S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         61--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sens. SQUADRON, ADDABBO, AVELLA, BRESLIN, CARLUCCI, DILAN,
         ESPAILLAT,  GIANARIS,  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN, KENNEDY,
         KRUEGER, LATIMER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA,  SAMP-
         SON,  SERRANO,  STAVISKY  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment  Operations  --  committee  discharged,  bill  amended,   ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to amend the executive law, the civil rights law and the educa-
         tion law, in relation to prohibiting discrimination  based  on  gender
         identity  or  expression;  and to amend the penal law and the criminal
         procedure law, in relation  to  including  offenses  regarding  gender
         identity  or  expression within the list of offenses subject to treat-
         ment as hate crimes
         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 their gender identity or expression,
   13  and  that  this  prejudice  has  severely  limited or actually prevented
   14  access to employment, housing and other basic necessities of life, lead-
   15  ing to deprivation and suffering.  The  legislature  further  recognizes
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00167-03-5
       S. 61--A                            2
    1  that  this  prejudice  has  fostered  a general climate of hostility and
    2  distrust, leading in some instances to physical violence  against  those
    3  perceived  to live in a gender identity or expression which is different
    4  from  that traditionally associated with the sex assigned to that person
    5  at birth.
    6    In so doing, the legislature makes clear its action is not intended to
    7  promote any particular attitude, course of conduct or way of life. Rath-
    8  er its purpose is to ensure that individuals who live in our free socie-
    9  ty have the capacity to make their own choices, follow their own beliefs
   10  and conduct their own lives as they see fit,  consistent  with  existing
   11  law.
   12    The  legislature  further finds that, as court decisions have properly
   13  held, New York's sex discrimination laws prohibit  discrimination  based
   14  on  gender  stereotypes  or  because  an  individual has transitioned or
   15  intends to transition from one gender to another.  This  legislation  is
   16  intended  to  codify this principle and to ensure that the public under-
   17  stands  that  discrimination  on  the  basis  of  gender  identity   and
   18  expression is prohibited.
   19    S  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
   20  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
   21  follows:
   22    1. The opportunity to obtain employment without discrimination because
   23  of  age, race, creed, color, national origin, sexual orientation, GENDER
   24  IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
   25  bility, is hereby recognized as and declared to be a civil right.
   26    2.  The  opportunity  to obtain education, the use of places of public
   27  accommodation and the ownership, use and occupancy of  housing  accommo-
   28  dations  and  commercial  space  without  discrimination because of age,
   29  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   30  OR EXPRESSION, military status, sex, marital status, or  disability,  as
   31  specified  in  section two hundred ninety-six of this article, is hereby
   32  recognized as and declared to be a civil right.
   33    S 3. Section 292 of the executive law  is  amended  by  adding  a  new
   34  subdivision 35 to read as follows:
   35    35.  THE  TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL
   36  OR PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR,  EXPRESSION,
   37  OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
   38  THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
   39  TRANSGENDER.
   40    S  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
   41  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
   42  follows:
   43    8. To create such advisory councils, local, regional or state-wide, as
   44  in  its  judgment  will aid in effectuating the purposes of this article
   45  and of section eleven of article one of the constitution of this  state,
   46  and  the  division  may  empower them to study the problems of discrimi-
   47  nation in all or specific fields of human relationships or  in  specific
   48  instances of discrimination because of age, race, creed, color, national
   49  origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
   50  status, sex, disability or marital status and  make  recommendations  to
   51  the  division  for the development of policies and procedures in general
   52  and in specific instances. The advisory councils also shall  disseminate
   53  information  about  the division's activities to organizations and indi-
   54  viduals in their localities. Such advisory councils shall be composed of
   55  representative citizens, serving without pay, but with reimbursement for
   56  actual and necessary traveling  expenses;  and  the  division  may  make
       S. 61--A                            3
    1  provision for technical and clerical assistance to such councils and for
    2  the expenses of such assistance.
    3    9. To develop human rights plans and policies for the state and assist
    4  in their execution and to make investigations and studies appropriate to
    5  effectuate  this article and to issue such publications and such results
    6  of investigations and research as in its judgement will tend  to  inform
    7  persons  of the rights assured and remedies provided under this article,
    8  to promote good-will and minimize or eliminate discrimination because of
    9  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
   10  IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
   11  status.
   12    S 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
   13  of the executive law, paragraph (a) as amended by chapter 80 of the laws
   14  of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
   15  laws of 2005, are amended to read as follows:
   16    (a)  For  an  employer or licensing agency, because of an individual's
   17  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
   18  IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
   19  genetic characteristics, marital status,  or  domestic  violence  victim
   20  status,  to  refuse  to  hire  or  employ or to bar or to discharge from
   21  employment such individual or to discriminate against such individual in
   22  compensation or in terms, conditions or privileges of employment.
