New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle J - Division of Human Rights › Part 466 - General Regulations › Section 466.16 - Provision of notice regarding discrimination based on lawful source of income

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statutory Authority. Pursuant to N.Y. Executive Law section 295.5, it is a
				power and a duty of the Division to adopt, promulgate, amend and rescind
				suitable rules and regulations to carry out the provisions of the N.Y.
				Executive Law, article 15 (Human Rights Law) and pursuant to New York Executive
				Law section 170-e, the New York State Division of Human Rights "shall
				promulgate regulations requiring any state, county, municipal or other
				governmental entity. . . or any agency or instrumentality of such an entity,
				and any public or private non-profit entity authorized to administer any public
				housing program or assistance. . . to ensure that individuals who have applied
				for and are eligible to receive such assistance, payment, subsidy or credit are
				informed, in writing, of their rights and remedies available under law, with
				regard to lawful source of income discrimination...." as such rights are
				provided for in Human Rights Law sections 296.2 -a and 296.5.
(b) Effective date. The regulation will be
				effective upon publication of a Notice of Adoption in the New York State
				Register.
(c) Definitions.
(1) "Public housing program or assistance"
				shall mean: section eight housing choice vouchers, or any form of federal,
				state or local government-sponsored housing assistance, payment, subsidy or
				credit paid to a tenant or applicant for housing, or to a housing provider on
				behalf of a tenant or applicant for housing. For the avoidance of doubt, this
				term shall not include project-based rental assistance or housing units that
				have income-based eligibility restrictions, such as those developed with
				low-income housing tax credits and public housing units.
(2) "Lawful source of income" shall include,
				but not be limited to: child support, alimony, foster care subsidies, income
				derived from social security, or any form of federal, state, or local public
				assistance or housing assistance including, but not limited to, section 8
				vouchers, or any other form of housing assistance payment or credit whether or
				not such income or credit is paid or attributed directly to a landlord, and any
				other forms of lawful income.
(3)
				"Housing provider" as referenced in the sample notice shall mean:
(i) "the owner, lessee, sub-lessee, assignee,
				or managing agent of, or other person having the right to sell, rent or lease a
				housing accommodation, constructed or to be constructed, or any agent or
				employee thereof" as set forth in Human Rights Law section 296.5; or
(ii) "the owner, lessee, sub-lessee,
				assignee, or managing agent of publicly-assisted housing accommodations or
				other person having the right of ownership or possession of or the right to
				rent or lease such accommodations" as set forth in Human Rights Law section
				296.2 -a.
(4) "Housing" or
				"housing accommodation" as referenced in the sample notice includes "any
				building, structure, or portion thereof which is used or occupied or is
				intended, arranged or designed to be used or occupied, as the home, residence
				or sleeping place of one or more human beings" as set forth in Human Rights Law
				section 292.10.
(5)
				"Publicly-assisted housing accommodations" as referenced in the sample notice
				shall include:
(i) "public housing" as set
				forth in Human Rights Law section 292.10(a);
(ii) "housing operated by housing companies
				under the supervision of the commissioner of housing" as set forth in Human
				Rights Law section 292.10(b); or
(iii) other publicly-assisted housing as
				described in Human Rights Law section 292.10(c), (d) and
				(e).