New York State Law
Civil Rights Law
Consolidated Laws of New York's CVR code
Article 2A - NY Civil Rights Law
EQUAL RIGHTS TO PUBLICLY - AIDED HOUSING
| Section | Description |
|---|---|
| 18-A | Findings and declarations of policy. |
| 18-B | Definitions. |
| 18-C | Discrimination prohibited. |
| 18-D | Restraint of discrimination; damages for violations. |
| 18-E | Applicability. |
| 19-A | Prohibition against unreasonable withholding of consent. |
| 19-B | Restraint 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. Top of Page
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