S 8444: Prohibits discrimination based upon housing status.

  
  STATE OF NEW YORK ________________________________________________________________________ 8444 2025-2026 Regular Sessions  IN SENATE June 18, 2025 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, the civil rights law and the educa- tion law, in relation to prohibiting discrimination based on housing status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature reaffirms 2 that the state has the responsibility to act to assure that every indi- 3 vidual within this state is afforded an equal opportunity to enjoy a 4 full and productive life, and that the failure to provide such equal 5 opportunity, whether because of discrimination, prejudice, intolerance, 6 or inadequate education, training, housing or health care not only 7 threatens the rights and proper privileges of its inhabitants but 8 menaces the institutions and foundation of a free democratic state and 9 threatens the peace, order, health, safety and general welfare of the 10 state and its inhabitants. 11 The legislature further finds that many residents of this state have 12 encountered prejudice on account of housing status, and that this preju- 13 dice has severely limited or actually prevented access to employment, 14 housing and other basic necessities of life, leading to deprivation and 15 suffering. The legislature further recognizes that this prejudice has 16 fostered a general climate of hostility and distrust, leading in some 17 instances to physical violence against those perceived to be experienc- 18 ing homelessness. 19 This legislation is intended to codify this principle and to ensure 20 that the public understands that discrimination on the basis of some- 21 one's housing status is prohibited. 22 § 2. Subdivisions 9 and 10 of section 63 of the executive law, as 23 amended by chapter 748 of the laws of 2022, are amended to read as 24 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13045-02-5 
 S. 8444 2 1 9. Bring and prosecute or defend upon request of the commissioner of 2 labor or the state division of human rights, any civil action or 3 proceeding, the institution or defense of which in [his] such attorney 4 general's judgment is necessary for effective enforcement of the laws of 5 this state against discrimination by reason of age, race, sex, creed, 6 color, national origin, sexual orientation, housing status, gender iden- 7 tity or expression, military status, disability, predisposing genetic 8 characteristics, familial status, marital status, citizenship or immi- 9 gration status, or domestic violence victim status, or for enforcement 10 of any order or determination of such commissioner or division made 11 pursuant to such laws. 12 10. Prosecute every person charged with the commission of a criminal 13 offense in violation of any of the laws of this state against discrimi- 14 nation because of age, race, sex, creed, color, national origin, sexual 15 orientation, housing status, gender identity or expression, military 16 status, disability, predisposing genetic characteristics, familial 17 status, marital status, citizenship or immigration status, or domestic 18 violence victim status, in any case where in [his] such attorney gener- 19 al's judgment, because of the extent of the offense, such prosecution 20 cannot be effectively carried on by the district attorney of the county 21 wherein the offense or a portion thereof is alleged to have been commit- 22 ted, or where in [his] such attorney general's judgment the district 23 attorney has erroneously failed or refused to prosecute. In all such 24 proceedings, the attorney general may appear in person or by [his] such 25 attorney general's deputy or assistant before any court or any grand 26 jury and exercise all the powers and perform all the duties in respect 27 of such actions or proceedings which the district attorney would other- 28 wise be authorized or required to exercise or perform. 29 § 3. Subdivisions 1 and 2 of section 291 of the executive law, as 30 amended by chapter 8 of the laws of 2019, are amended to read as 31 follows: 32 1. The opportunity to obtain employment without discrimination because 33 of age, race, creed, color, national origin, sexual orientation, housing 34 status, gender identity or expression, military status, sex, marital 35 status, or disability, is hereby recognized as and declared to be a 36 civil right. 37 2. The opportunity to obtain education, the use of places of public 38 accommodation and the ownership, use and occupancy of housing accommo- 39 dations and commercial space without discrimination because of age, 40 race, creed, color, national origin, sexual orientation, housing status, 41 gender identity or expression, military status, sex, marital status, or 42 disability, as specified in section two hundred ninety-six of this arti- 43 cle, is hereby recognized as and declared to be a civil right. 44 § 4. Section 292 of the executive law is amended by adding a new 45 subdivision 42 to read as follows: 46 42. The term "housing status" means the set of circumstances in which 47 an individual or family lacks a fixed, regular, and adequate nighttime 48 residence, resides in a place not designed for or ordinarily used as a 49 regular sleeping accommodation for human beings, such as a car, public 50 sidewalk or street, hallway, bus or train station, lobby or similar 51 place, resides in a residential program for victims of domestic violence 52 or runaway and homeless youth, or resides in a supervised publicly or 53 privately operated shelter designed to provide temporary living arrange- 54 ments, including hotels and motels paid for by federal, state, or local 55 government programs or by charitable organizations, congregate shelters, 56 safe havens or transitional housing. 
