,  sex,  marital  status,  childbearing
    12  potential, disability, or familial status;
    13    f.  To  discriminate  against  a  married  person  because such person
    14  neither uses nor is known by the surname of his or her spouse.
    15    This paragraph shall not apply to any situation where  the  use  of  a
    16  surname would constitute or result in a criminal act.
    17    2. Without limiting the generality of subdivision one of this section,
    18  it  shall  be considered discriminatory if, because of an applicant's or
    19  class of applicants' race, creed, color, national origin, citizenship or
    20  immigration status,  sexual orientation, gender identity or  expression,
    21  military  status,  age,  sex,  marital status or disability, or familial
    22  status, (i) an applicant or class of  applicants  is  denied  credit  in
    23  circumstances  where  other applicants of like overall credit worthiness
    24  are granted credit, or (ii) special requirements or conditions, such  as
    25  requiring  co-obligors  or reapplication upon marriage, are imposed upon
    26  an applicant or class  of  applicants  in  circumstances  where  similar
    27  requirements or conditions are not imposed upon other applicants of like
    28  overall credit worthiness.
    29    3.  It  shall  not  be  considered  discriminatory if credit differen-
    30  tiations or decisions are based upon  factually  supportable,  objective
    31  differences  in applicants' overall credit worthiness, which may include
    32  reference to such factors as current income,  assets  and  prior  credit
    33  history  of  such applicants, as well as reference to any other relevant
    34  factually supportable data; provided, however, that  no  creditor  shall
    35  consider, in evaluating the credit worthiness of an applicant, aggregate
    36  statistics  or  assumptions  relating  to  race,  creed, color, national
    37  origin, citizenship or immigration status,  sexual  orientation,  gender
    38  identity or expression, military status, sex, marital status or disabil-
    39  ity,  or  to  the  likelihood of any group of persons bearing or rearing
    40  children, or for that reason receiving diminished or interrupted  income
    41  in the future.
    42    § 12. Subdivision 2 of section 296-c of the executive law, as added by
    43  chapter 97 of the laws of 2014, is amended to read as follows:
    44    2. It shall be an unlawful discriminatory practice for an employer to:
    45    a.  refuse to hire or employ or to bar or to discharge from internship
    46  an intern or to discriminate against such intern in terms, conditions or
    47  privileges of employment as an intern because of the intern's age, race,
    48  creed, color, national origin, citizenship or immigration status, sexual
    49  orientation, military  status,  sex,  disability,  predisposing  genetic
    50  characteristics, marital status, or domestic violence victim status;
    51    b. discriminate against an intern in receiving, classifying, disposing
    52  or  otherwise  acting  upon  applications for internships because of the
    53  intern's age, race, creed, color, national origin, citizenship or  immi-
    54  gration  status,  sexual  orientation, military status, sex, disability,
    55  predisposing  genetic  characteristics,  marital  status,  or   domestic
    56  violence victim status;

        A. 6328--A                         11
 
     1    c.  print or circulate or cause to be printed or circulated any state-
     2  ment, advertisement or publication, or to use any  form  of  application
     3  for  employment  as  an intern or to make any inquiry in connection with
     4  prospective employment, which  expresses  directly  or  indirectly,  any
     5  limitation,  specification  or  discrimination  as  to age, race, creed,
     6  color, national origin, citizenship or immigration status, sexual orien-
     7  tation, military status, sex, disability, predisposing  genetic  charac-
     8  teristics,  marital  status  or  domestic violence victim status, or any
     9  intent to make any such  limitation,  specification  or  discrimination,
    10  unless  based  upon  a  bona  fide occupational qualification; provided,
    11  however, that neither this paragraph nor any provision of  this  chapter
    12  or  other  law  shall  be  construed to prohibit the department of civil
    13  service or the department of personnel of any city containing more  than
    14  one county from requesting information from applicants for civil service
    15  internships or examinations concerning any of the aforementioned charac-
    16  teristics,  other than sexual orientation, for the purpose of conducting
    17  studies to identify and resolve possible  problems  in  recruitment  and
    18  testing of members of minority groups to insure the fairest possible and
    19  equal opportunities for employment in the civil service for all persons,
    20  regardless  of  age, race, creed, color, national origin, citizenship or
    21  immigration status, sexual orientation, military status, sex,  disabili-
    22  ty,  predisposing  genetic  characteristics,  marital status or domestic
    23  violence victim status;
    24    d. to discharge, expel or otherwise discriminate  against  any  person
    25  because he or she has opposed any practices forbidden under this article
    26  or because he or she has filed a complaint, testified or assisted in any
    27  proceeding under this article; or
    28    e.  to  compel  an  intern who is pregnant to take a leave of absence,
    29  unless the intern is prevented by such  pregnancy  from  performing  the
    30  activities involved in the job or occupation in a reasonable manner.
    31    §  13.  Paragraph b of subdivision 3 of section 296-c of the executive
    32  law, as added by chapter 97 of the laws of 2014, is amended to  read  as
    33  follows:
    34    b.  subject an intern to unwelcome harassment based on age, sex, race,
    35  creed, color, sexual orientation, military status,  disability,  predis-
    36  posing genetic characteristics, marital status, domestic violence victim
    37  status,  [or]  national  origin,  or  citizenship or immigration status,
    38  where such harassment has the purpose or effect of  unreasonably  inter-
    39  fering  with  the intern's work performance by creating an intimidating,
    40  hostile, or offensive working environment.
    41    § 14. Subdivisions 9 and 10 of section 63 of  the  executive  law,  as
    42  amended  by  chapter  160  of  the  laws of 2019, are amended to read as
    43  follows:
    44    9. Bring and prosecute or defend upon request of the  commissioner  of
    45  labor  or  the  state  division  of  human  rights,  any civil action or
    46  proceeding, the institution or defense  of  which  in  his  judgment  is
    47  necessary  for  effective  enforcement of the laws of this state against
    48  discrimination by reason of  age,  race,  sex,  creed,  color,  national
    49  origin,  sexual  orientation,  gender  identity  or expression, military
    50  status,  disability,  predisposing  genetic  characteristics,   familial
    51  status,  marital  status, citizenship or immigration status, or domestic
    52  violence victim status, or for enforcement of any order or determination
    53  of such commissioner or division made pursuant to such laws.
    54    10. Prosecute every person charged with the commission of  a  criminal
    55  offense  in violation of any of the laws of this state against discrimi-
    56  nation because of age, race, sex, creed, color, national origin,  sexual

        A. 6328--A                         12

     1  orientation, gender identity or expression, military status, disability,
     2  predisposing  genetic  characteristics, familial status, marital status,
     3  citizenship or immigration status, or domestic violence  victim  status,
     4  in any case where in his judgment, because of the extent of the offense,
     5  such prosecution cannot be effectively carried on by the district attor-
     6  ney of the county wherein the offense or a portion thereof is alleged to
     7  have  been committed, or where in his judgment the district attorney has
     8  erroneously failed or refused to prosecute. In all such proceedings, the
     9  attorney-general may appear in person or  by  his  deputy  or  assistant
    10  before  any  court  or  any  grand  jury and exercise all the powers and
    11  perform all the duties in respect of such actions or  proceedings  which
    12  the district attorney would otherwise be authorized or required to exer-
    13  cise or perform.
    14    § 15. This act shall take effect immediately.
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