New York A 4319: Includes correctional facilities and local correctional facilities as publicly-assisted housing accommodations for purposes of the division of human rights

Bill Text

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A04319 Summary:

BILL NOA04319 

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SAME ASSAME AS S03279

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SPONSORGallagher

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COSPNSREpstein, Mitaynes, Forrest, Kelles, Raga, Shrestha, Weprin, Levenberg, Hevesi, Davila, Reyes,
 Meeks, Mamdani, Tapia, Shimsky, Clark, Gonzalez-Rojas, Simone, Glick, Taylor

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MLTSPNSR

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Amd §§292 & 296, Exec L

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Includes correctional facilities and local correctional facilities as publicly-assisted housing accommodations for purposes of the division of human rights; defines correctional facilities and local correctional facilities.

Go to top A04319 Actions:

BILL NOA04319 

&nbsp

02/04/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA04319 Committee&nbspVotes:

Go to topA04319 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04319 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4319

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. GALLAGHER, EPSTEIN, MITAYNES, FORREST, KELLES,
 RAGA, SHRESTHA, WEPRIN, LEVENBERG, HEVESI, DAVILA, REYES, MEEKS,
 MAMDANI, TAPIA, SHIMSKY -- read once and referred to the Committee on
 Governmental Operations

 AN ACT to amend the executive law, in relation to including correctional
 facilities and local correctional facilities as publicly-assisted
 housing accommodations for purposes of the division of human rights

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative intent and findings. Whereas recent judicial
 2 opinions have created confusion regarding the status of correctional
 3 facilities and law enforcement agencies as subjects of the jurisdiction
 4 of the New York human rights law, the legislature hereby finds and
 5 declares, for the purposes of the human rights law and the division of
 6 human rights, the services provided by law enforcement officers are
 7 public accommodations, correctional facilities and local correctional
 8 facilities are housing accommodations, and law enforcement agencies,
 9 correctional facilities and local correctional facilities are subject to
 10 the jurisdiction of the human rights law.
 11 § 2. Subdivision 10 of section 292 of the executive law, as amended by
 12 section 1 of part GG of chapter 56 of the laws of 2024, is amended to
 13 read as follows:
 14 10. The term "housing accommodation" includes any building, structure,
 15 or portion thereof which is used or occupied or is intended, arranged or
 16 designed to be used or occupied, as the home, residence or sleeping
 17 place of one or more human beings, including any type of correctional
 18 facility or local correctional facility. The term "housing accommo-
 19 dation" also includes any accessory dwelling unit, defined as any
 20 attached or a detached residential dwelling unit that provides complete
 21 independent living facilities for one or more persons which is located
 22 on a lot with a proposed or existing primary residence and shall include

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07031-01-5

 A. 4319 2

 1 permanent provisions for living, sleeping, eating, cooking, and sanita-
 2 tion on the same lot as the single-family or multi-family dwelling.
 3 § 3. Section 292 of the executive law is amended by adding a new
 4 subdivision 42 to read as follows:
 5 42. The terms "correctional facility" and "local correctional facili-
 6 ty" shall have the same meaning as such terms are defined in section two
 7 of the correction law.
 8 § 4. Paragraph (a) of subdivision 2 of section 296 of the executive
 9 law, as separately amended by chapters 202 and 748 of the laws of 2022,
 10 is amended to read as follows:
 11 (a) It shall be an unlawful discriminatory practice for any person,
 12 being the owner, lessee, proprietor, manager, superintendent, agent or
 13 employee of any correctional facility, local correctional facility, law
 14 enforcement agency, place of public accommodation, resort or amusement,
 15 because of the race, creed, color, national origin, citizenship or immi-
 16 gration status, sexual orientation, gender identity or expression, mili-
 17 tary status, sex,