NY Exec L § 292 (2021)
2021 New York Laws EXC - Executive Article 15 - Human Rights Law 292 - Definitions.

§ 292. Definitions. When used in this article:   1.  The  term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.   2. The term "employment agency" includes  any  person  undertaking  to procure employees or opportunities to work.   3.  The  term  "labor  organization"  includes  any organization which exists and is constituted for the purpose,  in  whole  or  in  part,  of collective   bargaining   or   of   dealing  with  employers  concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.   4. The term "unlawful discriminatory  practice"  includes  only  those practices  specified  in  sections  two  hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred  ninety-six-d  of this article.   5. The term "employer" shall include all employers within the state.   6. The term "employee" in this article does not include any individual employed  by  his  or  her  parents, spouse or child, or in the domestic service of any person  except  as  set  forth  in  section  two  hundred ninety-six-b of this title.   7. The term "commissioner", unless a different meaning clearly appears from  the context, means the state commissioner of human rights; and the term "division" means the state division of human rights created by this article.   8. The term "national origin" shall, for the purposes of this article, include "ancestry."   9. The term "place of public accommodation, resort or amusement" shall include, regardless of whether the owner or operator of such place is  a state  or  local  government  entity  or a private individual or entity, except as hereinafter specified, all places included in the  meaning  of such  terms  as:  inns,  taverns,  road  houses, hotels, motels, whether conducted  for  the  entertainment  of  transient  guests  or  for   the accommodation   of   those   seeking  health,  recreation  or  rest,  or restaurants, or eating houses, or any  place  where  food  is  sold  for consumption  on  the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold;  ice  cream parlors,  confectionaries,  soda  fountains,  and  all  stores where ice cream, ice  and  fruit  preparations  or  their  derivatives,  or  where beverages  of  any  kind  are  retailed for consumption on the premises; wholesale and retail stores and establishments  dealing  with  goods  or services  of  any  kind,  dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments,  barber shops,  beauty parlors, theatres, motion picture houses, airdromes, roof gardens,  music  halls,  race  courses,  skating  rinks,  amusement  and recreation  parks,  trailer  camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or  tour  advisory services,  agencies  or  bureaus;  public  halls,  public  rooms, public elevators, and any public areas of any building or structure. Such  term shall  not  include  kindergartens,  primary and secondary schools, high schools, academies, colleges and universities,  extension  courses,  and all educational institutions under the supervision of the regents of the state  of New York; any such kindergarten, primary and secondary school, academy, college, university, professional school, extension  course  or other  education facility, supported in whole or in part by public funds or  by  contributions  solicited  from  the  general  public;   or   any institution,  club  or place of accommodation which proves that it is in  its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service  and regularly  receives  payment  for  dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or  business.  An  institution, club,  or  place of accommodation which is not deemed distinctly private pursuant to this  subdivision  may  nevertheless  apply  such  selective criteria  as  it  chooses  in  the  use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so  long as  such  selective  criteria do not constitute discriminatory practices under this article or any other provision of law. For  the  purposes  of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of  this  state  or  a  religious  corporation  incorporated  under  the education law or the religious corporations law shall be deemed to be in its nature distinctly private.   No institution, club, organization or  place  of  accommodation  which sponsors or conducts any amateur athletic contest or sparring exhibition and  advertises  or bills such contest or exhibition as a New York state championship  contest  or  uses  the  words  "New  York  state"  in  its announcements shall be deemed a private exhibition within the meaning of this section.   10. 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.   11. The term "publicly-assisted housing accommodations" shall  include all housing accommodations within the state of New York in  (a) public housing,  (b) housing operated by housing companies under the supervision of the commissioner of housing,  (c)  housing  constructed  after  July  first, nineteen hundred fifty, within the state of New York  (1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,  (2) which is constructed 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,  (3) which is constructed 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, or  (4)  for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions  or  any  agency  thereof supplies funds or other financial assistance,  (d)  housing which is located in a multiple dwelling, 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; and  (e) housing 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.   