§ 292 — Definitions

New York § 292

• Jurisdiction: New York
• Law EXC: Executive
• Art. 15: Human Rights Law

Text

§ 292. Definitions. When used in this article:\n 1. The term "person" includes one or more individuals, partnerships,\nassociations, corporations, legal representatives, trustees, trustees in\nbankruptcy, or receivers.\n 2. The term "employment agency" includes any person undertaking to\nprocure employees or opportunities to work.\n 3. The term "labor organization" includes any organization which\nexists and is constituted for the purpose, in whole or in part, of\ncollective bargaining or of dealing with employers concerning\ngrievances, terms or conditions of employment, or of other mutual aid or\nprotection in connection with employment.\n 4. The term "unlawful discriminatory practice" includes only those\npractices specified in sections two hundred ninety-six, two hundred\nninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of\nthis article.\n 5. The term "employer" shall include all employers within the state.\nFor the purposes of this article, (a) the state of New York shall be\nconsidered an employer of any employee or official, including any\nelected official, of the New York state executive, legislature, or\njudiciary, including persons serving in any judicial capacity, and\npersons serving on the staff of any elected official in New York state,\n (b) a city, county, town, village or other political subdivision of\nthe state of New York shall be considered an employer of any employee or\nofficial, including any elected official, of such locality's executive,\nlegislature or judiciary, including persons serving in any local\njudicial capacity, and persons serving on the staff of any local elected\nofficial.\n 6. The term "employee" in this article does not include any individual\nemployed by his or her parents, spouse, or child.\n 7. The term "commissioner", unless a different meaning clearly appears\nfrom the context, means the state commissioner of human rights; and the\nterm "division" means the state division of human rights created by this\narticle.\n 8. The term "national origin" shall, for the purposes of this article,\ninclude "ancestry."\n 9. The term "place of public accommodation, resort or amusement" shall\ninclude, regardless of whether the owner or operator of such place is a\nstate or local government entity or a private individual or entity,\nexcept as hereinafter specified, all places included in the meaning of\nsuch terms as: inns, taverns, road houses, hotels, motels, whether\nconducted for the entertainment of transient guests or for the\naccommodation of those seeking health, recreation or rest, or\nrestaurants, or eating houses, or any place where food is sold for\nconsumption on the premises; buffets, saloons, barrooms, or any store,\npark or enclosure where spirituous or malt liquors are sold; ice cream\nparlors, confectionaries, soda fountains, and all stores where ice\ncream, ice and fruit preparations or their derivatives, or where\nbeverages of any kind are retailed for consumption on the premises;\nwholesale and retail stores and establishments dealing with goods or\nservices of any kind, dispensaries, clinics, hospitals, bath-houses,\nswimming pools, laundries and all other cleaning establishments, barber\nshops, beauty parlors, theatres, motion picture houses, airdromes, roof\ngardens, music halls, race courses, skating rinks, amusement and\nrecreation parks, trailer camps, resort camps, fairs, bowling alleys,\ngolf courses, gymnasiums, shooting galleries, billiard and pool parlors;\ngarages, all public conveyances operated on land or water or in the air,\nas well as the stations and terminals thereof; travel or tour advisory\nservices, agencies or bureaus; public halls, public rooms, public\nelevators, and any public areas of any building or structure. Such term\nshall not include kindergartens, primary and secondary schools, high\nschools, academies, colleges and universities, extension courses, and\nall educational institutions under the supervision of the regents of the\nstate of New York; any such kindergarten, primary and secondary school,\nacademy, college, university, professional school, extension course or\nother education facility, supported in whole or in part by public funds\nor by contributions solicited from the general public; or any\ninstitution, club or place of accommodation which proves that it is in\nits nature distinctly private. In no event shall an institution, club or\nplace of accommodation be considered in its nature distinctly private if\nit has more than one hundred members, provides regular meal service and\nregularly receives payment for dues, fees, use of space, facilities,\nservices, meals or beverages directly or indirectly from or on behalf of\na nonmember for the furtherance of trade or business. An institution,\nclub, or place of accommodation which is not deemed distinctly private\npursuant to this subdivision may nevertheless apply such selective\ncriteria as it chooses in the use of its facilities, in evaluating\napplicants for membership and in the conduct of its activities, so long\nas such selective criteria do not constitute discriminatory practices\nunder this article or any other provision of law. For the purposes of\nthis section, a corporation incorporated under the benevolent orders law\nor described in the benevolent orders law but formed under any other law\nof this state or a religious corporation incorporated under the\neducation law or the religious corporations law shall be deemed to be in\nits nature distinctly private.\n No institution, club, organization or place of accommodation which\nsponsors or conducts any amateur athletic contest or sparring exhibition\nand advertises or bills such contest or exhibition as a New York state\nchampionship contest or uses the words "New York state" in its\nannouncements shall be deemed a private exhibition within the meaning of\nthis section.