S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          61
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       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
   16  that this prejudice has fostered a  general  climate  of  hostility  and
   17  distrust,  leading  in some instances to physical violence against those
   18  perceived to live in a gender identity or expression which is  different
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00167-01-5
       S. 61                               2
    1  from  that traditionally associated with the sex assigned to that person
    2  at birth.
    3    In so doing, the legislature makes clear its action is not intended to
    4  promote any particular attitude, course of conduct or way of life. Rath-
    5  er its purpose is to ensure that individuals who live in our free socie-
    6  ty have the capacity to make their own choices, follow their own beliefs
    7  and  conduct  their  own lives as they see fit, consistent with existing
    8  law.
    9    The legislature further finds that, as court decisions  have  properly
   10  held,  New  York's sex discrimination laws prohibit discrimination based
   11  on gender stereotypes or  because  an  individual  has  transitioned  or
   12  intends  to  transition  from one gender to another. This legislation is
   13  intended to codify this principle and to ensure that the  public  under-
   14  stands   that  discrimination  on  the  basis  of  gender  identity  and
   15  expression is prohibited.
   16    S 2. Subdivisions 1 and 2 of section 291  of  the  executive  law,  as
   17  amended  by  chapter  196  of  the  laws of 2010, are amended to read as
   18  follows:
   19    1. The opportunity to obtain employment without discrimination because
   20  of age, race, creed, color, national origin, sexual orientation,  GENDER
   21  IDENTITY  OR  EXPRESSION, military status, sex, marital status, or disa-
   22  bility, is hereby recognized as and declared to be a civil right.
   23    2. The opportunity to obtain education, the use of  places  of  public
   24  accommodation  and  the ownership, use and occupancy of housing accommo-
   25  dations and commercial space  without  discrimination  because  of  age,
   26  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   27  OR  EXPRESSION,  military status, sex, marital status, or disability, as
   28  specified in section two hundred ninety-six of this article,  is  hereby
   29  recognized as and declared to be a civil right.
   30    S  3.  Section  292  of  the  executive law is amended by adding a new
   31  subdivision 35 to read as follows:
   32    35. THE TERM "GENDER IDENTITY OR EXPRESSION"  MEANS  HAVING  OR  BEING
   33  PERCEIVED  AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR
   34  OR EXPRESSION WHETHER OR NOT THAT GENDER IDENTITY,  SELF-IMAGE,  APPEAR-
   35  ANCE,  BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSO-
   36  CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
   37    S 4. Subdivisions 8 and 9 of section 295  of  the  executive  law,  as
   38  amended  by  chapter  106  of  the  laws of 2003, are amended to read as
   39  follows:
   40    8. To create such advisory councils, local, regional or state-wide, as
   41  in its judgment will aid in effectuating the purposes  of  this  article
   42  and  of section eleven of article one of the constitution of this state,
   43  and the division may empower them to study  the  problems  of  discrimi-
   44  nation  in  all or specific fields of human relationships or in specific
   45  instances of discrimination because of age, race, creed, color, national
   46  origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
   47  status,  sex,  disability  or marital status and make recommendations to
   48  the division for the development of policies and procedures  in  general
   49  and  in specific instances. The advisory councils also shall disseminate
   50  information about the division's activities to organizations  and  indi-
   51  viduals in their localities. Such advisory councils shall be composed of
   52  representative citizens, serving without pay, but with reimbursement for
   53  actual  and  necessary  traveling  expenses;  and  the division may make
   54  provision for technical and clerical assistance to such councils and for
   55  the expenses of such assistance.
       S. 61                               3
    1    9. To develop human rights plans and policies for the state and assist
    2  in their execution and to make investigations and studies appropriate to
    3  effectuate this article and to issue such publications and such  results
    4  of  investigations  and research as in its judgement will tend to inform
    5  persons  of the rights assured and remedies provided under this article,
    6  to promote good-will and minimize or eliminate discrimination because of
    7  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
    8  IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
    9  status.
   10    S 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
   11  of the executive law, paragraph (a) as amended by chapter 80 of the laws
   12  of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
   13  laws of 2005, are amended to read as follows:
   14    (a)  For  an  employer or licensing agency, because of an individual's
   15  age, race, creed, color, national  origin,  sexual  orientation,  GENDER
   16  IDENTITY  OR  EXPRESSION, military status, sex, disability, predisposing
   17  genetic characteristics, marital status,  or  domestic  violence  victim
   18  status,  to  refuse  to  hire  or  employ or to bar or to discharge from
   19  employment such individual or to discriminate against such individual in
   20  compensation or in terms, conditions or privileges of employment.
   21    (b) For an employment agency to discriminate  against  any  individual
   22  because of age, race, creed, color, national origin, sexual orientation,
   23  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   24  posing genetic characteristics, or marital status, in receiving, classi-
   25  fying,  disposing or otherwise acting upon applications for its services
   26  or in referring an applicant or applicants to an employer or employers.