   23    (b) For an employment agency to discriminate  against  any  individual
   24  because of age, race, creed, color, national origin, sexual orientation,
   25  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   26  posing genetic characteristics, or marital status, in receiving, classi-
   27  fying,  disposing or otherwise acting upon applications for its services
   28  or in referring an applicant or applicants to an employer or employers.
   29    (c) For a labor organization, because of the age, race, creed,  color,
   30  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   31  military status, sex, disability, predisposing genetic  characteristics,
   32  or  marital  status  of  any individual, to exclude or to expel from its
   33  membership such individual or to discriminate in any way against any  of
   34  its  members  or  against  any employer or any individual employed by an
   35  employer.
   36    (d) For any employer or employment agency to  print  or  circulate  or
   37  cause to be printed or circulated any statement, advertisement or publi-
   38  cation,  or to use any form of application for employment or to make any
   39  inquiry in  connection  with  prospective  employment,  which  expresses
   40  directly  or indirectly, any limitation, specification or discrimination
   41  as to age, race, creed,  color,  national  origin,  sexual  orientation,
   42  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   43  posing genetic characteristics, or marital status, or any intent to make
   44  any  such limitation, specification or discrimination, unless based upon
   45  a bona fide occupational qualification; provided, however, that  neither
   46  this  paragraph  nor any provision of this chapter or other law shall be
   47  construed to prohibit the department of civil service or the  department
   48  of personnel of any city containing more than one county from requesting
   49  information  from  applicants  for civil service examinations concerning
   50  any of the aforementioned characteristics, other than sexual orientation
   51  OR GENDER IDENTITY OR EXPRESSION, for the purpose of conducting  studies
   52  to  identify and resolve possible problems in recruitment and testing of
   53  members of minority groups to insure  the  fairest  possible  and  equal
   54  opportunities  for  employment  in  the  civil  service for all persons,
   55  regardless of age, race, creed, color, national  origin,  sexual  orien-
       S. 61--A                            4
    1  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
    2  predisposing genetic characteristics, or marital status.
    3    S  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    4  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    5  amended to read as follows:
    6    (b)  To  deny  to  or withhold from any person because of race, creed,
    7  color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
    8  EXPRESSION,  military  status,  sex, age, disability, or marital status,
    9  the right to be admitted to or participate in  a  guidance  program,  an
   10  apprenticeship  training program, on-the-job training program, executive
   11  training program, or other occupational training or retraining program;
   12    (c) To discriminate against any person in his or her pursuit  of  such
   13  programs  or  to discriminate against such a person in the terms, condi-
   14  tions or privileges of such programs  because  of  race,  creed,  color,
   15  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   16  military status, sex, age, disability or marital status;
   17    (d) To print or circulate or cause to be  printed  or  circulated  any
   18  statement,  advertisement or publication, or to use any form of applica-
   19  tion for such programs or to make any inquiry in  connection  with  such
   20  program  which  expresses, directly or indirectly, any limitation, spec-
   21  ification or discrimination as to race, creed, color,  national  origin,
   22  sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
   23  age,  disability  or  marital  status, or any intention to make any such
   24  limitation, specification or discrimination, unless based on a bona fide
   25  occupational qualification.
   26    S 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
   27  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   28  as follows:
   29    (a) It shall be an unlawful discriminatory practice  for  any  person,
   30  being  the  owner, lessee, proprietor, manager, superintendent, agent or
   31  employee of any place of  public  accommodation,  resort  or  amusement,
   32  because  of the race, creed, color, national origin, sexual orientation,
   33  GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
   34  marital  status  of any person, directly or indirectly, to refuse, with-
   35  hold from or deny to such person any of the accommodations,  advantages,
   36  facilities or privileges thereof, including the extension of credit, or,
   37  directly  or  indirectly, to publish, circulate, issue, display, post or
   38  mail any written or printed communication, notice or  advertisement,  to
   39  the  effect  that  any of the accommodations, advantages, facilities and
   40  privileges of any such place shall be refused, withheld from  or  denied
   41  to  any person on account of race, creed, color, national origin, sexual
   42  orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [or]
   43  disability or marital status, or that the patronage or custom thereat of
   44  any  person of or purporting to be of any particular race, creed, color,
   45  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
   46  military status, sex or marital status, or having a disability is unwel-
   47  come, objectionable or not acceptable, desired or solicited.
   48    S  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
   49  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
   50  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
   51  to read as follows:
   52    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
   53  hold from any person or group of  persons  such  housing  accommodations
   54  because  of  the race, creed, color, disability, national origin, sexual
   55  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
   56  marital  status,  or  familial  status  of such person or persons, or to
       S. 61--A                            5
    1  represent that any housing accommodation or land is  not  available  for
    2  inspection, sale, rental or lease when in fact it is so available.