 S. 8444 3 1 § 5. Subdivisions 8 and 9 of section 295 of the executive law, as 2 amended by chapter 8 of the laws of 2019, are amended to read as 3 follows: 4 8. To create such advisory councils, local, regional or state-wide, as 5 in its judgment will aid in effectuating the purposes of this article 6 and of section eleven of article one of the constitution of this state, 7 and the division may empower them to study the problems of discrimi- 8 nation in all or specific fields of human relationships or in specific 9 instances of discrimination because of age, race, creed, color, national 10 origin, sexual orientation, housing status, gender identity or 11 expression, military status, sex, disability or marital status and make 12 recommendations to the division for the development of policies and 13 procedures in general and in specific instances. The advisory councils 14 also shall disseminate information about the division's activities to 15 organizations and individuals in their localities. Such advisory coun- 16 cils shall be composed of representative citizens, serving without pay, 17 but with reimbursement for actual and necessary traveling expenses; and 18 the division may make provision for technical and clerical assistance to 19 such councils and for the expenses of such assistance. 20 9. To develop human rights plans and policies for the state and assist 21 in their execution and to make investigations and studies appropriate to 22 effectuate this article and to issue such publications and such results 23 of investigations and research as in its judgement will tend to inform 24 persons of the rights assured and remedies provided under this article, 25 to promote good-will and minimize or eliminate discrimination because of 26 age, race, creed, color, national origin, sexual orientation, housing 27 status, gender identity or expression, military status, sex, disability 28 or marital status. 29 § 6. Paragraphs (a), (b), (c), (d) and (h) of subdivision 1 of section 30 296 of the executive law, as separately amended by chapters 202 and 748 31 of the laws of 2022, are amended to read as follows: 32 (a) For an employer or licensing agency, because of an individual's 33 age, race, creed, color, national origin, citizenship or immigration 34 status, sexual orientation, housing status, gender identity or 35 expression, military status, sex, disability, predisposing genetic char- 36 acteristics, familial status, marital status, or status as a victim of 37 domestic violence, to refuse to hire or employ or to bar or to discharge 38 from employment such individual or to discriminate against such individ- 39 ual in compensation or in terms, conditions or privileges of employment. 40 (b) For an employment agency to discriminate against any individual 41 because of age, race, creed, color, national origin, citizenship or 42 immigration status, sexual orientation, housing status, gender identity 43 or expression, military status, sex, disability, predisposing genetic 44 characteristics, familial status, marital status, or status as a victim 45 of domestic violence, in receiving, classifying, disposing or otherwise 46 acting upon applications for its services or in referring an applicant 47 or applicants to an employer or employers. 48 (c) For a labor organization, because of the age, race, creed, color, 49 national origin, citizenship or immigration status, sexual orientation, 50 housing status, gender identity or expression, military status, sex, 51 disability, predisposing genetic characteristics, familial status, mari- 52 tal status, or status as a victim of domestic violence, of any individ- 53 ual, to exclude or to expel from its membership such individual or to 54 discriminate in any way against any of its members or against any 55 employer or any individual employed by an employer. 
 S. 8444 4 1 (d) For any employer or employment agency to print or circulate or 2 cause to be printed or circulated any statement, advertisement or publi- 3 cation, or to use any form of application for employment or to make any 4 inquiry in connection with prospective employment, which expresses 5 directly or indirectly, any limitation, specification or discrimination 6 as to age, race, creed, color, national origin, citizenship or immi- 7 gration status, sexual orientation, housing status, gender identity or 8 expression, military status, sex, disability, predisposing genetic char- 9 acteristics, familial status, marital status, or status as a victim of 10 domestic violence, or any intent to make any such limitation, specifica- 11 tion or discrimination, unless based upon a bona fide occupational qual- 12 ification; provided, however, that neither this paragraph nor any 13 provision of this chapter or other law shall be construed to prohibit 14 the department of civil service or the department of personnel of any 15 city containing more than one county from requesting information from 16 applicants for civil service examinations concerning any of the afore- 17 mentioned characteristics, other than sexual orientation, for the 18 purpose of conducting studies to identify and resolve possible problems 19 in recruitment and testing of members of minority groups to ensure the 20 fairest possible and equal opportunities for employment in the civil 21 service for all persons, regardless of age, race, creed, color, national 22 origin, citizenship or immigration status, housing status, sexual orien- 23 tation or gender identity or expression, military status, sex, disabili- 24 ty, predisposing genetic characteristics, familial status, or marital 25 status. 26 (h) For an employer, licensing agency, employment agency or labor 27 organization to subject any individual to harassment because of an indi- 28 vidual's age, race, creed, color, national origin, citizenship or immi- 29 gration status, sexual orientation, housing status, gender identity or 30 expression, military status, sex, disability, predisposing genetic char- 31 acteristics, familial status, marital status, status as a victim of 32 domestic violence, or because the individual has opposed any practices 33 forbidden under this article or because the individual has filed a 34 complaint, testified or assisted in any proceeding under this article, 35 regardless of whether such harassment would be considered severe or 36 pervasive under precedent applied to harassment claims. Such harassment 37 is an unlawful discriminatory practice when it subjects an individual to 38 inferior terms, conditions or privileges of employment because of the 39 individual's membership in one or more of these protected categories. 40 The fact that such individual did not make a complaint about the harass- 41 ment to such employer, licensing agency, employment agency or labor 42 organization shall not be determinative of whether such employer, 43 licensing agency, employment agency or labor organization shall be 44 liable. Nothing in this section shall imply that an employee must demon- 45 strate the existence of an individual to whom the employee's treatment 46 must be compared. It shall be an affirmative defense to liability under 47 this subdivision that the harassing conduct does not rise above the 48 level of what a reasonable victim of discrimination with the same 49 protected characteristic or characteristics would consider petty slights 50 or trivial inconveniences. 51 § 7. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 52 the executive law, as separately amended by chapters 202 and 748 of the 53 laws of 2022, are amended to read as follows: 54 (b) To deny to or withhold from any person because of race, creed, 55 color, national origin, citizenship or immigration status, sexual orien- 56 tation, housing status, gender identity or expression, military status, 