   27    (c) For a labor organization, because of the age, race, creed,  color,
   28  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   29  military status, sex, disability, predisposing genetic  characteristics,
   30  or  marital  status  of  any individual, to exclude or to expel from its
   31  membership such individual or to discriminate in any way against any  of
   32  its  members  or  against  any employer or any individual employed by an
   33  employer.
   34    (d) For any employer or employment agency to  print  or  circulate  or
   35  cause to be printed or circulated any statement, advertisement or publi-
   36  cation,  or to use any form of application for employment or to make any
   37  inquiry in  connection  with  prospective  employment,  which  expresses
   38  directly  or indirectly, any limitation, specification or discrimination
   39  as to age, race, creed,  color,  national  origin,  sexual  orientation,
   40  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
   41  posing genetic characteristics, or marital status, or any intent to make
   42  any  such limitation, specification or discrimination, unless based upon
   43  a bona fide occupational qualification; provided, however, that  neither
   44  this  paragraph  nor any provision of this chapter or other law shall be
   45  construed to prohibit the department of civil service or the  department
   46  of personnel of any city containing more than one county from requesting
   47  information  from  applicants  for civil service examinations concerning
   48  any of the aforementioned characteristics, other than sexual orientation
   49  OR GENDER IDENTITY OR EXPRESSION, for the purpose of conducting  studies
   50  to  identify and resolve possible problems in recruitment and testing of
   51  members of minority groups to insure  the  fairest  possible  and  equal
   52  opportunities  for  employment  in  the  civil  service for all persons,
   53  regardless of age, race, creed, color, national  origin,  sexual  orien-
   54  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
   55  predisposing genetic characteristics, or marital status.
       S. 61                               4
    1    S  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    2  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    3  amended to read as follows:
    4    (b)  To  deny  to  or withhold from any person because of race, creed,
    5  color,  national  origin,  sexual  orientation,   GENDER   IDENTITY   OR
    6  EXPRESSION,  military  status,  sex, age, disability, or marital status,
    7  the right to be admitted to or participate in  a  guidance  program,  an
    8  apprenticeship  training program, on-the-job training program, executive
    9  training program, or other occupational training or retraining program;
   10    (c) To discriminate against any person in his or her pursuit  of  such
   11  programs  or  to discriminate against such a person in the terms, condi-
   12  tions or privileges of such programs  because  of  race,  creed,  color,
   13  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   14  military status, sex, age, disability or marital status;
   15    (d) To print or circulate or cause to be  printed  or  circulated  any
   16  statement,  advertisement or publication, or to use any form of applica-
   17  tion for such programs or to make any inquiry in  connection  with  such
   18  program  which  expresses, directly or indirectly, any limitation, spec-
   19  ification or discrimination as to race, creed, color,  national  origin,
   20  sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
   21  age,  disability  or  marital  status, or any intention to make any such
   22  limitation, specification or discrimination, unless based on a bona fide
   23  occupational qualification.
   24    S 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
   25  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
   26  as follows:
   27    (a) It shall be an unlawful discriminatory practice  for  any  person,
   28  being  the  owner, lessee, proprietor, manager, superintendent, agent or
   29  employee of any place of  public  accommodation,  resort  or  amusement,
   30  because  of the race, creed, color, national origin, sexual orientation,
   31  GENDER IDENTITY OR EXPRESSION, military status, sex, [or] disability  or
   32  marital  status  of any person, directly or indirectly, to refuse, with-
   33  hold from or deny to such person any of the accommodations,  advantages,
   34  facilities or privileges thereof, including the extension of credit, or,
   35  directly  or  indirectly, to publish, circulate, issue, display, post or
   36  mail any written or printed communication, notice or  advertisement,  to
   37  the  effect  that  any of the accommodations, advantages, facilities and
   38  privileges of any such place shall be refused, withheld from  or  denied
   39  to  any person on account of race, creed, color, national origin, sexual
   40  orientation, GENDER IDENTITY OR EXPRESSION, military status,  sex,  [or]
   41  disability or marital status, or that the patronage or custom thereat of
   42  any  person of or purporting to be of any particular race, creed, color,
   43  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
   44  military status, sex or marital status, or having a disability is unwel-
   45  come, objectionable or not acceptable, desired or solicited.
   46    S  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
   47  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
   48  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
   49  to read as follows:
   50    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
   51  hold from any person or group of  persons  such  housing  accommodations
   52  because  of  the race, creed, color, disability, national origin, sexual
   53  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
   54  marital  status,  or  familial  status  of such person or persons, or to
   55  represent that any housing accommodation or land is  not  available  for
   56  inspection, sale, rental or lease when in fact it is so available.