    3    (b)  To  discriminate  against  any person because of his or her race,
    4  creed, color, disability, national origin,  sexual  orientation,  GENDER
    5  IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
    6  familial status in the terms, conditions or privileges of any  publicly-
    7  assisted  housing  accommodations  or in the furnishing of facilities or
    8  services in connection therewith.
    9    (c) To cause to be made any written or oral inquiry or record concern-
   10  ing the race, creed, color, disability, national origin,  sexual  orien-
   11  tation,  GENDER  IDENTITY OR EXPRESSION, membership in the reserve armed
   12  forces of the United States or in the organized militia  of  the  state,
   13  age, sex, marital status, or familial status of a person seeking to rent
   14  or lease any publicly-assisted housing accommodation; provided, however,
   15  that  nothing in this subdivision shall prohibit a member of the reserve
   16  armed forces of the United States or in the  organized  militia  of  the
   17  state from voluntarily disclosing such membership.
   18    (c-1)  To  print or circulate or cause to be printed or circulated any
   19  statement, advertisement or publication, or to use any form of  applica-
   20  tion  for the purchase, rental or lease of such housing accommodation or
   21  to make any  record  or  inquiry  in  connection  with  the  prospective
   22  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   23  expresses, directly or  indirectly,  any  limitation,  specification  or
   24  discrimination  as to race, creed, color, national origin, sexual orien-
   25  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
   26  bility,  marital  status,  or familial status, or any intent to make any
   27  such limitation, specification or discrimination.
   28    S 9. Subdivision 3-b of section 296 of the executive law,  as  amended
   29  by chapter 106 of the laws of 2003, is amended to read as follows:
   30    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
   31  estate broker, real estate salesperson or employee or agent  thereof  or
   32  any  other  individual, corporation, partnership or organization for the
   33  purpose of inducing a real estate transaction from which any such person
   34  or any of its stockholders or members may benefit financially, to repre-
   35  sent that a change has occurred or will or may occur in the  composition
   36  with respect to race, creed, color, national origin, sexual orientation,
   37  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
   38  status,  or  familial  status  of  the owners or occupants in the block,
   39  neighborhood or area in which the  real  property  is  located,  and  to
   40  represent,  directly  or indirectly, that this change will or may result
   41  in undesirable consequences in the block, neighborhood or area in  which
   42  the  real property is located, including but not limited to the lowering
   43  of property values, an increase in criminal or anti-social behavior,  or
   44  a decline in the quality of schools or other facilities.
   45    S 10. Subdivision 4 of section 296 of the executive law, as amended by
   46  chapter 106 of the laws of 2003, is amended to read as follows:
   47    4.  It  shall  be an unlawful discriminatory practice for an education
   48  corporation or association which holds itself out to the  public  to  be
   49  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
   50  article four of the real property tax law to deny the use of its facili-
   51  ties to any person otherwise qualified, or to permit the  harassment  of
   52  any  student or applicant, by reason of his race, color, religion, disa-
   53  bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
   54  EXPRESSION, military status, sex, age or marital status, except that any
   55  such  institution  which  establishes or maintains a policy of educating
   56  persons of one sex exclusively may admit students of only one sex.
       S. 61--A                            6
    1    S 11. Subdivision 5 of section 296 of the executive law, as amended by
    2  chapter 106 of the laws of 2003, is amended to read as follows:
    3    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    4  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    5  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    6  constructed or to be constructed, or any agent or employee thereof:
    7    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    8  from any person or group of persons such a housing accommodation because
    9  of the race, creed, color, national origin, sexual  orientation,  GENDER
   10  IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
   11  status, or familial status of such person or persons,  or  to  represent
   12  that  any housing accommodation or land is not available for inspection,
   13  sale, rental or lease when in fact it is so available.
   14    (2) To discriminate against any person because of race, creed,  color,
   15  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   16  military status, sex,  age,  disability,  marital  status,  or  familial
   17  status  in  the  terms,  conditions or privileges of the sale, rental or
   18  lease of any such housing accommodation or in the furnishing of  facili-
   19  ties or services in connection therewith.
   20    (3)  To  print  or  circulate or cause to be printed or circulated any
   21  statement, advertisement or publication, or to use any form of  applica-
   22  tion  for the purchase, rental or lease of such housing accommodation or
   23  to make any  record  or  inquiry  in  connection  with  the  prospective
   24  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   25  expresses, directly or  indirectly,  any  limitation,  specification  or
   26  discrimination  as to race, creed, color, national origin, sexual orien-
   27  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
   28  bility,  marital  status,  or familial status, or any intent to make any
   29  such limitation, specification or discrimination.