 S. 8444 5 1 sex, age, disability, familial status, marital status, or status as a 2 victim of domestic violence, the right to be admitted to or participate 3 in a guidance program, an apprenticeship training program, on-the-job 4 training program, executive training program, or other occupational 5 training or retraining program; 6 (c) To discriminate against any person in [his or her] the person's 7 pursuit of such programs or to discriminate against such a person in the 8 terms, conditions or privileges of such programs because of race, creed, 9 color, national origin, citizenship or immigration status, sexual orien- 10 tation, housing status, gender identity or expression, military status, 11 sex, age, disability, familial status, marital status, or status as a 12 victim of domestic violence; 13 (d) 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 such programs or to make any inquiry in connection with such 16 program which expresses, directly or indirectly, any limitation, spec- 17 ification or discrimination as to race, creed, color, national origin, 18 citizenship or immigration status, sexual orientation, housing status, 19 gender identity or expression, military status, sex, age, disability, 20 familial status, marital status, or status as a victim of domestic 21 violence, or any intention to make any such limitation, specification or 22 discrimination, unless based on a bona fide occupational qualification. 23 § 8. Paragraph (a) of subdivision 2 of section 296 of the executive 24 law, as separately amended by chapters 202 and 748 of the laws of 2022, 25 is amended to read as follows: 26 (a) It shall be an unlawful discriminatory practice for any person, 27 being the owner, lessee, proprietor, manager, superintendent, agent or 28 employee of any place of public accommodation, resort or amusement, 29 because of the race, creed, color, national origin, citizenship or immi- 30 gration status, sexual orientation, housing status, gender identity or 31 expression, military status, sex, disability, marital status, or status 32 as a victim of domestic violence, of any person, directly or indirectly, 33 to refuse, withhold from or deny to such person any of the accommo- 34 dations, advantages, facilities or privileges thereof, including the 35 extension of credit, or, directly or indirectly, to publish, circulate, 36 issue, display, post or mail any written or printed communication, 37 notice or advertisement, to the effect that any of the accommodations, 38 advantages, facilities and privileges of any such place shall be 39 refused, withheld from or denied to any person on account of race, 40 creed, color, national origin, citizenship or immigration status, sexual 41 orientation, housing status, gender identity or expression, military 42 status, sex, disability or marital status, or that the patronage or 43 custom thereat of any person of or purporting to be of any particular 44 race, creed, color, national origin, citizenship or immigration status, 45 sexual orientation, housing status, gender identity or expression, mili- 46 tary status, sex or marital status, or having a disability is unwelcome, 47 objectionable or not acceptable, desired or solicited. 48 § 9. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 49 296 of the executive law, as separately amended by chapters 202 and 748 50 of the laws of 2022, are amended to read as follows: 51 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 52 hold from any person or group of persons such housing accommodations 53 because of the race, creed, color, disability, national origin, citizen- 54 ship or immigration status, sexual orientation, housing status, gender 55 identity or expression, military status, age, sex, marital status, 56 status as a victim of domestic violence, lawful source of income or 
 S. 8444 6 1 familial status of such person or persons, or to represent that any 2 housing accommodation or land is not available for inspection, sale, 3 rental or lease when in fact it is so available. 4 (b) To discriminate against any person because of [his or her] such 5 person's race, creed, color, disability, national origin, citizenship or 6 immigration status, sexual orientation, housing status, gender identity 7 or expression, military status, age, sex, marital status, status as a 8 victim of domestic violence, lawful source of income or familial status 9 in the terms, conditions or privileges of any publicly-assisted housing 10 accommodations or in the furnishing of facilities or services in 11 connection therewith. 12 (c) To cause to be made any written or oral inquiry or record concern- 13 ing the race, creed, color, disability, national origin, citizenship or 14 immigration status, sexual orientation, housing status, gender identity 15 or expression, membership in the reserve armed forces of the United 16 States or in the organized militia of the state, age, sex, marital 17 status, status as a victim of domestic violence, lawful source of income 18 or familial status of a person seeking to rent or lease any publicly-as- 19 sisted housing accommodation; provided, however, that nothing in this 20 subdivision shall prohibit a member of the reserve armed forces of the 21 United States or in the organized militia of the state from voluntarily 22 disclosing such membership. 23 (c-1) To print or circulate or cause to be printed or circulated any 24 statement, advertisement or publication, or to use any form of applica- 25 tion for the purchase, rental or lease of such housing accommodation or 26 to make any record or inquiry in connection with the prospective 27 purchase, rental or lease of such a housing accommodation which 28 expresses, directly or indirectly, any limitation, specification or 29 discrimination as to race, creed, color, national origin, citizenship or 30 immigration status, sexual orientation, housing status, gender identity 31 or expression, military status, sex, age, disability, marital status, 32 status as a victim of domestic violence, lawful source of income or 33 familial status, or any intent to make any such limitation, specifica- 34 tion or discrimination. 35 § 10. Subdivision 3-b of section 296 of the executive law, as sepa- 36 rately amended by chapters 202 and 748 of the laws of 2022, is amended 37 to read as follows: 38 3-b. It shall be an unlawful discriminatory practice for any real 39 estate broker, real estate salesperson or employee or agent thereof or 40 any other individual, corporation, partnership or organization for the 41 purpose of inducing a real estate transaction from which any such person 42 or any of its stockholders or members may benefit financially, to repre- 43 sent that a change has occurred or will or may occur in the composition 44 with respect to race, creed, color, national origin, citizenship or 45 immigration status, sexual orientation, housing status, gender identity 46 or expression, military status, sex, disability, marital status, status 47 as a victim of domestic violence, or familial status of the owners or 48 occupants in the block, neighborhood or area in which the real property 49 is located, and to represent, directly or indirectly, that this change 50 will or may result in undesirable consequences in the block, neighbor- 51 hood or area in which the real property is located, including but not 52 limited to the lowering of property values, an increase in criminal or 53 anti-social behavior, or a decline in the quality of schools or other 54 facilities. 