       S. 61                               5
    1    (b)  To  discriminate  against  any person because of his or her race,
    2  creed, color, disability, national origin,  sexual  orientation,  GENDER
    3  IDENTITY  OR  EXPRESSION,  military status, age, sex, marital status, or
    4  familial status in the terms, conditions or privileges of any  publicly-
    5  assisted  housing  accommodations  or in the furnishing of facilities or
    6  services in connection therewith.
    7    (c) To cause to be made any written or oral inquiry or record concern-
    8  ing the race, creed, color, disability, national origin,  sexual  orien-
    9  tation,  GENDER  IDENTITY OR EXPRESSION, membership in the reserve armed
   10  forces of the United States or in the organized militia  of  the  state,
   11  age, sex, marital status, or familial status of a person seeking to rent
   12  or lease any publicly-assisted housing accommodation; provided, however,
   13  that  nothing in this subdivision shall prohibit a member of the reserve
   14  armed forces of the United States or in the  organized  militia  of  the
   15  state from voluntarily disclosing such membership.
   16    (c-1)  To  print or circulate or cause to be printed or circulated any
   17  statement, advertisement or publication, or to use any form of  applica-
   18  tion  for the purchase, rental or lease of such housing accommodation or
   19  to make any  record  or  inquiry  in  connection  with  the  prospective
   20  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
   21  expresses, directly or  indirectly,  any  limitation,  specification  or
   22  discrimination  as to race, creed, color, national origin, sexual orien-
   23  tation, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
   24  bility,  marital  status,  or familial status, or any intent to make any
   25  such limitation, specification or discrimination.
   26    S 9. Subdivision 3-b of section 296 of the executive law,  as  amended
   27  by chapter 106 of the laws of 2003, is amended to read as follows:
   28    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
   29  estate broker, real estate salesperson or employee or agent  thereof  or
   30  any  other  individual, corporation, partnership or organization for the
   31  purpose of inducing a real estate transaction from which any such person
   32  or any of its stockholders or members may benefit financially, to repre-
   33  sent that a change has occurred or will or may occur in the  composition
   34  with respect to race, creed, color, national origin, sexual orientation,
   35  GENDER IDENTITY OR EXPRESSION, military status, sex, disability, marital
   36  status,  or  familial  status  of  the owners or occupants in the block,
   37  neighborhood or area in which the  real  property  is  located,  and  to
   38  represent,  directly  or indirectly, that this change will or may result
   39  in undesirable consequences in the block, neighborhood or area in  which
   40  the  real property is located, including but not limited to the lowering
   41  of property values, an increase in criminal or anti-social behavior,  or
   42  a decline in the quality of schools or other facilities.
   43    S 10. Subdivision 4 of section 296 of the executive law, as amended by
   44  chapter 106 of the laws of 2003, is amended to read as follows:
   45    4.  It  shall  be an unlawful discriminatory practice for an education
   46  corporation or association which holds itself out to the  public  to  be
   47  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
   48  article four of the real property tax law to deny the use of its facili-
   49  ties to any person otherwise qualified, or to permit the  harassment  of
   50  any  student or applicant, by reason of his race, color, religion, disa-
   51  bility,  national  origin,  sexual  orientation,  GENDER   IDENTITY   OR
   52  EXPRESSION, military status, sex, age or marital status, except that any
   53  such  institution  which  establishes or maintains a policy of educating
   54  persons of one sex exclusively may admit students of only one sex.
   55    S 11. Subdivision 5 of section 296 of the executive law, as amended by
   56  chapter 106 of the laws of 2003, is amended to read as follows:
       S. 61                               6
    1    5. (a) It shall be an unlawful discriminatory practice for the  owner,
    2  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
    3  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
    4  constructed or to be constructed, or any agent or employee thereof:
    5    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    6  from any person or group of persons such a housing accommodation because
    7  of  the  race, creed, color, national origin, sexual orientation, GENDER
    8  IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
    9  status,  or  familial  status of such person or persons, or to represent
   10  that any housing accommodation or land is not available for  inspection,
   11  sale, rental or lease when in fact it is so available.
   12    (2)  To discriminate against any person because of race, creed, color,
   13  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
   14  military  status,  sex,  age,  disability,  marital  status, or familial
   15  status in the terms, conditions or privileges of  the  sale,  rental  or
   16  lease  of any such housing accommodation or in the furnishing of facili-
   17  ties or services in connection therewith.
