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Article 2A - NY Civil Rights Law

EQUAL RIGHTS TO PUBLICLY - AIDED HOUSING

Section Description
18-AFindings and declarations of policy.
18-BDefinitions.
18-CDiscrimination prohibited.
18-DRestraint of discrimination; damages for violations.
18-EApplicability.
19-AProhibition against unreasonable withholding of consent.
19-BRestraint of discrimination; damages for violations.
  S 18-a.  Findings and declarations of policy. 1. This article shall be
  deemed an exercise of the police power of the state for  the  protection
  of  the  welfare,  health  and peace of the people of this state and the
  fulfillment and enforcement of the provisions  of  the  constitution  of
  this state concerning civil rights.
    2.  The  practice  of discrimination because of race, color, religion,
  national  origin  or  ancestry  in   any   publicly   assisted   housing
  accommodations is hereby declared to be against public policy.

  S 18-b. Definitions. When used in this article:
    1.  The  term "person" includes one or more individuals, partnerships,
  associations, corporations, legal representatives, trustees, trustees in
  bankruptcy and receivers or other fiduciaries.
    2. The term "housing accommodation" 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,  but  shall  not  include   any
  accommodations operated by a religious or denominational organization as
  part of its religious or denominational activities.
    3.  The  term  "publicly  assisted housing accommodation" includes any
  housing accommodation within the state of New York
    (a) which, after  July  first,  nineteen  hundred  fifty,  is  granted
  exemption  in  whole or in part from taxes levied by the state or any of
  its political subdivisions;
    (b) which is constructed after July first, nineteen hundred fifty,  on
  land  sold  below cost by the state or any of its political subdivisions
  or any agency thereof, pursuant to the federal housing act  of  nineteen
  hundred forty-nine;
    (c)  which is constructed after July first, nineteen hundred fifty, in
  whole or in part on property acquired or assembled by the state  or  any
  of its political subdivisions or any agency thereof through the power of
  condemnation or otherwise for the purpose of such construction;
    (d)  for the acquisition, construction, repair or maintenance of which
  the state or any of its political subdivisions  or  any  agency  thereof
  supplies,  after  July  first,  nineteen  hundred  fifty, funds or other
  financial assistance;
    (e) (1)  which  is  located  in  a  multiple  dwelling;  and  (2)  the
  acquisition,  construction,  rehabilitation,  repair  or  maintenance of
  which is, after July first, nineteen  hundred  fifty-five,  financed  in
  whole  or  in  part by a loan, whether or not secured by a mortgage, the
  repayment of which is guaranteed or insured by the federal government or
  any agency thereof, or the state or any of its political subdivisions or
  any agency thereof, provided that such a housing accommodation shall  be
  deemed  to  be  publicly  assisted only during the life of such loan and
  such guaranty or insurance; or
    (f) which is offered for sale  by  a  person  who  owns  or  otherwise
  controls  the sale of ten or more housing accommodations located on land
  that  is  contiguous  (exclusive  of  public  streets),   if   (1)   the
  acquisition, construction, rehabilitation, repair or maintenance of such
  housing   accommodations   is,   after   July  first,  nineteen  hundred
  fifty-five, financed in whole or in part  by  a  loan,  whether  or  not
  secured  by  a mortgage, the repayment of which is guaranteed or insured
  by the federal government or any agency thereof, or the state or any  of
  its  political  subdivisions or any agency thereof, provided that such a
  housing accommodation shall be  deemed  to  be  publicly  assisted  only
  during  the  life  of  such  loan  and  guaranty  or insurance, or (2) a
  commitment, issued by a government agency  after  July  first,  nineteen
  hundred  fifty-five,  is  outstanding  that  acquisition of such housing
  accommodations may be financed in whole or in part by a loan, whether or
  not secured by a mortgage, the  repayment  of  which  is  guaranteed  or
  insured by the federal government or any agency thereof, or the state or
  any of its political subdivisions or any agency thereof.
    4.  The  term  "owner"  includes  the  lessee,  sub-lessee,  assignee,
  managing agent, or  other  person  having  the  right  of  ownership  or
  possession  or  the  right  to  rent or lease housing accommodations and
  includes the state and any of its political subdivisions and any  agency
  thereof.
    5. The term "discriminate" includes to segregate or separate.
    6.  The  term  "multiple  dwelling",  as herein used, means a dwelling
  which is occupied, as a rule, for permanent residence purposes and which
  is either rented, leased, let or  hired  out,  to  be  occupied  as  the
  residence or home of three or more families living independently of each
  other.  A "multiple dwelling" shall not be deemed to include a hospital,
  convent,  monastery,  asylum  or  public  institution,  or  a  fireproof
  building  used  wholly  for commercial purposes except for not more than
  one janitor's apartment and not more than one penthouse occupied by  not
  more  than two families. The term "family," as used herein, means either
  a person occupying a dwelling and maintaining a household, with not more
  than four boarders, roomers or lodgers, or two or more persons occupying
  a dwelling, living together and maintaining a common household, with not
  more than four boarders, roomers or lodgers. A  "boarder,"  "roomer"  or
  "lodger"  residing  with  a  family  means  a  person  living within the
  household who pays a consideration  for  such  residence  and  does  not
  occupy  such  space  within  the  household as an incident of employment
  therein.