\n 10. The term "housing accommodation" includes any building, structure,\nor portion thereof which is used or occupied or is intended, arranged or\ndesigned to be used or occupied, as the home, residence or sleeping\nplace of one or more human beings. The term "housing accommodation" also\nincludes any accessory dwelling unit, defined as any attached or a\ndetached residential dwelling unit that provides complete independent\nliving facilities for one or more persons which is located on a lot with\na proposed or existing primary residence and shall include permanent\nprovisions for living, sleeping, eating, cooking, and sanitation on the\nsame lot as the single-family or multi-family dwelling.\n 11. The term "publicly-assisted housing accommodations" shall include\nall housing accommodations within the state of New York in\n (a) public housing,\n (b) housing operated by housing companies under the supervision of the\ncommissioner of housing,\n (c) housing constructed after July first, nineteen hundred fifty,\nwithin the state of New York\n (1) which is exempt in whole or in part from taxes levied by the state\nor any of its political subdivisions,\n (2) which is constructed on land sold below cost by the state or any\nof its political subdivisions or any agency thereof, pursuant to the\nfederal housing act of nineteen hundred forty-nine,\n (3) which is constructed in whole or in part on property acquired or\nassembled by the state or any of its political subdivisions or any\nagency thereof through the power of condemnation or otherwise for the\npurpose of such construction, or\n (4) for the acquisition, construction, repair or maintenance of which\nthe state or any of its political subdivisions or any agency thereof\nsupplies funds or other financial assistance,\n (d) housing which is located in a multiple dwelling, the acquisition,\nconstruction, rehabilitation, repair or maintenance of which is, after\nJuly first, nineteen hundred fifty-five, financed in whole or in part by\na loan, whether or not secured by a mortgage, the repayment of which is\nguaranteed or insured by the federal government or any agency thereof,\nor the state or any of its political subdivisions or any agency thereof,\nprovided that such a housing accommodation shall be deemed to be\npublicly assisted only during the life of such loan and such guaranty or\ninsurance; and\n (e) housing which is offered for sale by a person who owns or\notherwise controls the sale of ten or more housing accommodations\nlocated on land that is contiguous (exclusive of public streets), if (1)\nthe acquisition, construction, rehabilitation, repair or maintenance of\nsuch housing accommodations is, after July first, nineteen hundred\nfifty-five, financed in whole or in part by a loan, whether or not\nsecured by a mortgage, the repayment of which is guaranteed or insured\nby the federal government or any agency thereof, or the state or any of\nits political subdivisions or any agency thereof, provided that such a\nhousing accommodation shall be deemed to be publicly assisted only\nduring the life of such loan and guaranty or insurance, or (2) a\ncommitment, issued by a government agency after July first, nineteen\nhundred fifty-five, is outstanding that acquisition of such housing\naccommodations may be financed in whole or in part by a loan, whether or\nnot secured by a mortgage, the repayment of which is guaranteed or\ninsured by the federal government or any agency thereof, or the state or\nany of its political subdivisions or any agency thereof.\n 12. The term "multiple dwelling", as herein used, means a dwelling\nwhich is occupied, as a rule, for permanent residence purposes and which\nis either sold, rented, leased, let or hired out, to be occupied as the\nresidence or home of three or more families living independently of each\nother. A "multiple dwelling" shall not be deemed to include a hospital,\nconvent, monastery, asylum or public institution, or a fireproof\nbuilding used wholly for commercial purposes except for not more than\none janitor's apartment and not more than one penthouse occupied by not\nmore than two families. The term "family," as used herein, means either\na person occupying a dwelling and maintaining a household, with not more\nthan four boarders, roomers or lodgers, or two or more persons occupying\na dwelling, living together and maintaining a common household, with not\nmore than four boarders, roomers or lodgers. A "boarder," "roomer" or\n"lodger" residing with a family means a person living within the\nhousehold who pays a consideration for such residence and does not\noccupy such space within the household as an incident of employment\ntherein. Within the context of this definition, the terms "multiple\ndwelling" and "multi-family dwelling" are interchangeable.\n 13. The term "commercial space" means any space in a building,\nstructure, or portion thereof which is used or occupied or is intended,\narranged or designed to be used or occupied for the manufacture, sale,\nresale, processing, reprocessing, displaying, storing, handling,\ngaraging or distribution of personal property; and any space which is\nused or occupied, or is intended, arranged or designed to be used or\noccupied as a separate business or professional unit or office in any\nbuilding, structure or portion thereof.