   30    The provisions of this paragraph (a) shall not apply (1) to the rental
   31  of a housing accommodation in a building which contains housing accommo-
   32  dations for not more than two  families  living  independently  of  each
   33  other,  if  the owner resides in one of such housing accommodations, (2)
   34  to the restriction of the rental of all rooms in a housing accommodation
   35  to individuals of the same sex or (3) to the rental of a room  or  rooms
   36  in  a  housing  accommodation,  if such rental is by the occupant of the
   37  housing accommodation or by the owner of the housing  accommodation  and
   38  the  owner  resides  in  such  housing  accommodation or (4) solely with
   39  respect to age and familial status  to  the  restriction  of  the  sale,
   40  rental  or lease of housing accommodations exclusively to persons sixty-
   41  two years of age or older and the spouse of  any  such  person,  or  for
   42  housing  intended  and  operated  for  occupancy  by at least one person
   43  fifty-five years of age or older per unit. In determining whether  hous-
   44  ing  is  intended and operated for occupancy by persons fifty-five years
   45  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   46  federal Fair Housing Act of 1988, as amended, shall apply.
   47    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
   48  lessee,  sub-lessee,  or  managing  agent of, or other person having the
   49  right of ownership or possession of or the right to sell, rent or lease,
   50  land or commercial space:
   51    (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
   52  from  any person or group of persons land or commercial space because of
   53  the race, creed, color,  national  origin,  sexual  orientation,  GENDER
   54  IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
   55  status, or familial status of such person or persons,  or  to  represent
       S. 61--A                            7
    1  that  any housing accommodation or land is not available for inspection,
    2  sale, rental or lease when in fact it is so available;
    3    (2)  To discriminate against any person because of race, creed, color,
    4  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
    5  military  status,  sex,  age,  disability,  marital  status, or familial
    6  status in the terms, conditions or privileges of  the  sale,  rental  or
    7  lease  of  any  such  land  or commercial space; or in the furnishing of
    8  facilities or services in connection therewith;
    9    (3) To print or circulate or cause to be  printed  or  circulated  any
   10  statement,  advertisement or publication, or to use any form of applica-
   11  tion for the purchase, rental or lease of such land or commercial  space
   12  or  to  make  any  record  or inquiry in connection with the prospective
   13  purchase, rental or  lease  of  such  land  or  commercial  space  which
   14  expresses,  directly  or  indirectly,  any  limitation, specification or
   15  discrimination as to race, creed, color, national origin, sexual  orien-
   16  tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
   17  bility, marital status, or familial status; or any intent  to  make  any
   18  such limitation, specification or discrimination.
   19    (4)  With  respect  to age and familial status, the provisions of this
   20  paragraph shall not apply to the restriction  of  the  sale,  rental  or
   21  lease  of  land  or  commercial  space exclusively to persons fifty-five
   22  years of age or older and the spouse of  any  such  person,  or  to  the
   23  restriction  of  the  sale,  rental  or lease of land to be used for the
   24  construction, or location  of  housing  accommodations  exclusively  for
   25  persons  sixty-two  years  of age or older, or intended and operated for
   26  occupancy by at least one person fifty-five years of age  or  older  per
   27  unit.  In determining whether housing is intended and operated for occu-
   28  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
   29  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
   30  amended, shall apply.
   31    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
   32  estate broker, real estate salesperson or employee or agent thereof:
   33    (1)  To  refuse to sell, rent or lease any housing accommodation, land
   34  or commercial space to any person or group of persons or  to  refuse  to
   35  negotiate  for  the sale, rental or lease, of any housing accommodation,
   36  land or commercial space to any person or group of  persons  because  of
   37  the  race,  creed,  color,  national  origin, sexual orientation, GENDER
   38  IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
   39  status,  or  familial  status of such person or persons, or to represent
   40  that any housing accommodation, land or commercial space is  not  avail-
   41  able  for inspection, sale, rental or lease when in fact it is so avail-
   42  able, or otherwise to deny or withhold any housing  accommodation,  land
   43  or commercial space or any facilities of any housing accommodation, land
   44  or  commercial  space from any person or group of persons because of the
   45  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   46  OR EXPRESSION, military status, sex, age, disability, marital status, or
   47  familial status of such person or persons.
   48    (2) To print or circulate or cause to be  printed  or  circulated  any
   49  statement,  advertisement or publication, or to use any form of applica-
   50  tion for the purchase, rental or lease  of  any  housing  accommodation,
   51  land  or commercial space or to make any record or inquiry in connection
   52  with the prospective purchase, rental or lease of any  housing  accommo-
   53  dation,  land or commercial space which expresses, directly or indirect-
   54  ly, any limitation, specification, or discrimination as to race,  creed,
   55  color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR
   56  EXPRESSION, military status, sex, age, disability,  marital  status,  or
       S. 61--A                            8
    1  familial  status;  or any intent to make any such limitation, specifica-
    2  tion or discrimination.
