(2) To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of
application for the purchase, rental or lease of any housing
accommodation, land or commercial space or to make any record or inquiry
in connection with the prospective purchase, rental or lease of any
housing accommodation, land or commercial space which expresses,
directly or indirectly, any limitation, specification, or discrimination
as to race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, lawful source of income or familial status; or any
intent to make any such limitation, specification or discrimination.
(3) With respect to age and familial status, the provisions of this
paragraph shall not apply to the restriction of the sale, rental or
lease of any housing accommodation, land or commercial space exclusively
to persons fifty-five years of age or older and the spouse of any such
person, or to the restriction of the sale, rental or lease of any
housing accommodation or land to be used for the construction or
location of housing accommodations for persons sixty-two years of age or
older, or intended and operated for occupancy by at least one person
fifty-five years of age or older per unit. In determining whether
housing is intended and operated for occupancy by persons fifty-five
years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c))
of the federal Fair Housing Act of 1988, as amended, shall apply.