 S. 8444 7 1 § 11. Subdivision 4 of section 296 of the executive law, as separately 2 amended by chapters 202 and 748 of the laws of 2022, is amended to read 3 as follows: 4 4. It shall be an unlawful discriminatory practice for an educational 5 institution to deny the use of its facilities to any person otherwise 6 qualified, or to permit the harassment of any student or applicant, by 7 reason of [his] such person's race, color, religion, disability, 8 national origin, citizenship or immigration status, sexual orientation, 9 housing status, gender identity or expression, military status, sex, 10 age, marital status, or status as a victim of domestic violence, except 11 that any such institution which establishes or maintains a policy of 12 educating persons of one sex exclusively may admit students of only one 13 sex. 14 § 12. Subdivision 5 of section 296 of the executive law, as separately 15 amended by chapters 202 and 748 of the laws of 2022, is amended to read 16 as follows: 17 5. (a) It shall be an unlawful discriminatory practice for the owner, 18 lessee, sub-lessee, assignee, or managing agent of, or other person 19 having the right to sell, rent or lease a housing accommodation, 20 constructed or to be constructed, or any agent or employee thereof: 21 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 22 from any person or group of persons such a housing accommodation because 23 of the race, creed, color, national origin, citizenship or immigration 24 status, sexual orientation, housing status, gender identity or 25 expression, military status, sex, age, disability, marital status, 26 status as a victim of domestic violence, lawful source of income or 27 familial status of such person or persons, or to represent that any 28 housing accommodation or land is not available for inspection, sale, 29 rental or lease when in fact it is so available. 30 (2) To discriminate against any person because of race, creed, color, 31 national origin, citizenship or immigration status, sexual orientation, 32 housing status, gender identity or expression, military status, sex, 33 age, disability, marital status, status as a victim of domestic 34 violence, lawful source of income or familial status in the terms, 35 conditions or privileges of the sale, rental or lease of any such hous- 36 ing accommodation or in the furnishing of facilities or services in 37 connection therewith. 38 (3) To print or circulate or cause to be printed or circulated any 39 statement, advertisement or publication, or to use any form of applica- 40 tion for the purchase, rental or lease of such housing accommodation or 41 to make any record or inquiry in connection with the prospective 42 purchase, rental or lease of such a housing accommodation which 43 expresses, directly or indirectly, any limitation, specification or 44 discrimination as to race, creed, color, national origin, citizenship or 45 immigration status, sexual orientation, housing status, gender identity 46 or expression, military status, sex, age, disability, marital status, 47 status as a victim of domestic violence, lawful source of income or 48 familial status, or any intent to make any such limitation, specifica- 49 tion or discrimination. 50 (4) (i) The provisions of subparagraphs one and two of this paragraph 51 shall not apply (1) to the rental of a housing accommodation in a build- 52 ing which contains housing accommodations for not more than two families 53 living independently of each other, if the owner resides in one of such 54 housing accommodations, (2) to the restriction of the rental of all 55 rooms in a housing accommodation to individuals of the same sex or (3) 56 to the rental of a room or rooms in a housing accommodation, if such 
 S. 8444 8 1 rental is by the occupant of the housing accommodation or by the owner 2 of the housing accommodation and the owner resides in such housing 3 accommodation or (4) solely with respect to age and familial status to 4 the restriction of the sale, rental or lease of housing accommodations 5 exclusively to persons sixty-two years of age or older and the spouse of 6 any such person, or for housing intended and operated for occupancy by 7 at least one person fifty-five years of age or older per unit. In deter- 8 mining whether housing is intended and operated for occupancy by persons 9 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 10 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 11 apply. However, such rental property shall no longer be exempt from the 12 provisions of subparagraphs one and two of this paragraph if there is 13 unlawful discriminatory conduct pursuant to subparagraph three of this 14 paragraph. 15 (ii) The provisions of subparagraphs one, two, and three of this para- 16 graph shall not apply (1) to the restriction of the rental of all rooms 17 in a housing accommodation to individuals of the same sex, (2) to the 18 rental of a room or rooms in a housing accommodation, if such rental is 19 by the occupant of the housing accommodation or by the owner of the 20 housing accommodation and the owner resides in such housing accommo- 21 dation, or (3) solely with respect to age and familial status to the 22 restriction of the sale, rental or lease of housing accommodations 23 exclusively to persons sixty-two years of age or older and the spouse of 24 any such person, or for housing intended and operated for occupancy by 25 at least one person fifty-five years of age or older per unit. In deter- 26 mining whether housing is intended and operated for occupancy by persons 27 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 28 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 29 apply. 