   18    (3) 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    The provisions of this paragraph (a) shall not apply (1) to the rental
   29  of a housing accommodation in a building which contains housing accommo-
   30  dations  for  not  more  than  two families living independently of each
   31  other, if the owner resides in one of such housing  accommodations,  (2)
   32  to the restriction of the rental of all rooms in a housing accommodation
   33  to  individuals  of the same sex or (3) to the rental of a room or rooms
   34  in a housing accommodation, if such rental is by  the  occupant  of  the
   35  housing  accommodation  or by the owner of the housing accommodation and
   36  the owner resides in such  housing  accommodation  or  (4)  solely  with
   37  respect  to  age  and  familial  status  to the restriction of the sale,
   38  rental or lease of housing accommodations exclusively to persons  sixty-
   39  two  years  of  age  or  older and the spouse of any such person, or for
   40  housing intended and operated for  occupancy  by  at  least  one  person
   41  fifty-five  years of age or older per unit. In determining whether hous-
   42  ing is intended and operated for occupancy by persons  fifty-five  years
   43  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
   44  federal Fair Housing Act of 1988, as amended, shall apply.
   45    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
   46  lessee, sub-lessee, or managing agent of, or  other  person  having  the
   47  right of ownership or possession of or the right to sell, rent or lease,
   48  land or commercial space:
   49    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
   50  from any person or group of persons land or commercial space because  of
   51  the  race,  creed,  color,  national  origin, sexual orientation, GENDER
   52  IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
   53  status,  or  familial  status of such person or persons, or to represent
   54  that any housing accommodation or land is not available for  inspection,
   55  sale, rental or lease when in fact it is so available;
       S. 61                               7
    1    (2)  To discriminate against any person because of race, creed, color,
    2  national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
    3  military  status,  sex,  age,  disability,  marital  status, or familial
    4  status in the terms, conditions or privileges of  the  sale,  rental  or
    5  lease  of  any  such  land  or commercial space; or in the furnishing of
    6  facilities or services in connection therewith;
    7    (3) To print or circulate or cause to be  printed  or  circulated  any
    8  statement,  advertisement or publication, or to use any form of applica-
    9  tion for the purchase, rental or lease of such land or commercial  space
   10  or  to  make  any  record  or inquiry in connection with the prospective
   11  purchase, rental or  lease  of  such  land  or  commercial  space  which
   12  expresses,  directly  or  indirectly,  any  limitation, specification or
   13  discrimination as to race, creed, color, national origin, sexual  orien-
   14  tation,  GENDER IDENTITY OR EXPRESSION, military status, sex, age, disa-
   15  bility, marital status, or familial status; or any intent  to  make  any
   16  such limitation, specification or discrimination.
   17    (4)  With  respect  to age and familial status, the provisions of this
   18  paragraph shall not apply to the restriction  of  the  sale,  rental  or
   19  lease  of  land  or  commercial  space exclusively to persons fifty-five
   20  years of age or older and the spouse of  any  such  person,  or  to  the
   21  restriction  of  the  sale,  rental  or lease of land to be used for the
   22  construction, or location  of  housing  accommodations  exclusively  for
   23  persons  sixty-two  years  of age or older, or intended and operated for
   24  occupancy by at least one person fifty-five years of age  or  older  per
   25  unit.  In determining whether housing is intended and operated for occu-
   26  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
   27  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
   28  amended, shall apply.
   29    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
   30  estate broker, real estate salesperson or employee or agent thereof:
   31    (1)  To  refuse to sell, rent or lease any housing accommodation, land
   32  or commercial space to any person or group of persons or  to  refuse  to
   33  negotiate  for  the sale, rental or lease, of any housing accommodation,
   34  land or commercial space to any person or group of  persons  because  of
   35  the  race,  creed,  color,  national  origin, sexual orientation, GENDER
   36  IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
   37  status,  or  familial  status of such person or persons, or to represent
   38  that any housing accommodation, land or commercial space is  not  avail-
   39  able  for inspection, sale, rental or lease when in fact it is so avail-
   40  able, or otherwise to deny or withhold any housing  accommodation,  land
   41  or commercial space or any facilities of any housing accommodation, land
   42  or  commercial  space from any person or group of persons because of the
   43  race, creed, color, national origin, sexual orientation, GENDER IDENTITY
   44  OR EXPRESSION, military status, sex, age, disability, marital status, or
   45  familial status of such person or persons.
   46    (2) To print or circulate or cause to be  printed  or  circulated  any
   47  statement,  advertisement or publication, or to use any form of applica-
   48  tion for the purchase, rental or lease  of  any  housing  accommodation,
   49  land  or commercial space or to make any record or inquiry in connection
   50  with the prospective purchase, rental or lease of any  housing  accommo-
   51  dation,  land or commercial space which expresses, directly or indirect-
   52  ly, any limitation, specification, or discrimination as to race,  creed,
   53  color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR
   54  EXPRESSION, military status, sex, age, disability,  marital  status,  or
   55  familial  status;  or any intent to make any such limitation, specifica-
   56  tion or discrimination.
