2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 227-D - Discrimination Based on Domestic Violence Status; Prohibited.

§ 227-d. Discrimination based on domestic violence status; prohibited.
1.  Definitions.  For  the  purposes  of  this  section,  a  person is a
"domestic violence  victim"  and  possesses  "domestic  violence  victim
status"  if  such person is or has been, or is a parent accompanied by a
minor child or children who is or has been, in a situation in which such
person or child is a victim of an act that would  constitute  a  violent
felony  offense  as  enumerated  in section 70.02 of the penal law, or a
family offense as enumerated in subdivision one of section eight hundred
twelve of the family court act, and such act is  alleged  to  have  been
committed  by  a  member  of the same family or household, as defined in
subdivision one of section eight hundred twelve of the family court act.
2. Discrimination based on domestic violence victim status prohibited.
(a) No person, firm or corporation owning or managing any building  used
for dwelling purposes, or the agent of such person, firm or corporation,
shall,  because  of  such  person's or family member's domestic violence
victim status, (1) refuse to rent a residential unit to  any  person  or
family,  when,  but for such status, rental would not have been refused,
(2) discriminate in the terms, conditions, or  privileges  of  any  such
rental,  when,  but  for such status, such discrimination would not have
occurred, or  (3)  print  or  circulate,  or  cause  to  be  printed  or
circulated, any statement, advertisement or publication which expresses,
directly    or    indirectly,    any   limitation,   specification,   or
discrimination. A violation of this subdivision shall be  a  misdemeanor
and, on conviction thereof, shall be punished by a fine of not less than
one  thousand  dollars  and  not more than two thousand dollars for each
offense; provided, however, that it shall be a defense that such person,
firm, corporation or agent refused to rent a  residential  unit  on  any
other lawful ground.
(b)  (1)  Where  discriminatory conduct prohibited by this subdivision
has occurred, such person or family shall have a cause of action in  any
court of appropriate jurisdiction for compensatory and punitive damages,
with  such  punitive damages not exceeding two thousand dollars for each
offense, and declaratory and injunctive relief; and (2) in  all  actions
brought  under this section, reasonable attorneys' fees as determined by
the court may be awarded to a prevailing party, provided, however,  that
a  prevailing  defendant  in order to recover such reasonable attorneys'
fees must make a motion requesting such fees and show that the action or
proceeding brought was  frivolous.  In  order  to  find  the  action  or
proceeding  to  be  frivolous,  the  court  must find one or more of the
following: (i) the action was commenced, used or continued in bad faith,
solely to delay or prolong the resolution of the litigation or to harass
or maliciously injure another; or  (ii)  the  action  was  commenced  or
continued  in  bad  faith  without any reasonable basis and could not be
supported by a good faith argument for  an  extension,  modification  or
reversal  of  existing  law.  If  the  action or proceeding was promptly
discontinued when the party or attorney learned or should  have  learned
that  the action or proceeding lacked such a reasonable basis, the court
may find that the party or the attorney did not act in bad faith.
(c) Nothing in this section shall be construed as limiting the ability
of a person, firm or corporation owning or managing a building used  for
dwelling  purposes,  or  the  agent of such person, firm or corporation,
from applying reasonable standards not based on or derived from domestic
violence victim status in determining the eligibility  of  a  person  or
family seeking to rent a residential unit.
(d)  This  section  shall  not  apply  to  buildings used for dwelling
purposes that are owner occupied  and  have  two  or  fewer  residential
units.
3.  A  person, firm, or corporation owning or managing a building used
for dwelling purposes or agent of such person, firm or corporation shall
not be civilly liable to other tenants, guests, invitees,  or  licensees
arising  from  reasonable  and  good  faith  efforts to comply with this
section.
4. Nothing in this section shall be construed as prohibiting a person,
firm  or  corporation  owning  or  managing a building used for dwelling
purposes, or the agent of such person, firm or corporation, from:
(a) providing or preserving a  rental  preference  in  any  public  or
private housing for victims of domestic violence;
(b)  providing any other assistance to victims of domestic violence in
obtaining or retaining any public or private housing; or
(c) responding to an inquiry or request by an  applicant,  tenant,  or
leaseholder who is a victim of domestic violence.
5.  Nothing  in  this  section  shall  be  construed  as prohibiting a
municipality from retaining or promulgating  local  laws  or  ordinances
imposing  additional  or enhanced protections prohibiting discrimination
against victims of domestic violence.
6.  Nothing  in  this  section  shall  be   construed   as   limiting,
diminishing, or otherwise affecting any rights under existing law.