30 (b) It shall be an unlawful discriminatory practice for the owner, 31 lessee, sub-lessee, or managing agent of, or other person having the 32 right of ownership or possession of or the right to sell, rent or lease, 33 land or commercial space: 34 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 35 from any person or group of persons land or commercial space because of 36 the race, creed, color, national origin, citizenship or immigration 37 status, sexual orientation, housing status, gender identity or 38 expression, military status, sex, age, disability, marital status, 39 status as a victim of domestic violence, or familial status of such 40 person or persons, or to represent that any housing accommodation or 41 land is not available for inspection, sale, rental or lease when in fact 42 it is so available; 43 (2) To discriminate against any person because of race, creed, color, 44 national origin, citizenship or immigration status, sexual orientation, 45 housing status, gender identity or expression, military status, sex, 46 age, disability, marital status, status as a victim of domestic 47 violence, or familial status in the terms, conditions or privileges of 48 the sale, rental or lease of any such land or commercial space; or in 49 the furnishing of facilities or services in connection therewith; 50 (3) 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 land or commercial space 53 or to make any record or inquiry in connection with the prospective 54 purchase, rental or lease of such land or commercial space which 55 expresses, directly or indirectly, any limitation, specification or 56 discrimination as to race, creed, color, national origin, citizenship or 
 S. 8444 9 1 immigration status, sexual orientation, housing status, gender identity 2 or expression, military status, sex, age, disability, marital status, 3 status as a victim of domestic violence, or familial status; or any 4 intent to make any such limitation, specification or discrimination. 5 (4) With respect to age and familial status, the provisions of this 6 paragraph shall not apply to the restriction of the sale, rental or 7 lease of land or commercial space exclusively to persons fifty-five 8 years of age or older and the spouse of any such person, or to the 9 restriction of the sale, rental or lease of land to be used for the 10 construction, or location of housing accommodations exclusively for 11 persons sixty-two years of age or older, or intended and operated for 12 occupancy by at least one person fifty-five years of age or older per 13 unit. In determining whether housing is intended and operated for occu- 14 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 15 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 16 amended, shall apply. 17 (c) It shall be an unlawful discriminatory practice for any real 18 estate broker, real estate salesperson or employee or agent thereof: 19 (1) To refuse to sell, rent or lease any housing accommodation, land 20 or commercial space to any person or group of persons or to refuse to 21 negotiate for the sale, rental or lease, of any housing accommodation, 22 land or commercial space to any person or group of persons because of 23 the race, creed, color, national origin, citizenship or immigration 24 status, sexual orientation, housing status, gender identity or 25 expression, military status, sex, age, disability, marital status, 26 status as a victim of domestic violence, lawful source of income or 27 familial status of such person or persons, or to represent that any 28 housing accommodation, land or commercial space is not available for 29 inspection, sale, rental or lease when in fact it is so available, or 30 otherwise to deny or withhold any housing accommodation, land or commer- 31 cial space or any facilities of any housing accommodation, land or 32 commercial space from any person or group of persons because of the 33 race, creed, color, national origin, citizenship or immigration status, 34 sexual orientation, housing status, gender identity or expression, mili- 35 tary status, sex, age, disability, marital status, lawful source of 36 income or familial status of such person or persons. 37 (2) To print or circulate or cause to be printed or circulated any 38 statement, advertisement or publication, or to use any form of applica- 39 tion for the purchase, rental or lease of any housing accommodation, 40 land or commercial space or to make any record or inquiry in connection 41 with the prospective purchase, rental or lease of any housing accommo- 42 dation, land or commercial space which expresses, directly or indirect- 43 ly, any limitation, specification, or discrimination as to race, creed, 44 color, national origin, citizenship or immigration status, sexual orien- 45 tation, housing status, gender identity or expression, military status, 46 sex, age, disability, marital status, status as a victim of domestic 47 violence, lawful source of income or familial status; or any intent to 48 make any such limitation, specification or discrimination. 49 (3) With respect to age and familial status, the provisions of this 50 paragraph shall not apply to the restriction of the sale, rental or 51 lease of any housing accommodation, land or commercial space exclusively 52 to persons fifty-five years of age or older and the spouse of any such 53 person, or to the restriction of the sale, rental or lease of any hous- 54 ing accommodation or land to be used for the construction or location of 55 housing accommodations for persons sixty-two years of age or older, or 56 intended and operated for occupancy by at least one person fifty-five 
 S. 8444 10 1 years of age or older per unit. In determining whether housing is 2 intended and operated for occupancy by persons fifty-five years of age 3 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 4 federal Fair Housing Act of 1988, as amended, shall apply. 5 (d) It shall be an unlawful discriminatory practice for any real 6 estate board, because of the race, creed, color, national origin, citi- 7 zenship or immigration status, sexual orientation, housing status, 8 gender identity or expression, military status, age, sex, disability, 9 marital status, status as a victim of domestic violence, lawful source 10 of income or familial status of any individual who is otherwise quali- 11 fied for membership, to exclude or expel such individual from member- 12 ship, or to discriminate against such individual in the terms, condi- 13 tions and privileges of membership in such board. 