       S. 61                               8
    1    (3) With respect to age and familial status, the  provisions  of  this
    2  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    3  lease of any HOUSING ACCOMMODATION, land or commercial space exclusively
    4  to persons fifty-five years of age or older and the spouse of  any  such
    5  person,  or to the restriction of the sale, rental or lease of any hous-
    6  ing accommodation or land to be used for the construction or location of
    7  housing accommodations for persons sixty-two years of age or  older,  or
    8  intended  and  operated  for occupancy by at least one person fifty-five
    9  years of age or older  per  unit.  In  determining  whether  housing  is
   10  intended  and  operated for occupancy by persons fifty-five years of age
   11  or older, Sec.  807 (b) (2) (c) (42 U.S.C. 3607  (b)  (2)  (c))  of  the
   12  federal Fair Housing Act of 1988, as amended, shall apply.
   13    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
   14  estate board, because of the race, creed, color, national origin, sexual
   15  orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
   16  disability,  marital status, or familial status of any individual who is
   17  otherwise qualified for membership, to exclude or expel such  individual
   18  from  membership,  or  to  discriminate  against  such individual in the
   19  terms, conditions and privileges of membership in such board.
   20    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
   21  proprietor  or  managing  agent  of, or other person having the right to
   22  provide care and services in, a private proprietary nursing home, conva-
   23  lescent home, or home for adults, or an intermediate care  facility,  as
   24  defined   in   section  two  of  the  social  services  law,  heretofore
   25  constructed, or to be constructed, or any agent or employee thereof,  to
   26  refuse  to  provide  services  and  care in such home or facility to any
   27  individual or to discriminate  against  any  individual  in  the  terms,
   28  conditions, and privileges of such services and care solely because such
   29  individual  is  a blind person. For purposes of this paragraph, a "blind
   30  person" shall mean a person who is registered as a blind person with the
   31  commission for the visually handicapped and who meets the definition  of
   32  a  "blind  person"  pursuant  to  section  three of chapter four hundred
   33  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
   34  establish a state commission for improving the condition of the blind of
   35  the state of New York, and making an appropriation therefor".
   36    (f)  The  provisions of this subdivision, as they relate to age, shall
   37  not apply to persons under the age of eighteen years.
   38    (g) It shall be an unlawful discriminatory  practice  for  any  person
   39  offering  or  providing housing accommodations, land or commercial space
   40  as described in paragraphs (a), (b), and (c) of this subdivision to make
   41  or cause to be made any written or oral  inquiry  or  record  concerning
   42  membership  of  any person in the state organized militia in relation to
   43  the purchase, rental or lease of such housing  accommodation,  land,  or
   44  commercial  space,  provided,  however, that nothing in this subdivision
   45  shall prohibit a member of the state organized militia from  voluntarily
   46  disclosing such membership.
   47    S  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
   48  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
   49  as follows:
   50    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
   51  department or fire company therein, through any member or members there-
   52  of, officers, board of fire commissioners or other body or office having
   53  power of appointment of volunteer firefighters, directly or  indirectly,
   54  by ritualistic practice, constitutional or by-law prescription, by tacit
   55  agreement  among  its  members,  or otherwise, to deny to any individual
   56  membership in any volunteer fire department or fire company therein,  or
       S. 61                               9
    1  to  expel or discriminate against any volunteer member of a fire depart-
    2  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    3  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
    4  military status, sex or marital status of such individual.
    5    S  13.  Subdivision 13 of section 296 of the executive law, as amended
    6  by chapter 196 of the laws of 2010, is amended to read as follows:
    7    13. It shall be an unlawful discriminatory practice (i) for any person
    8  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    9  with, or otherwise discriminate against any person, because of the race,
   10  creed,  color,  national  origin, sexual orientation, GENDER IDENTITY OR
   11  EXPRESSION, military status, sex, or disability of such  person,  or  of
   12  such  person's  partners,  members,  stockholders,  directors, officers,
   13  managers,  superintendents,  agents,  employees,  business   associates,
   14  suppliers or customers, or (ii) for any person wilfully to do any act or
   15  refrain  from  doing  any act which enables any such person to take such
   16  action. This subdivision shall not apply to:
   17    (a) Boycotts connected with labor disputes; or
   18    (b) Boycotts to protest unlawful discriminatory practices.