  S 18-c. Discrimination prohibited. It shall be unlawful:
    1.  For  the  owner  of any publicly assisted housing accommodation to
  refuse to rent or lease or otherwise to deny to  or  withhold  from  any
  person  or  group  of  persons such housing accommodation because of the
  race, color, religion, national origin or ancestry  of  such  person  or
  persons.
    2.  For  the  owner  of any publicly assisted housing accommodation to
  discriminate against any person because of the  race,  color,  religion,
  national  origin  or ancestry of such person in the terms, conditions or
  privileges of any publicly assisted housing  accommodations  or  in  the
  furnishing of facilities or services in connection therewith.
    3.  For  any  person  to  cause to be made any written or oral inquiry
  concerning the race, color, religion, national origin or ancestry  of  a
  person   seeking   to  rent  or  lease  any  publicly  assisted  housing
  accommodation.

  S 18-d. Restraint of discrimination; damages for violations. 1.  Any
  person aggrieved by a violation of section eighteen-c  of  this  chapter
  and  any  person whose assessment shall amount to more than one thousand
  dollars and who shall be liable to pay taxes on such assessment  in  any
  county,  town,  village or municipal corporation in the state or who has
  been assessed  or  who  has  paid  taxes  upon  any  assessment  of  the
  above-named  amount  within  one  year  previous to the initiation of an
  action under this section shall have a right of action in any  court  of
  appropriate  jurisdiction  for restraint of such violation and for other
  equitable remedies including such affirmative relief as may be necessary
  to undo the effects of such violation.
    2. Any person aggrieved by a violation of section eighteen-c  of  this
  chapter  shall  in  addition  have  a  right  of  action in any court of
  appropriate jurisdiction for damages caused by such violation.
    3. At or before the commencement of any  action  under  this  section,
  notice thereof shall be served upon the attorney general.

  S 18-e. Applicability. The provisions of this section shall not apply
  to  privately  owned  housing  accommodations  which  are  not  publicly
  assisted within the meaning of section eighteen-b (3) of this chapter.

  S 19-a. Prohibition against unreasonable withholding of consent.  1.
  No corporation formed for the purpose of the  cooperative  ownership  of
  real  estate  within the state shall withhold its consent to the sale or
  proposed sale of certificates of stock or other evidence of ownership of
  an interest in such corporation because of  the  race,  creed,  national
  origin, or sex of the purchaser.
    2.  For the purposes of this section a "corporation" shall include the
  cooperative management, cooperative tenants,  cooperative  shareholders,
  or any appointee or successor in interest of a corporation.
    3.  This section shall apply to every sale or proposed sale whether by
  a corporation directly, its successor  in  interest,  or  by  any  other
  lawfully entitled party.
    4.  Every  agreement, negative covenant, restrictive covenant or other
  provision, whether written or oral and wherever contained,  inconsistent
  with this section shall be void and unenforceable.

  S 19-b. Restraint  of  discrimination;  damages  for violations. Any
  person aggrieved by a violation of section nineteen-a, including but not
  be limited to, any person who has made a loan, authorized  by  law,  for
  the  purpose of financing the purchase of certificates of stock or other
  evidence of ownership of an interest in a  corporation  formed  for  the
  purpose  of  the cooperative ownership of real estate with the state, or
  any of their lawful successors in interest shall have a right of  action
  in  any court of appropriate jurisdiction to restrain such violation and
  for other equitable  remedies,  including  such  affirmative  and  other
  relief as may be necessary to undo the effects of such violation.

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