12.  The  term  "multiple  dwelling", as herein used, means a dwelling which is occupied, as a rule, for permanent residence purposes and which is either sold, 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. Within the context of  this  definition,  the  terms  "multiple dwelling" and "multi-family dwelling" are interchangeable.   13.  The  term  "commercial  space"  means  any  space  in a building, structure, or portion thereof which is used or occupied or is  intended, arranged  or  designed to be used or occupied for the manufacture, sale, resale,  processing,  reprocessing,   displaying,   storing,   handling, garaging  or  distribution  of personal property; and any space which is used or occupied, or is intended, arranged or designed  to  be  used  or occupied  as  a  separate business or professional unit or office in any building, structure or portion thereof.   14.  The  term  "real  estate  broker"  means  any  person,  firm   or corporation who, for another and for a fee, commission or other valuable consideration,   lists   for  sale,  sells,  at  auction  or  otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale,  at auction  or  otherwise,  exchange,  purchase  or  rental of an estate or interest in real estate, or collects or offers or  attempts  to  collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate,  a  loan  secured  or  to  be  secured by a mortgage or other incumbrance upon or transfer  of  real  estate.  In  the  sale  of  lots pursuant  to  the provisions of article nine-a of the real property law, the  term  "real  estate  broker"  shall  also   include   any   person, partnership,  association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real  estate,  at  a  stated salary,  or  upon  a  commission,  or  upon  a salary and commission, or otherwise, to sell such real estate, or any parts thereof,  in  lots  or other  parcels,  and  who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot  or  parcel  of real estate.    15.  The  term  "real estate salesperson" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy  or  offer  to  buy  or  to  negotiate  the purchase  or  sale or exchange of real estate, or to negotiate a loan on real  estate,  or  to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts  to  collect rent  for  the  use  of real estate for or in behalf of such real estate broker.   16. The term "necessary party"  means  any  person  who  has  such  an interest  in  the  subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.   17. The term  "parties  to  the  proceeding"  means  the  complainant, respondent,  necessary  parties  and  persons  permitted to intervene as parties in a proceeding with respect to a  complaint  filed  under  this article.   18.  The term "hearing examiner" means an employee of the division who shall be assigned for stated periods to no other work than  the  conduct of hearings under this article;   19.   The   term   "discrimination"   shall  include  segregation  and separation.   20. The term "credit", when used  in  this  article  means  the  right conferred  upon  a  person  by  a  creditor  to incur debt and defer its payment, whether or not any interest or finance charge is made  for  the exercise of this right.   21.  The  term  "disability"  means  (a) a physical, mental or medical impairment  resulting  from  anatomical,   physiological,   genetic   or neurological  conditions  which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an  impairment  or  (c)  a condition  regarded  by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the  complainant  from  performing  in  a reasonable  manner  the  activities  involved  in  the job or occupation sought or held.   21-a. "Predisposing genetic characteristic" shall mean  any  inherited gene  or  chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual  or  family member  that  is  scientifically  or medically believed to predispose an individual  or  the  offspring  of  that  individual  to  a  disease  or disability,  or  to  be  associated  with  a  statistically  significant increased risk of  development  of  a  physical  or  mental  disease  or disability.   21-b. "Genetic test" shall mean a test for determining the presence or absence  of  an  inherited  genetic  characteristic  in  an  individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order  to  identify  a  predisposing  genetic characteristic.   21-e.  The  term  "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in  a  reasonable  manner  the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing  or  vision,  job  restructuring  and  modified  work schedules; provided, however, that such actions do not impose an undue hardship  on  the  business,  program or enterprise of the entity from which action is requested.   21-f. The term "pregnancy-related condition" means a medical condition related  to  pregnancy  or  childbirth  that  inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory  diagnostic  techniques,  including  but  not  limited  to lactation;  provided,  however,  that  in all provisions of this article dealing with employment, the term shall be limited to conditions  which, upon  the  provision  of  reasonable  accommodations, do not prevent the complainant from  performing  in  a  reasonable  manner  the  activities involved  in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article.   