   19    S 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
   20  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
   21  follows:
   22    1. It shall be an unlawful discriminatory practice for any creditor or
   23  any officer, agent or employee thereof:
   24    a. In the  case  of  applications  for  credit  with  respect  to  the
   25  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
   26  nance of any housing accommodation, land or commercial space to discrim-
   27  inate against any such applicant because  of  the  race,  creed,  color,
   28  national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
   29  military status, age,  sex,  marital  status,  disability,  or  familial
   30  status  of  such  applicant  or  applicants  or any member, stockholder,
   31  director, officer or employee of such applicant or applicants, or of the
   32  prospective occupants or tenants of such housing accommodation, land  or
   33  commercial  space,  in the granting, withholding, extending or renewing,
   34  or in the fixing of the rates, terms or conditions of, any such credit;
   35    b. To discriminate in the granting, withholding, extending  or  renew-
   36  ing,  or in the fixing of the rates, terms or conditions of, any form of
   37  credit, on the basis of race,  creed,  color,  national  origin,  sexual
   38  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   39  marital status, disability, or familial status;
   40    c. To use any form of application for credit or use or make any record
   41  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
   42  specification,  or  discrimination  as  to  race, creed, color, national
   43  origin, sexual orientation,  GENDER  IDENTITY  OR  EXPRESSION,  military
   44  status, age, sex, marital status, disability, or familial status;
   45    d.  To make any inquiry of an applicant concerning his or her capacity
   46  to reproduce, or his or her use or advocacy of any form of birth control
   47  or family planning;
   48    e. To refuse to consider  sources  of  an  applicant's  income  or  to
   49  subject  an  applicant's  income  to  discounting,  in whole or in part,
   50  because of an applicant's race, creed, color,  national  origin,  sexual
   51  orientation,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
   52  marital status, childbearing potential, disability, or familial status;
   53    f. To discriminate  against  a  married  person  because  such  person
   54  neither uses nor is known by the surname of his or her spouse.
   55    This  paragraph  shall  not  apply to any situation where the use of a
   56  surname would constitute or result in a criminal act.
       S. 61                              10
    1    2. Without limiting the generality of subdivision one of this section,
    2  it shall be considered discriminatory if, because of an  applicant's  or
    3  class  of applicants' race, creed, color, national origin, sexual orien-
    4  tation, GENDER IDENTITY OR EXPRESSION, military status, age, sex,  mari-
    5  tal  status or disability, or familial status, (i) an applicant or class
    6  of applicants is denied credit in circumstances where  other  applicants
    7  of  like  overall  credit worthiness are granted credit, or (ii) special
    8  requirements or conditions, such as requiring co-obligors or  reapplica-
    9  tion upon marriage, are imposed upon an applicant or class of applicants
   10  in  circumstances  where  similar  requirements  or  conditions  are not
   11  imposed upon other applicants of like overall credit worthiness.
   12    3. It shall not  be  considered  discriminatory  if  credit  differen-
   13  tiations  or  decisions  are based upon factually supportable, objective
   14  differences in applicants' overall credit worthiness, which may  include
   15  reference  to  such  factors  as current income, assets and prior credit
   16  history of such applicants, as well as reference to any  other  relevant
   17  factually  supportable  data;  provided, however, that no creditor shall
   18  consider, in evaluating the credit worthiness of an applicant, aggregate
   19  statistics or assumptions  relating  to  race,  creed,  color,  national
   20  origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
   21  status, sex, marital status or disability, or to the likelihood  of  any
   22  group of persons bearing or rearing children, or for that reason receiv-
   23  ing diminished or interrupted income in the future.
   24    S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
   25  law,  as added by chapter 481 of the laws of 2010, is amended to read as
   26  follows:
   27    (b) Subject a domestic worker to unwelcome harassment based on gender,
   28  race, religion, SEXUAL ORIENTATION, GENDER  IDENTITY  OR  EXPRESSION  or
   29  national  origin,  where  such  harassment  has the purpose or effect of
   30  unreasonably interfering with an individual's work performance by creat-
   31  ing an intimidating, hostile, or offensive working environment.
   32    S 16. Section 40-c of the civil rights law, as amended by chapter 2 of
   33  the laws of 2002, is amended to read as follows:
   34    S 40-c. Discrimination. 1. All persons within the jurisdiction of this
   35  state shall be entitled to the equal protection  of  the  laws  of  this
   36  state or any subdivision thereof.
   37    2.  No  person  shall, because of race, creed, color, national origin,
   38  sex, marital status, sexual orientation, GENDER IDENTITY OR  EXPRESSION,
   39  or disability, as such term is defined in section two hundred ninety-two
   40  of  the  executive law, be subjected to any discrimination in his or her
   41  civil rights, or to any harassment, as defined in section 240.25 of  the
   42  penal  law, in the exercise thereof, by any other person or by any firm,
   43  corporation or institution, or by the state or any agency or subdivision
   44  of the state.
   45    S 17. Paragraph (a) of subdivision 1 of section 313 of  the  education
   46  law,  as amended by chapter 2 of the laws of 2002, is amended to read as
   47  follows:
   48    (a) It is hereby declared to be the policy of the state that the Amer-
   49  ican ideal of equality of opportunity requires that students,  otherwise
   50  qualified,  be  admitted to educational institutions and be given access
   51  to all the educational programs and courses operated or provided by such
   52  institutions without regard to race, color, sex, religion, creed,  mari-
   53  tal  status,  age,  sexual orientation as defined in section two hundred
   54  ninety-two of the  executive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS
   55  DEFINED  IN  SECTION  TWO  HUNDRED  NINETY-TWO  OF THE EXECUTIVE LAW, or
   56  national origin, except that, with regard to religious or denominational
       S. 61                              11
    1  educational institutions, students, otherwise qualified, shall have  the
    2  equal  opportunity  to  attend therein without discrimination because of
    3  race, color, sex, marital status, age, sexual orientation as defined  in
    4  section  two hundred ninety-two of the executive law, GENDER IDENTITY OR
    5  EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
    6  LAW, or national origin. It is a fundamental American right for  members
    7  of various religious faiths to establish and maintain educational insti-
    8  tutions  exclusively  or  primarily  for students of their own religious
    9  faith or to effectuate the religious principles in furtherance of  which
   10  they  are  maintained.  Nothing herein contained shall impair or abridge
   11  that right.