14 (e) It shall be an unlawful discriminatory practice for the owner, 15 proprietor or managing agent of, or other person having the right to 16 provide care and services in, a private proprietary nursing home, conva- 17 lescent home, or home for adults, or an intermediate care facility, as 18 defined in section two of the social services law, heretofore 19 constructed, or to be constructed, or any agent or employee thereof, to 20 refuse to provide services and care in such home or facility to any 21 individual or to discriminate against any individual in the terms, 22 conditions, and privileges of such services and care solely because such 23 individual is a blind person. For purposes of this paragraph, a "blind 24 person" shall mean a person who is registered as a blind person with the 25 commission for the visually handicapped and who meets the definition of 26 a "blind person" pursuant to section three of chapter four hundred 27 fifteen of the laws of nineteen hundred thirteen entitled "An act to 28 establish a state commission for improving the condition of the blind of 29 the state of New York, and making an appropriation therefor". 30 (f) The provisions of this subdivision, as they relate to age, shall 31 not apply to persons under the age of eighteen years. 32 (g) It shall be an unlawful discriminatory practice for any person 33 offering or providing housing accommodations, land or commercial space 34 as described in paragraphs (a), (b), and (c) of this subdivision to make 35 or cause to be made any written or oral inquiry or record concerning 36 membership of any person in the state organized militia in relation to 37 the purchase, rental or lease of such housing accommodation, land, or 38 commercial space, provided, however, that nothing in this subdivision 39 shall prohibit a member of the state organized militia from voluntarily 40 disclosing such membership. 41 § 13. Paragraph (a) of subdivision 9 of section 296 of the executive 42 law, as separately amended by chapters 202 and 748 of the laws of 2022, 43 is amended to read as follows: 44 (a) It shall be an unlawful discriminatory practice for any fire 45 department or fire company therein, through any member or members there- 46 of, officers, board of fire commissioners or other body or office having 47 power of appointment of volunteer firefighters, directly or indirectly, 48 by ritualistic practice, constitutional or by-law prescription, by tacit 49 agreement among its members, or otherwise, to deny to any individual 50 membership in any volunteer fire department or fire company therein, or 51 to expel or discriminate against any volunteer member of a fire depart- 52 ment or fire company therein, because of the race, creed, color, 53 national origin, citizenship or immigration status, sexual orientation, 54 housing status, gender identity or expression, military status, sex, 55 marital status, status as a victim of domestic violence, or familial 56 status, of such individual. 
 S. 8444 11 1 § 14. Subdivision 13 of section 296 of the executive law, as separate- 2 ly amended by chapters 202 and 748 of the laws of 2022, is amended to 3 read as follows: 4 13. It shall be an unlawful discriminatory practice (i) for any person 5 to boycott or blacklist, or to refuse to buy from, sell to or trade 6 with, or otherwise discriminate against any person, because of the race, 7 creed, color, national origin, citizenship or immigration status, sexual 8 orientation, housing status, gender identity or expression, military 9 status, sex, status as a victim of domestic violence, disability, or 10 familial status, or of such person, or of such person's partners, 11 members, stockholders, directors, officers, managers, superintendents, 12 agents, employees, business associates, suppliers or customers, or (ii) 13 for any person [wilfully] willfully to do any act or refrain from doing 14 any act which enables any such person to take such action. This subdivi- 15 sion shall not apply to: 16 (a) Boycotts connected with labor disputes; or 17 (b) Boycotts to protest unlawful discriminatory practices. 18 § 15. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 19 as separately amended by chapters 202 and 748 of the laws of 2022, are 20 amended to read as follows: 21 1. It shall be an unlawful discriminatory practice for any creditor or 22 any officer, agent or employee thereof: 23 a. In the case of applications for credit with respect to the 24 purchase, acquisition, construction, rehabilitation, repair or mainte- 25 nance of any housing accommodation, land or commercial space to discrim- 26 inate against any such applicant because of the race, creed, color, 27 national origin, citizenship or immigration status, sexual orientation, 28 housing status, gender identity or expression, military status, age, 29 sex, marital status, status as a victim of domestic violence, disabili- 30 ty, or familial status of such applicant or applicants or any member, 31 stockholder, director, officer or employee of such applicant or appli- 32 cants, or of the prospective occupants or tenants of such housing accom- 33 modation, land or commercial space, in the granting, withholding, 34 extending or renewing, or in the fixing of the rates, terms or condi- 35 tions of, any such credit; 36 b. To discriminate in the granting, withholding, extending or renew- 37 ing, or in the fixing of the rates, terms or conditions of, any form of 38 credit, on the basis of race, creed, color, national origin, citizenship 39 or immigration status, sexual orientation, housing status, gender iden- 40 tity or expression, military status, age, sex, marital status, status as 41 a victim of domestic violence, disability, or familial status; 42 c. To use any form of application for credit or use or make any record 43 or inquiry which expresses, directly or indirectly, any limitation, 44 specification, or discrimination as to race, creed, color, national 45 origin, citizenship or immigration status, sexual orientation, housing 46 status, gender identity or expression, military status, age, sex, mari- 47 tal status, status as a victim of domestic violence, disability, or 48 familial status; 49 d. To make any inquiry of an applicant concerning [his or her] such 50 person's capacity to reproduce, or [his or her] such person's use or 51 advocacy of any form of birth control or family planning; 52 e. To refuse to consider sources of an applicant's income or to 53 subject an applicant's income to discounting, in whole or in part, 54 because of an applicant's race, creed, color, national origin, citizen- 55 ship or immigration status, sexual orientation, housing status, gender 56 identity or expression, military status, age, sex, marital status, 