    3    (3)  With  respect  to age and familial status, the provisions of this
    4  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    5  lease of any HOUSING ACCOMMODATION, land or commercial space exclusively
    6  to  persons  fifty-five years of age or older and the spouse of any such
    7  person, or to the restriction of the sale, rental or lease of any  hous-
    8  ing accommodation or land to be used for the construction or location of
    9  housing  accommodations  for persons sixty-two years of age or older, or
   10  intended and operated for occupancy by at least  one  person  fifty-five
   11  years  of  age  or  older  per  unit.  In determining whether housing is
   12  intended and operated for occupancy by persons fifty-five years  of  age
   13  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   14  federal Fair Housing Act of 1988, as amended, shall apply.
   15    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
   16  estate board, because of the race, creed, color, national origin, sexual
   17  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   18  disability, marital status, or familial status of any individual who  is
   19  otherwise  qualified for membership, to exclude or expel such individual
   20  from membership, or to  discriminate  against  such  individual  in  the
   21  terms, conditions and privileges of membership in such board.
   22    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
   23  proprietor or managing agent of, or other person  having  the  right  to
   24  provide care and services in, a private proprietary nursing home, conva-
   25  lescent  home,  or home for adults, or an intermediate care facility, as
   26  defined  in  section  two  of  the  social  services   law,   heretofore
   27  constructed,  or to be constructed, or any agent or employee thereof, to
   28  refuse to provide services and care in such  home  or  facility  to  any
   29  individual  or  to  discriminate  against  any  individual in the terms,
   30  conditions, and privileges of such services and care solely because such
   31  individual is a blind person. For purposes of this paragraph,  a  "blind
   32  person" shall mean a person who is registered as a blind person with the
   33  commission  for the visually handicapped and who meets the definition of
   34  a "blind person" pursuant to  section  three  of  chapter  four  hundred
   35  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
   36  establish a state commission for improving the condition of the blind of
   37  the state of New York, and making an appropriation therefor".
   38    (f) The provisions of this subdivision, as they relate to  age,  shall
   39  not apply to persons under the age of eighteen years.
   40    (g)  It  shall  be  an unlawful discriminatory practice for any person
   41  offering or providing housing accommodations, land or  commercial  space
   42  as described in paragraphs (a), (b), and (c) of this subdivision to make
   43  or  cause  to  be  made any written or oral inquiry or record concerning
   44  membership of any person in the state organized militia in  relation  to
   45  the  purchase,  rental  or lease of such housing accommodation, land, or
   46  commercial space, provided, however, that nothing  in  this  subdivision
   47  shall  prohibit a member of the state organized militia from voluntarily
   48  disclosing such membership.
   49    S 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
   50  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   51  as follows:
   52    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
   53  department or fire company therein, through any member or members there-
   54  of, officers, board of fire commissioners or other body or office having
   55  power  of appointment of volunteer firefighters, directly or indirectly,
   56  by ritualistic practice, constitutional or by-law prescription, by tacit
       S. 61--A                            9
    1  agreement among its members, or otherwise, to  deny  to  any  individual
    2  membership  in any volunteer fire department or fire company therein, or
    3  to expel or discriminate against any volunteer member of a fire  depart-
    4  ment  or  fire  company  therein,  because  of  the  race, creed, color,
    5  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
    6  military status, sex or marital status of such individual.
    7    S  13.  Subdivision 13 of section 296 of the executive law, as amended
    8  by chapter 196 of the laws of 2010, is amended to read as follows:
    9    13. It shall be an unlawful discriminatory practice (i) for any person
   10  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
   11  with, or otherwise discriminate against any person, because of the race,
   12  creed,  color,  national  origin, sexual orientation, GENDER IDENTITY OR
   13  EXPRESSION, military status, sex, or disability of such  person,  or  of
   14  such  person's  partners,  members,  stockholders,  directors, officers,
   15  managers,  superintendents,  agents,  employees,  business   associates,
   16  suppliers or customers, or (ii) for any person wilfully to do any act or
   17  refrain  from  doing  any act which enables any such person to take such
   18  action. This subdivision shall not apply to:
   19    (a) Boycotts connected with labor disputes; or
   20    (b) Boycotts to protest unlawful discriminatory practices.