   12    S 18. Subdivision 3 of section 313 of the education law, as amended by
   13  chapter 2 of the laws of 2002, is amended to read as follows:
   14    (3) Unfair educational practices. It shall be  an  unfair  educational
   15  practice for an educational institution after September fifteenth, nine-
   16  teen hundred forty-eight:
   17    (a)  To  exclude or limit or otherwise discriminate against any person
   18  or persons seeking admission as students to such institution or  to  any
   19  educational  program  or course operated or provided by such institution
   20  because of race, religion, creed, sex, color, marital status, age, sexu-
   21  al orientation as defined in section two hundred ninety-two of the exec-
   22  utive law, GENDER IDENTITY OR  EXPRESSION  AS  DEFINED  IN  SECTION  TWO
   23  HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
   24  nothing in this section shall be deemed to affect, in any way, the right
   25  of  a  religious or denominational educational institution to select its
   26  students exclusively or primarily  from  members  of  such  religion  or
   27  denomination or from giving preference in such selection to such members
   28  or  to  make  such  selection  of  its students as is calculated by such
   29  institution to promote the religious principles for which it  is  estab-
   30  lished  or  maintained. Nothing herein contained shall impair or abridge
   31  the right of an independent institution, which establishes or  maintains
   32  a  policy of educating persons of one sex exclusively, to admit students
   33  of only one sex.
   34    (b) To penalize any individual because he or she has initiated, testi-
   35  fied, participated or assisted in any proceedings under this section.
   36    (c) To accept any endowment or gift of money or  property  conditioned
   37  upon teaching the doctrine of supremacy of any particular race.
   38    (d)  With  respect  to any individual who withdraws from attendance to
   39  serve on active duty in the armed forces of the United States in time of
   40  war, including any individual who withdrew from attendance on  or  after
   41  August  second,  nineteen  hundred ninety to serve on active duty in the
   42  armed forces of the United States in the Persian Gulf conflict:  (i)  to
   43  deny  or limit the readmission of such individual to such institution or
   44  to any educational program or course operated or provided by such insti-
   45  tution because of such withdrawal from  attendance  or  because  of  the
   46  failure  to complete any educational program or course due to such with-
   47  drawal; (ii) to impose any academic penalty on such  person  because  of
   48  such  withdrawal  or  because of the failure to complete any educational
   49  program or course due to such withdrawal; (iii) to reduce  or  eliminate
   50  any  financial  aid  award granted to such individual which could not be
   51  used, in whole or part, because of such withdrawal  or  because  of  the
   52  failure  to complete any educational program or course due to such with-
   53  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
   54  fees  paid  by  such  individual  for  any semester, term or quarter not
   55  completed because of such  withdrawal  or  because  of  the  failure  to
   56  complete any program or course due to such withdrawal.
       S. 61                              12
    1    (e) It shall not be an unfair educational practice for any educational
    2  institution  to  use  criteria  other  than  race, religion, creed, sex,
    3  color, marital status, age, sexual orientation as defined in section two
    4  hundred ninety-two of the executive law, GENDER IDENTITY  OR  EXPRESSION
    5  AS  DEFINED  IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or
    6  national origin in the admission of students to such institution  or  to
    7  any of the educational programs and courses operated or provided by such
    8  institution.
    9    S  19. Section 485.00 of the penal law, as added by chapter 107 of the
   10  laws of 2000, is amended to read as follows:
   11  S 485.00 Legislative findings.
   12    The legislature finds and determines as follows: criminal acts involv-
   13  ing violence, intimidation and destruction of property based  upon  bias
   14  and  prejudice  have  become  more prevalent in New York state in recent
   15  years.  The intolerable truth is that  in  these  crimes,  commonly  and
   16  justly referred to as "hate crimes", victims are intentionally selected,
   17  in  whole  or  in  part,  because of their race, color, national origin,
   18  ancestry, gender, GENDER IDENTITY  OR  EXPRESSION,  religion,  religious
   19  practice,  age,  disability  or  sexual orientation. Hate crimes do more
   20  than threaten the safety and welfare of all citizens.  They  inflict  on
   21  victims  incalculable physical and emotional damage and tear at the very
   22  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
   23  particular  groups  not only harm individual victims but send a powerful
   24  message of intolerance and discrimination to all members of the group to
   25  which the victim belongs.  Hate crimes can and do intimidate and disrupt
   26  entire communities and vitiate the civility that is essential to healthy
   27  democratic processes.   In a  democratic  society,  citizens  cannot  be
   28  required  to  approve  of  the beliefs and practices of others, but must
   29  never commit criminal acts on account of  them.  Current  law  does  not
   30  adequately recognize the harm to public order and individual safety that
   31  hate  crimes  cause. Therefore, our laws must be strengthened to provide
   32  clear recognition of the gravity  of  hate  crimes  and  the  compelling
   33  importance of preventing their recurrence.
   34    Accordingly,  the  legislature  finds  and  declares  that hate crimes
   35  should be prosecuted and punished with appropriate severity.
   36    S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
   37  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
   38  follows:
   39    1. A person commits a hate crime when he or she  commits  a  specified
   40  offense and either:
   41    (a)  intentionally  selects  the  person  against  whom the offense is
   42  committed or intended to be committed in whole or  in  substantial  part
   43  because  of  a  belief or perception regarding the race, color, national
   44  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   45  gious practice, age, disability  or  sexual  orientation  of  a  person,
   46  regardless of whether the belief or perception is correct, or
   47    (b)  intentionally commits the act or acts constituting the offense in
   48  whole or in substantial part because of a belief or perception regarding
   49  the race, color, national origin, ancestry, gender, GENDER  IDENTITY  OR
   50  EXPRESSION,  religion,  religious  practice,  age,  disability or sexual
   51  orientation of a person, regardless of whether the belief or  perception
   52  is correct.
   53    2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
   54  IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
   55  sexual orientation of the defendant, the victim or of both the defendant
   56  and the victim  does  not,  by  itself,  constitute  legally  sufficient
       S. 61                              13
    1  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    2  subdivision one of this section.
    3    4. For purposes of this section:
    4    (a) the term "age" means sixty years old or more;
    5    (b)  the  term "disability" means a physical or mental impairment that
    6  substantially limits a major life activity[.];
    7    (C) THE TERM "GENDER IDENTITY OR EXPRESSION"  MEANS  HAVING  OR  BEING
    8  PERCEIVED  AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR
    9  OR EXPRESSION WHETHER OR NOT THAT GENDER IDENTITY,  SELF-IMAGE,  APPEAR-
   10  ANCE,  BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSO-
   11  CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
   12    S 21. Subdivision 3 of section 240.30 of the penal law, as amended  by
   13  chapter 188 of the laws of 2014, is amended to read as follows:
   14    3. With the intent to harass, annoy, threaten or alarm another person,
   15  he  or  she strikes, shoves, kicks, or otherwise subjects another person
   16  to physical contact, or attempts or threatens to do the same because  of
   17  a  belief  or  perception  regarding such person's race, color, national
   18  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   19  gious practice, age, disability or  sexual  orientation,  regardless  of
   20  whether the belief or perception is correct; or
   21    S  22.  The  opening  paragraph of section 240.31 of the penal law, as
   22  amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
   23  follows:
   24    A  person  is guilty of aggravated harassment in the first degree when
   25  with intent to harass, annoy, threaten or alarm another person,  because
   26  of  a belief or perception regarding such person's race, color, national
   27  origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
   28  gious practice, age, disability or  sexual  orientation,  regardless  of
   29  whether the belief or perception is correct, he or she:
   30    S  23.  Section  240.00  of  the  penal law is amended by adding a new
   31  subdivision 7 to read as follows:
   32    7. "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING PERCEIVED  AS
   33  HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR EXPRESSION
   34  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR
   35  EXPRESSION  IS DIFFERENT FROM THAT TRADITIONALLY ASSOCIATED WITH THE SEX
   36  ASSIGNED TO THAT PERSON AT BIRTH.
   37    S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
   38  procedure law, as amended by chapter 7 of the laws of 2007,  is  amended
   39  to read as follows:
   40    (c) in the case of any hate crime, as defined in section 485.05 of the
   41  penal  law,  specifies,  as applicable, that the defendant or defendants
   42  intentionally selected the person against whom the offense was committed
   43  or intended to be committed; or intentionally committed the act or  acts
   44  constituting  the  offense, in whole or in substantial part because of a
   45  belief or perception regarding the race, color, national origin,  ances-
   46  try,  gender,  GENDER  IDENTITY OR EXPRESSION, religion, religious prac-
   47  tice, age, disability or sexual orientation of a person; and
   48    S 25. This act shall take effect on the thirtieth day after  it  shall
   49  have  become  a  law;  provided, however, that sections nineteen through
   50  twenty-four of this act shall take effect on the first of November  next
   51  succeeding the date on which it shall have become a law.