BILL NUMBER: S4466
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to the display of
religious items on dwellings
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits a property owner from enforcing or adopting a restriction that
prohibits one or more religious items from being displayed or affixed on
any entry door or entry door frame of a dwelling.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new section 79-p of the civil rights law to prohibit
property owners from enforcing a restrictive covenant or any other
restriction that prohibits a religious item from being 'displayed or
affixed on any entry door or doorframe. This section does not prohibit
enforcement of a restrictive covenant for display on any door or door-
way, if public health or safety is put at risk, attaching the religious
item hinders closing or opening of the door, violates any federal,
state, or local law, contains graphics, language or any display that is
obscene or illegal, exceeds a certain size requirements. This section
states that if an association is performing maintenance, repair, or
replacement of an entry door or doorframe, the member may be required to
remove the religious item during the time of work being performed, and
may affix it at the conclusion of work.
Section 2 is the effective date.
 
JUSTIFICATION:
Many faiths require or encourage practicing members to display or affix
items to their door. In the Jewish faith, for example, Jews are
commanded to "write the words of G-d on the gates and doorposts of your
house" (Deuteronomy 6:9). Placing a mezuzah -- a small scroll of parch-
ment with two biblical phrases usually inserted into a casing - on
certain doorways is done to achieve this mitzvah. Many practicing
Hindus, adorn their doorways with a toran, colorful hangings which bless
their home and welcome guests.1
Patterned after a California law, this legislation aims to protect the
rights of any individual to display a religious item on their door or
door frame. Currently, Connecticut, Florida, Rhode Island, Illinois and
Texas2 also prohibit restrictions on the placement of religious objects,
including mezuzahs, on outer doorposts or doors.
Although there are protections in federal law against religious discrim-
ination in housing, federal courts have determined these protections do
not extend to the right to place a mezuzah, toran or other religious
item on a doorway, if hallway items are banned for all residences
regardless of their religious beliefs (see Bloch v. Frischholz, 533
F.3d 562 (7th Cir. 2008), aff'd. in part, rev'd. in part, 587 F.3d 771
(7th Cir. 2009, en Banc)).
This legislation seeks to protect the religious rights of Jewish people,
practicing Hindus, and members of other religions to attach a religious
item on their doorframe or entry door with appropriate restrictions. It
will prevent Homeowners Associations or other entities from prohibiting
individuals from displaying any religious items on their door or door-
frame.
 
PRIOR LEGISLATIVE HISTORY:
S3674 (2022/Kaplan): died on 3rd reading
S8834 (2024/Mayer): Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
https://www.hinduamerican.orgiblog/whats-the-meaning- behind-hindu-door-
decorations
2 https://warwickonline.com/storage/new-law-protects-right-to-hang
religious-artifacts-in-doorways=,105703