Assembly Bill A9195A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9195--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to  amend  the  civil rights law, in relation to the display of
   religious items on dwellings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 79-r to read as follows:
   § 79-R. DISPLAY OF RELIGIOUS ITEMS ON DWELLINGS. 1. EXCEPT  AS  OTHER-
 WISE  PROVIDED  IN  THIS SECTION, A PROPERTY OWNER OR CONTROLLING ENTITY
 SHALL  NOT  ENFORCE  OR  ADOPT  A  RESTRICTIVE  COVENANT  OR  ANY  OTHER
 RESTRICTION  THAT  PROHIBITS  ONE  OR  MORE  RELIGIOUS  ITEMS FROM BEING
 DISPLAYED OR AFFIXED ON THE OWNER'S OR RESIDENT'S ENTRY OR  ENTRY  DOOR-
 FRAME OF THEIR DWELLING.
   2.  THIS SECTION SHALL NOT PROHIBIT THE ENFORCEMENT OF ANY RESTRICTION
 PROHIBITING  THE DISPLAY OR AFFIXING OF A RELIGIOUS ITEM ON ANY PROPERTY
 OWNER'S OR RESIDENT'S DWELLING THAT:
   (A) THREATENS THE PUBLIC HEALTH OR SAFETY;
   (B) VIOLATES ANY FEDERAL, STATE, LOCAL LAW, CODE, RULE OR REGULATION;
   (C) CONTAINS GRAPHICS, LANGUAGE OR ANY  DISPLAY  THAT  IS  OBSCENE  OR
 OTHERWISE ILLEGAL; OR
   (D) IS AN UNREASONABLE OR OBTRUSIVE SIZE.
   3.  IF  AN  OWNER  OR  CONTROLLING  ENTITY  IS PERFORMING MAINTENANCE,
 REPAIR, REPLACEMENT, OR OTHER WORK AFFECTING THE LOCATION OF A RELIGIOUS
 DISPLAY PROTECTED BY THIS SECTION,  THE  RESIDENT  MAY  BE  REQUIRED  TO
 TEMPORARILY  REMOVE  OR  RELOCATE  SUCH DISPLAY FOR THE DURATION OF SUCH
 WORK. UPON COMPLETION OF THE WORK IF THE RELIGIOUS ITEM WAS REMOVED, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05436-02-6
 A. 9195--A                          2
              

 
 RESIDENT SHALL BE ABLE TO RESTORE THE DISPLAY. REASONABLE  NOTICE  SHALL
 BE PROVIDED WHERE PRACTICABLE.
   4. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "DWELLING"  MEANS  A  HOUSING ACCOMMODATION, OR ANY PART THEREOF,
 USED OR OCCUPIED, OR INTENDED, ARRANGED, OR DESIGNED TO BE USED OR OCCU-
 PIED, AS A HOME, RESIDENCE, OR SLEEPING PLACE OF ONE  OR  MORE  PERSONS,
 AND  INCLUDES A RENTAL DWELLING UNIT, A CONDOMINIUM UNIT, AND A DWELLING
 UNIT OCCUPIED BY A SHAREHOLDER OR PROPRIETARY LESSEE  IN  A  COOPERATIVE
 HOUSING CORPORATION;
   (B) "OWNER" INCLUDES AN OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, LANDLORD,
 LESSOR,  SUBLESSOR,  GRANTOR, MANAGING AGENT, OR OTHER PERSON HAVING THE
 RIGHT OF OWNERSHIP OR POSSESSION OF A DWELLING OR  THE  RIGHT  TO  RENT,
 LEASE, LICENSE, OR OTHERWISE GRANT OCCUPANCY THEREOF.
   (C)  "CONTROLLING  ENTITY"  MEANS  A  COOPERATIVE HOUSING CORPORATION,
 CONDOMINIUM BOARD, HOMEOWNERS' ASSOCIATION, MANAGING AGENT, LANDLORD, OR
 ANY OTHER PERSON OR ENTITY AUTHORIZED TO ADOPT OR ENFORCE RULES,  COVEN-
 ANTS,   BYLAWS,   LEASE   TERMS,   PROPRIETARY  LEASE  TERMS,  OR  OTHER
 RESTRICTIONS AFFECTING A DWELLING OR RESIDENTIAL PREMISES;
   (D) "RESIDENT" MEANS A PERSON LAWFULLY OCCUPYING A DWELLING, INCLUDING
 A TENANT, SUBTENANT, CONDOMINIUM UNIT OWNER, SHAREHOLDER, OR PROPRIETARY
 LESSEE; AND
   (E) "RELIGIOUS ITEM" MEANS AN ITEM DISPLAYED BECAUSE OF SINCERELY HELD
 RELIGIOUS BELIEF.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.