22. The term "creditor", when used in this article, means  any  person or  financial  institution  which  does business in this state and which extends credit or arranges for the extension of credit  by  others.  The term  creditor  includes,  but  is  not  limited  to,  banks  and  trust companies, private bankers, foreign banking  corporations  and  national banks,  savings  banks, licensed lenders, savings and loan associations, credit  unions,  sales  finance  companies,  insurance  premium  finance agencies,  insurers,  credit  card  issuers,  mortgage brokers, mortgage companies,  mortgage  insurance  corporations,  wholesale   and   retail merchants and factors.   23.  The  term  "credit  reporting bureau", when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined  by  subdivision  e  of  section  three hundred seventy-one of the general business law.   24.  The  term  "regulated creditor", when used in this article, means any creditor,  as  herein  defined,  which  has  received  its  charter, license,  or  organization  certificate,  as  the  case may be, from the department of financial services or which is otherwise  subject  to  the supervision of the department of financial services.   25.  The  term  "superintendent", when used in this article, means the head of the department  of  financial  services  appointed  pursuant  to section two hundred two of the financial services law.   26. The term "familial status", when used in this article, means:  (a)  any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or  (b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:  (1) a parent or another person having legal custody of such individual or individuals, or  (2) the designee of such parent.   27.   The   term   "sexual   orientation"    means    heterosexuality, homosexuality,  bisexuality  or asexuality, whether actual or perceived. However, nothing contained herein shall be construed to protect  conduct otherwise proscribed by law.   28.  The  term  "military  status"  when  used in this article means a person's participation in the military service of the United  States  or the  military  service  of  the state, including but not limited to, the armed forces of the United States, the  army  national  guard,  the  air national guard, the New York naval militia, the New York guard, and such additional  forces  as may be created by the federal or state government as authorized by law.   29. The term "reserve armed forces", when used in this article,  means service  other  than permanent, full-time service in the military forces of the United States including but not limited to service in the  United  States  Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve.   30.  The  term  "organized  militia  of  the state", when used in this article, means service other than permanent, full-time  service  in  the military  forces  of  the state of New York including but not limited to the New York army national guard, the New York air national  guard,  the New York naval militia and the New York guard.   34. The term "victim of domestic violence" shall have the same meaning as  is ascribed to such term by section four hundred fifty-nine-a of the social services law.   35. The term "gender identity or expression" means a  person's  actual or  perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.   36. The term "lawful source of  income"  shall  include,  but  not  be limited  to,  child  support,  alimony,  foster  care  subsidies, income derived from social security, or any form of federal,  state,  or  local public  assistance  or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance  payment  or credit  whether  or  not  such  income  or  credit is paid or attributed directly to a landlord, and  any  other  forms  of  lawful  income.  The provisions  of  this  subdivision shall not be construed to prohibit the use of criteria or qualifications of eligibility for the  sale,  rental, leasing  or  occupancy of publicly-assisted housing accommodations where such criteria or qualifications are required to comply with  federal  or state law, or are necessary to obtain the benefits of a federal or state program.   A   publicly   assisted  housing  accommodation  may  include eligibility criteria  in  statements,  advertisements,  publications  or applications,  and may make inquiry or request information to the extent necessary to determine eligibility.   * 37. The term "race" shall, for the purposes of this article  include traits  historically associated with race, including but not limited to, hair texture and protective hairstyles.   * NB There are 3 sb 37's   * 37. The term "educational institution" shall mean:  (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to  the provisions of article four of the real property tax law; or  (b)  any  public  school,  including  any  school  district,  board of cooperative educational services, public college or public university.   * NB There are 3 sb 37's   * 37. The term "private employer"  as  used  in  section  two  hundred ninety-seven   of  this  article  shall  include  any  person,  company, corporation, labor organization or association. It shall not include the state  or  any  local  subdivision  thereof,  or  any  state  or   local department, agency, board or commission.   * NB There are 3 sb 37's   38. The term "protective hairstyles" shall include, but not be limited to, such hairstyles as braids, locks, and twists.