 S. 8444 12 1 status as a victim of domestic violence, childbearing potential, disa- 2 bility, or familial status; 3 f. To discriminate against a married person because such person 4 neither uses nor is known by the surname of [his or her] such married 5 person's spouse. 6 This paragraph shall not apply to any situation where the use of a 7 surname would constitute or result in a criminal act. 8 2. Without limiting the generality of subdivision one of this section, 9 it shall be considered discriminatory if, because of an applicant's or 10 class of applicants' race, creed, color, national origin, citizenship or 11 immigration status, sexual orientation, housing status, gender identity 12 or expression, military status, age, sex, marital status, status as a 13 victim of domestic violence, disability, or familial status, (i) an 14 applicant or class of applicants is denied credit in circumstances where 15 other applicants of like overall credit worthiness are granted credit, 16 or (ii) special requirements or conditions, such as requiring co-obli- 17 gors or reapplication upon marriage, are imposed upon an applicant or 18 class of applicants in circumstances where similar requirements or 19 conditions are not imposed upon other applicants of like overall credit 20 worthiness. 21 3. It shall not be considered discriminatory if credit differen- 22 tiations or decisions are based upon factually supportable, objective 23 differences in applicants' overall credit worthiness, which may include 24 reference to such factors as current income, assets and prior credit 25 history of such applicants, as well as reference to any other relevant 26 factually supportable data; provided, however, that no creditor shall 27 consider, in evaluating the credit worthiness of an applicant, aggregate 28 statistics or assumptions relating to race, creed, color, national 29 origin, citizenship or immigration status, sexual orientation, housing 30 status, gender identity or expression, military status, sex, marital 31 status, status as a victim of domestic violence or disability, or to the 32 likelihood of any group of persons bearing or rearing children, or for 33 that reason receiving diminished or interrupted income in the future. 34 § 16. Paragraphs a, b and c of subdivision 2 and paragraph b of subdi- 35 vision 3 of section 296-c of the executive law, as amended by chapter 36 305 of the laws of 2023, are amended to read as follows: 37 a. refuse to hire or employ or to bar or to discharge from internship 38 an intern or to discriminate against such intern in terms, conditions or 39 privileges of employment as an intern because of the intern's age, race, 40 creed, color, national origin, citizenship or immigration status, sexual 41 orientation, housing status, gender identity or expression, military 42 status, sex, disability, predisposing genetic characteristics, marital 43 status, or status as a victim of domestic violence; 44 b. discriminate against an intern in receiving, classifying, disposing 45 or otherwise acting upon applications for internships because of the 46 intern's age, race, creed, color, national origin, citizenship or immi- 47 gration status, sexual orientation, housing status, gender identity or 48 expression, military status, sex, disability, predisposing genetic char- 49 acteristics, marital status, or status as a victim of domestic violence; 50 c. print or circulate or cause to be printed or circulated any state- 51 ment, advertisement or publication, or to use any form of application 52 for employment as an intern or to make any inquiry in connection with 53 prospective employment, which expresses directly or indirectly, any 54 limitation, specification or discrimination as to age, race, creed, 55 color, national origin, citizenship or immigration status, sexual orien- 56 tation, housing status, gender identity or expression, military status, 
 S. 8444 13 1 sex, disability, predisposing genetic characteristics, marital status or 2 status as a victim of domestic violence, or any intent to make any such 3 limitation, specification or discrimination, unless based upon a bona 4 fide occupational qualification; provided, however, that neither this 5 paragraph nor any provision of this chapter or other law shall be 6 construed to prohibit the department of civil service or the department 7 of personnel of any city containing more than one county from requesting 8 information from applicants for civil service internships or examina- 9 tions concerning any of the aforementioned characteristics, other than 10 sexual orientation, for the purpose of conducting studies to identify 11 and resolve possible problems in recruitment and testing of members of 12 minority groups to ensure the fairest possible and equal opportunities 13 for employment in the civil service for all persons, regardless of age, 14 race, creed, color, national origin, citizenship or immigration status, 15 sexual orientation, housing status, military status, sex, disability, 16 predisposing genetic characteristics, marital status or status as a 17 victim of domestic violence; 18 b. subject an intern to unwelcome harassment based on age, sex, race, 19 creed, color, sexual orientation, housing status, gender identity or 20 expression, military status, disability, predisposing genetic character- 21 istics, marital status, status as a victim of domestic violence, 22 national origin, or citizenship or immigration status, or where such 23 harassment has the purpose or effect of unreasonably interfering with 24 the intern's work performance by creating an intimidating, hostile, or 25 offensive working environment. 26 § 17. Section 40-c of the civil rights law, as amended by chapter 8 of 27 the laws of 2019, is amended to read as follows: 28 § 40-c. Discrimination. 1. All persons within the jurisdiction of this 29 state shall be entitled to the equal protection of the laws of this 30 state or any subdivision thereof. 