N.Y. CVR Law § 29 — New York Code / Act CVR / Article 3 / Section 29
Sensitive locations
Status: in_force

§ 29. Sensitive locations. 1. Definitions. For purposes of this\nsection, the following terms shall have the following meanings:\n  (a) "Sensitive location" means a privately owned or operated:\n  (i) location of any program licensed, regulated, certified, funded, or\napproved by the office of children and family services that provides\nservices to children, youth, or young adults, any legally exempt\nchildcare provider, a childcare program for which a permit to operate\nsuch program has been issued by the New York city department of health\nand mental hygiene pursuant to the health code of the city of New York;\n  (ii) health care facility, including a doctor's office, hospital, or\nany location providing health or behavioral health services;\n  (iii) house of worship, which means any building or structure that a\nreasonable person would know that religious adherents collectively\nrecognize as a place to regularly gather for or to hold religious\nworship activities or provide religious education or instruction, such\nas a church, synagogue, temple, or mosque;\n  (iv) housing accommodation;\n  (v) non-public school;\n  (vi) private school established under chapter eight hundred\nfifty-three of the laws of nineteen hundred seventy-six, or\nstate-supported school established in accordance with article\neighty-five of the education law;\n  (vii) not-for-profit or for-profit higher education institution;\n  (viii) nursery school;\n  (ix) summer camp;\n  (x) senior center;\n  (xi) park, playground, athletic field, or recreation center; or\n  (xii) location being utilized as a polling place in connection with\nthe conduct of an election for an elected position in any government.\n  (b) "Deny access" means declining to grant permission to enter and\ndeclining to facilitate the entry of an individual to a sensitive\nlocation.\n  (c) "Housing accommodation" means any building, structure, or portion\nthereof which is used or occupied or is intended, arranged, or designed\nto be used or occupied, as the home, residence, or sleeping place of one\nor more human beings.\n  (d) "Immigration enforcement" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n  2. Sensitive locations for immigration enforcement. (a) A sensitive\nlocation is empowered to adopt policies and/or procedures, to the\nmaximum extent allowable under law, to deny access to any portion of the\nsensitive location that is not accessible to the general public to any\nindividual seeking access for the purposes of immigration enforcement.\nAny such policy or procedure shall not overcome any circumstance in\nwhich the individual seeking access for the purposes of immigration\nenforcement presents a court order issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631 authorizing them to take into custody the person who is the\nsubject of such warrant or judicial order.\n  (b) A sensitive location shall not be liable under state law if it\nadopts any policy or practice of denying, or chooses to deny, access to\nany portion of a sensitive location that is not accessible to the\ngeneral public to any individual seeking access for the purposes of\ncivil immigration enforcement without presenting a court order issued by\na judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631 authorizing them to take\ninto custody the person who is the subject of such warrant or judicial\norder.\n  3. Enforcement. The attorney general, the office of immigrant trust in\nthe department of law, an individual, or the owner or operator of the\nsensitive location, including a local or state governmental entity that\noperates out of a sensitive location, may apply for an order to the\nsupreme court of the state of New York to obtain appropriate injunctive\nand declaratory relief with respect to any violation of this section.\n  4. Nothing in this section shall be construed to exempt entities\ncovered by this article from the requirements of article fifteen-AA of\nthe executive law, section thirty-two hundred one-b of the education\nlaw, and article nineteen-D of the general municipal law, if otherwise\napplicable.\n  5. The provisions of this section shall apply notwithstanding any\nother provisions of state or local law, charter, code, ordinance,\nresolution, rule, or regulation to the contrary. Provided, however, that\nnothing in this article shall be construed to prevent or restrict the\nstate government from adopting, enacting, or enforcing state policies or\na local government from adopting, enacting, or enforcing local policies,\nlaws, resolutions, ordinances, or regulations which comply with at least\nthe applicable standards or requirements of this section, or which\nexceed the provisions of this section, or which further restrict the\nability of state government or local government personnel to participate\nin immigration enforcement beyond the requirements set forth in the\nchapter of the laws of two thousand twenty-six that added this section.\n