   21    S 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
   22  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
   23  follows:
   24    1. It shall be an unlawful discriminatory practice for any creditor or
   25  any officer, agent or employee thereof:
   26    a. In the  case  of  applications  for  credit  with  respect  to  the
   27  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
   28  nance of any housing accommodation, land or commercial space to discrim-
   29  inate against any such applicant because  of  the  race,  creed,  color,
   30  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   31  military status, age,  sex,  marital  status,  disability,  or  familial
   32  status  of  such  applicant  or  applicants  or any member, stockholder,
   33  director, officer or employee of such applicant or applicants, or of the
   34  prospective occupants or tenants of such housing accommodation, land  or
   35  commercial  space,  in the granting, withholding, extending or renewing,
   36  or in the fixing of the rates, terms or conditions of, any such credit;
   37    b. To discriminate in the granting, withholding, extending  or  renew-
   38  ing,  or in the fixing of the rates, terms or conditions of, any form of
   39  credit, on the basis of race,  creed,  color,  national  origin,  sexual
   40  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   41  marital status, 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, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
   46  status, age, sex, marital status, disability, or familial status;
   47    d.  To make any inquiry of an applicant concerning his or her capacity
   48  to reproduce, or his or her use or advocacy of any form of birth control
   49  or family planning;
   50    e. To refuse to consider  sources  of  an  applicant's  income  or  to
   51  subject  an  applicant's  income  to  discounting,  in whole or in part,
   52  because of an applicant's race, creed, color,  national  origin,  sexual
   53  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   54  marital status, childbearing potential, disability, or familial status;
   55    f. To discriminate  against  a  married  person  because  such  person
   56  neither uses nor is known by the surname of his or her spouse.
       S. 61--A                           10
    1    This  paragraph  shall  not  apply to any situation where the use of a
    2  surname would constitute or result in a criminal act.
    3    2. Without limiting the generality of subdivision one of this section,
    4  it  shall  be considered discriminatory if, because of an applicant's or
    5  class of applicants' race, creed, color, national origin, sexual  orien-
    6  tation,  GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
    7  tal status or disability, or familial status, (i) an applicant or  class
    8  of  applicants  is denied credit in circumstances where other applicants
    9  of like overall credit worthiness are granted credit,  or  (ii)  special
   10  requirements  or conditions, such as requiring co-obligors or reapplica-
   11  tion upon marriage, are imposed upon an applicant or class of applicants
   12  in circumstances  where  similar  requirements  or  conditions  are  not
   13  imposed upon other applicants of like overall credit worthiness.
   14    3.  It  shall  not  be  considered  discriminatory if credit differen-
   15  tiations or decisions are based upon  factually  supportable,  objective
   16  differences  in applicants' overall credit worthiness, which may include
   17  reference to such factors as current income,  assets  and  prior  credit
   18  history  of  such applicants, as well as reference to any other relevant
   19  factually supportable data; provided, however, that  no  creditor  shall
   20  consider, in evaluating the credit worthiness of an applicant, aggregate
   21  statistics  or  assumptions  relating  to  race,  creed, color, national
   22  origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
   23  status,  sex,  marital status or disability, or to the likelihood of any
   24  group of persons bearing or rearing children, or for that reason receiv-
   25  ing diminished or interrupted income in the future.
   26    S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
   27  law, as added by chapter 481 of the laws of 2010, is amended to read  as
   28  follows:
   29    (b) Subject a domestic worker to unwelcome harassment based on gender,
   30  race,  religion,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR EXPRESSION or
   31  national origin, where such harassment has  the  purpose  or  effect  of
   32  unreasonably interfering with an individual's work performance by creat-
   33  ing an intimidating, hostile, or offensive working environment.
   34    S 16. Section 40-c of the civil rights law, as amended by chapter 2 of
   35  the laws of 2002, is amended to read as follows:
   36    S 40-c. Discrimination. 1. All persons within the jurisdiction of this
   37  state  shall  be  entitled  to  the equal protection of the laws of this
   38  state or any subdivision thereof.
   39    2. No person shall, because of race, creed,  color,  national  origin,
   40  sex,  marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION,
   41  or disability, as such term is defined in section two hundred ninety-two
   42  of the executive law, be subjected to any discrimination in his  or  her
   43  civil  rights, or to any harassment, as defined in section 240.25 of the
   44  penal law, in the exercise thereof, by any other person or by any  firm,
   45  corporation or institution, or by the state or any agency or subdivision
   46  of the state.