31 2. No person shall, because of race, creed, color, national origin, 32 sex, marital status, sexual orientation, housing status, gender identity 33 or expression, or disability, as such term is defined in section two 34 hundred ninety-two of the executive law, be subjected to any discrimi- 35 nation in [his or her] such person's civil rights, or to any harassment, 36 as defined in section 240.25 of the penal law, in the exercise thereof, 37 by any other person or by any firm, corporation or institution, or by 38 the state or any agency or subdivision of the state. 39 § 18. Paragraph (a) of subdivision 1 of section 313 of the education 40 law, as amended by chapter 8 of the laws of 2019, is amended to read as 41 follows: 42 (a) It is hereby declared to be the policy of the state that the Amer- 43 ican ideal of equality of opportunity requires that students, otherwise 44 qualified, be admitted to educational institutions and be given access 45 to all the educational programs and courses operated or provided by such 46 institutions without regard to race, color, sex, religion, creed, mari- 47 tal status, age, housing status, sexual orientation as defined in 48 section two hundred ninety-two of the executive law, gender identity or 49 expression as defined in section two hundred ninety-two of the executive 50 law, or national origin, except that, with regard to religious or deno- 51 minational educational institutions, students, otherwise qualified, 52 shall have the equal opportunity to attend therein without discrimi- 53 nation because of race, color, sex, marital status, age, housing status, 54 sexual orientation as defined in section two hundred ninety-two of the 55 executive law, gender identity or expression as defined in section two 56 hundred ninety-two of the executive law, or national origin. It is a 
 S. 8444 14 1 fundamental American right for members of various religious faiths to 2 establish and maintain educational institutions exclusively or primarily 3 for students of their own religious faith or to effectuate the religious 4 principles in furtherance of which they are maintained. Nothing herein 5 contained shall impair or abridge that right. 6 § 19. Subdivision 3 of section 313 of the education law, as amended by 7 chapter 8 of the laws of 2019 and paragraph (f) as amended by chapter 8 501 of the laws of 2024, is amended to read as follows: 9 (3) Unfair educational practices. It shall be an unfair educational 10 practice for an educational institution after September fifteenth, nine- 11 teen hundred forty-eight: 12 (a) To exclude or limit or otherwise discriminate against any person 13 or persons seeking admission as students to such institution or to any 14 educational program or course operated or provided by such institution 15 because of race, religion, creed, sex, color, marital status, age, hous- 16 ing status, sexual orientation as defined in section two hundred nine- 17 ty-two of the executive law, gender identity or expression as defined in 18 section two hundred ninety-two of the executive law, or national origin; 19 except that nothing in this section shall be deemed to affect, in any 20 way, the right of a religious or denominational educational institution 21 to select its students exclusively or primarily from members of such 22 religion or denomination or from giving preference in such selection to 23 such members or to make such selection of its students as is calculated 24 by such institution to promote the religious principles for which it is 25 established or maintained. Nothing herein contained shall impair or 26 abridge the right of an independent institution, which establishes or 27 maintains a policy of educating persons of one sex exclusively, to admit 28 students of only one sex. 29 (b) To penalize any individual because [he or she] such individual has 30 initiated, testified, participated or assisted in any proceedings under 31 this section. 32 (c) To accept any endowment or gift of money or property conditioned 33 upon teaching the doctrine of supremacy of any particular race. 34 (d) With respect to any individual who withdraws from attendance to 35 serve on active duty in the armed forces of the United States in time of 36 war, including any individual who withdrew from attendance on or after 37 August second, nineteen hundred ninety to serve on active duty in the 38 armed forces of the United States in the Persian Gulf conflict: (i) to 39 deny or limit the readmission of such individual to such institution or 40 to any educational program or course operated or provided by such insti- 41 tution because of such withdrawal from attendance or because of the 42 failure to complete any educational program or course due to such with- 43 drawal; (ii) to impose any academic penalty on such person because of 44 such withdrawal or because of the failure to complete any educational 45 program or course due to such withdrawal; (iii) to reduce or eliminate 46 any financial aid award granted to such individual which could not be 47 used, in whole or part, because of such withdrawal or because of the 48 failure to complete any educational program or course due to such with- 49 drawal; or (iv) to fail to provide a credit or refund of tuition and 50 fees paid by such individual for any semester, term or quarter not 51 completed because of such withdrawal or because of the failure to 52 complete any program or course due to such withdrawal. 53 (e) It shall not be an unfair educational practice for any educational 54 institution to use criteria other than race, religion, creed, sex, 55 color, marital status, age, housing status, sexual orientation as 56 defined in section two hundred ninety-two of the executive law, gender 
 S. 8444 15 1 identity or expression as defined in section two hundred ninety-two of 2 the executive law, or national origin in the admission of students to 3 such institution or to any of the educational programs and courses oper- 4 ated or provided by such institution. 5 (f) No educational institution shall require an individual to provide 6 a copy of [his or her] such individual's criminal history record that 7 [he or she] such individual obtained pursuant to the rules and regu- 8 lations of the division of criminal justice services. 9 § 20. This act shall take effect immediately.