   47    S  17.  Paragraph (a) of subdivision 1 of section 313 of the education
   48  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
   49  follows:
   50    (a) It is hereby declared to be the policy of the state that the Amer-
   51  ican  ideal of equality of opportunity requires that students, otherwise
   52  qualified, be admitted to educational institutions and be  given  access
   53  to all the educational programs and courses operated or provided by such
   54  institutions  without regard to race, color, sex, religion, creed, mari-
   55  tal status, age, sexual orientation as defined in  section  two  hundred
   56  ninety-two  of  the  executive  law,  GENDER  IDENTITY  OR EXPRESSION AS
       S. 61--A                           11
    1  DEFINED IN SECTION TWO HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE  LAW,  or
    2  national origin, except that, with regard to religious or denominational
    3  educational  institutions, students, otherwise qualified, shall have the
    4  equal  opportunity  to  attend therein without discrimination because of
    5  race, color, sex, marital status, age, sexual orientation as defined  in
    6  section  two hundred ninety-two of the executive law, GENDER IDENTITY OR
    7  EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
    8  LAW, or national origin. It is a fundamental American right for  members
    9  of various religious faiths to establish and maintain educational insti-
   10  tutions  exclusively  or  primarily  for students of their own religious
   11  faith or to effectuate the religious principles in furtherance of  which
   12  they  are  maintained.  Nothing herein contained shall impair or abridge
   13  that right.
   14    S 18. Subdivision 3 of section 313 of the education law, as amended by
   15  chapter 2 of the laws of 2002, is amended to read as follows:
   16    (3) Unfair educational practices. It shall be  an  unfair  educational
   17  practice for an educational institution after September fifteenth, nine-
   18  teen hundred forty-eight:
   19    (a)  To  exclude or limit or otherwise discriminate against any person
   20  or persons seeking admission as students to such institution or  to  any
   21  educational  program  or course operated or provided by such institution
   22  because of race, religion, creed, sex, color, marital status, age, sexu-
   23  al orientation as defined in section two hundred ninety-two of the exec-
   24  utive law, GENDER IDENTITY OR  EXPRESSION  AS  DEFINED  IN  SECTION  TWO
   25  HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
   26  nothing in this section shall be deemed to affect, in any way, the right
   27  of  a  religious or denominational educational institution to select its
   28  students exclusively or primarily  from  members  of  such  religion  or
   29  denomination or from giving preference in such selection to such members
   30  or  to  make  such  selection  of  its students as is calculated by such
   31  institution to promote the religious principles for which it  is  estab-
   32  lished  or  maintained. Nothing herein contained shall impair or abridge
   33  the right of an independent institution, which establishes or  maintains
   34  a  policy of educating persons of one sex exclusively, to admit students
   35  of only one sex.
   36    (b) To penalize any individual because he or she has initiated, testi-
   37  fied, participated or assisted in any proceedings under this section.
   38    (c) To accept any endowment or gift of money or  property  conditioned
   39  upon teaching the doctrine of supremacy of any particular race.
   40    (d)  With  respect  to any individual who withdraws from attendance to
   41  serve on active duty in the armed forces of the United States in time of
   42  war, including any individual who withdrew from attendance on  or  after
   43  August  second,  nineteen  hundred ninety to serve on active duty in the
   44  armed forces of the United States in the Persian Gulf conflict:  (i)  to
   45  deny  or limit the readmission of such individual to such institution or
   46  to any educational program or course operated or provided by such insti-
   47  tution because of such withdrawal from  attendance  or  because  of  the
   48  failure  to complete any educational program or course due to such with-
   49  drawal; (ii) to impose any academic penalty on such  person  because  of
   50  such  withdrawal  or  because of the failure to complete any educational
   51  program or course due to such withdrawal; (iii) to reduce  or  eliminate
   52  any  financial  aid  award granted to such individual which could not be
   53  used, in whole or part, because of such withdrawal  or  because  of  the
   54  failure  to complete any educational program or course due to such with-
   55  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
   56  fees  paid  by  such  individual  for  any semester, term or quarter not
       S. 61--A                           12
    1  completed because of such  withdrawal  or  because  of  the  failure  to
    2  complete any program or course due to such withdrawal.
    3    (e) It shall not be an unfair educational practice for any educational
    4  institution  to  use  criteria  other  than  race, religion, creed, sex,
    5  color, marital status, age, sexual orientation as defined in section two
    6  hundred ninety-two of the executive law, GENDER IDENTITY  OR  EXPRESSION
    7  AS  DEFINED  IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or
    8  national origin in the admission of students to such institution  or  to
    9  any of the educational programs and courses operated or provided by such
   10  institution.
   11    S  19. Section 485.00 of the penal law, as added by chapter 107 of the
   12  laws of 2000, is amended to read as follows:
   13  S 485.00 Legislative findings.
   14    The legislature finds and determines as follows: criminal acts involv-
   15  ing violence, intimidation and destruction of property based  upon  bias
   16  and  prejudice  have  become  more prevalent in New York state in recent
   17  years.  The intolerable truth is that  in  these  crimes,  commonly  and
   18  justly referred to as "hate crimes", victims are intentionally selected,
   19  in  whole  or  in  part,  because of their race, color, national origin,
   20  ancestry, gender, GENDER IDENTITY  OR  EXPRESSION,  religion,  religious
   21  practice,  age,  disability  or  sexual orientation. Hate crimes do more
   22  than threaten the safety and welfare of all citizens.  They  inflict  on
   23  victims  incalculable physical and emotional damage and tear at the very
   24  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
   25  particular  groups  not only harm individual victims but send a powerful
   26  message of intolerance and discrimination to all members of the group to
   27  which the victim belongs.  Hate crimes can and do intimidate and disrupt
   28  entire communities and vitiate the civility that is essential to healthy
   29  democratic processes.   In a  democratic  society,  citizens  cannot  be
   30  required  to  approve  of  the beliefs and practices of others, but must
   31  never commit criminal acts on account of  them.  Current  law  does  not
   32  adequately recognize the harm to public order and individual safety that
   33  hate  crimes  cause. Therefore, our laws must be strengthened to provide
   34  clear recognition of the gravity  of  hate  crimes  and  the  compelling
   35  importance of preventing their recurrence.
   36    Accordingly,  the  legislature  finds  and  declares  that hate crimes
   37  should be prosecuted and punished with appropriate severity.
   38    S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
   39  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
   40  follows:
   41    1. A person commits a hate crime when he or she  commits  a  specified
   42  offense and either:
   43    (a)  intentionally  selects  the  person  against  whom the offense is
   44  committed or intended to be committed in whole or  in  substantial  part
   45  because  of  a  belief or perception regarding the race, color, national
   46  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   47  gious practice, age, disability  or  sexual  orientation  of  a  person,
   48  regardless of whether the belief or perception is correct, or
   49    (b)  intentionally commits the act or acts constituting the offense in
   50  whole or in substantial part because of a belief or perception regarding
   51  the race, color, national origin, ancestry, gender, GENDER  IDENTITY  OR
   52  EXPRESSION,  religion,  religious  practice,  age,  disability or sexual
   53  orientation of a person, regardless of whether the belief or  perception
   54  is correct.
   55    2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
   56  IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
       S. 61--A                           13
    1  sexual orientation of the defendant, the victim or of both the defendant
    2  and the victim  does  not,  by  itself,  constitute  legally  sufficient
    3  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    4  subdivision one of this section.
    5    4. For purposes of this section:
    6    (a) the term "age" means sixty years old or more;
    7    (b)  the  term "disability" means a physical or mental impairment that
    8  substantially limits a major life activity[.];
    9    (C) THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A  PERSON'S  ACTUAL
   10  OR  PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,
   11  OR OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE SEX ASSIGNED TO
   12  THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
   13  TRANSGENDER.
   14    S 21. Subdivision 3 of section 240.30 of the penal law, as amended  by
   15  chapter 188 of the laws of 2014, is amended to read as follows:
   16    3. With the intent to harass, annoy, threaten or alarm another person,
   17  he  or  she strikes, shoves, kicks, or otherwise subjects another person
   18  to physical contact, or attempts or threatens to do the same because  of
   19  a  belief  or  perception  regarding such person's race, color, national
   20  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   21  gious practice, age, disability or  sexual  orientation,  regardless  of
   22  whether the belief or perception is correct; or
   23    S  22.  The  opening  paragraph of section 240.31 of the penal law, as
   24  amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
   25  follows:
   26    A  person  is guilty of aggravated harassment in the first degree when
   27  with intent to harass, annoy, threaten or alarm another person,  because
   28  of  a belief or perception regarding such person's race, color, national
   29  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   30  gious practice, age, disability or  sexual  orientation,  regardless  of
   31  whether the belief or perception is correct, he or she:
   32    S  23.  Section  240.00  of  the  penal law is amended by adding a new
   33  subdivision 7 to read as follows:
   34    7.  "GENDER  IDENTITY  OR  EXPRESSION"  MEANS  A  PERSON'S  ACTUAL  OR
   35  PERCEIVED  GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR
   36  OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE  SEX  ASSIGNED  TO
   37  THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
   38  TRANSGENDER.
   39    S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
   40  procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
   41  to read as follows:
   42    (c) in the case of any hate crime, as defined in section 485.05 of the
   43  penal law, specifies, as applicable, that the  defendant  or  defendants
   44  intentionally selected the person against whom the offense was committed
   45  or  intended to be committed; or intentionally committed the act or acts
   46  constituting the offense, in whole or in substantial part because  of  a
   47  belief  or perception regarding the race, color, national origin, ances-
   48  try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
   49  tice, age, disability or sexual orientation of a person; and
   50    S  25.  This act shall take effect on the thirtieth day after it shall
   51  have become a law; provided, however,  that  sections  nineteen  through
   52  twenty-four  of this act shall take effect on the first of November next
   53  succeeding the date on which it shall have become a law.