\n 14. The term "real estate broker" means any person, firm or\ncorporation who, for another and for a fee, commission or other valuable\nconsideration, lists for sale, sells, at auction or otherwise,\nexchanges, buys or rents, or offers or attempts to negotiate a sale, at\nauction or otherwise, exchange, purchase or rental of an estate or\ninterest in real estate, or collects or offers or attempts to collect\nrent for the use of real estate, or negotiates, or offers or attempts to\nnegotiate, a loan secured or to be secured by a mortgage or other\nincumbrance upon or transfer of real estate. In the sale of lots\npursuant to the provisions of article nine-a of the real property law,\nthe term "real estate broker" shall also include any person,\npartnership, association or corporation employed by or on behalf of the\nowner or owners of lots or other parcels of real estate, at a stated\nsalary, or upon a commission, or upon a salary and commission, or\notherwise, to sell such real estate, or any parts thereof, in lots or\nother parcels, and who shall sell or exchange, or offer or attempt or\nagree to negotiate the sale or exchange, of any such lot or parcel of\nreal estate.\n 15. The term "real estate salesperson" means a person employed by a\nlicensed real estate broker to list for sale, sell or offer for sale, at\nauction or otherwise, to buy or offer to buy or to negotiate the\npurchase or sale or exchange of real estate, or to negotiate a loan on\nreal estate, or to lease or rent or offer to lease, rent or place for\nrent any real estate, or who collects or offers or attempts to collect\nrent for the use of real estate for or in behalf of such real estate\nbroker.\n 16. The term "necessary party" means any person who has such an\ninterest in the subject matter of a proceeding under this article, or\nwhose rights are so involved, that no complete and effective disposition\ncan be made without his or her participation in the proceeding.\n 17. The term "parties to the proceeding" means the complainant,\nrespondent, necessary parties and persons permitted to intervene as\nparties in a proceeding with respect to a complaint filed under this\narticle.\n 18. The term "hearing examiner" means an employee of the division who\nshall be assigned for stated periods to no other work than the conduct\nof hearings under this article;\n 19. The term "discrimination" shall include segregation and\nseparation.\n 20. The term "credit", when used in this article means the right\nconferred upon a person by a creditor to incur debt and defer its\npayment, whether or not any interest or finance charge is made for the\nexercise of this right.\n 21. The term "disability" means (a) a physical, mental or medical\nimpairment resulting from anatomical, physiological, genetic or\nneurological conditions which prevents the exercise of a normal bodily\nfunction or is demonstrable by medically accepted clinical or laboratory\ndiagnostic techniques or (b) a record of such an impairment or (c) a\ncondition regarded by others as such an impairment, provided, however,\nthat in all provisions of this article dealing with employment, the term\nshall be limited to disabilities which, upon the provision of reasonable\naccommodations, do not prevent the complainant from performing in a\nreasonable manner the activities involved in the job or occupation\nsought or held.\n 21-a. "Predisposing genetic characteristic" shall mean any inherited\ngene or chromosome, or alteration thereof, and determined by a genetic\ntest or inferred from information derived from an individual or family\nmember that is scientifically or medically believed to predispose an\nindividual or the offspring of that individual to a disease or\ndisability, or to be associated with a statistically significant\nincreased risk of development of a physical or mental disease or\ndisability.\n 21-b. "Genetic test" shall mean a test for determining the presence or\nabsence of an inherited genetic characteristic in an individual,\nincluding tests of nucleic acids such as DNA, RNA and mitochondrial DNA,\nchromosomes or proteins in order to identify a predisposing genetic\ncharacteristic.\n 21-e. The term "reasonable accommodation" means actions taken which\npermit an employee, prospective employee or member with a disability, or\na pregnancy-related condition, to perform in a reasonable manner the\nactivities involved in the job or occupation sought or held and include,\nbut are not limited to, provision of an accessible worksite, acquisition\nor modification of equipment, support services for persons with impaired\nhearing or vision, job restructuring and modified work schedules;\nprovided, however, that such actions do not impose an undue hardship on\nthe business, program or enterprise of the entity from which action is\nrequested.\n 21-f. The term "pregnancy-related condition" means a medical condition\nrelated to pregnancy or childbirth that inhibits the exercise of a\nnormal bodily function or is demonstrable by medically accepted clinical\nor laboratory diagnostic techniques, including but not limited to\nlactation; provided, however, that in all provisions of this article\ndealing with employment, the term shall be limited to conditions which,\nupon the provision of reasonable accommodations, do not prevent the\ncomplainant from performing in a reasonable manner the activities\ninvolved in the job or occupation sought or held; and provided further,\nhowever, that pregnancy-related conditions shall be treated as temporary\ndisabilities for the purposes of this article.\n 22. The term "creditor", when used in this article, means any person\nor financial institution which does business in this state and which\nextends credit or arranges for the extension of credit by others. The\nterm creditor includes, but is not limited to, banks and trust\ncompanies, private bankers, foreign banking corporations and national\nbanks, savings banks, licensed lenders, savings and loan associations,\ncredit unions, sales finance companies, insurance premium finance\nagencies, insurers, credit card issuers, mortgage brokers, mortgage\ncompanies, mortgage insurance corporations, wholesale and retail\nmerchants and factors.\n 23. The term "credit reporting bureau", when used in this article,\nmeans any person doing business in this state who regularly makes credit\nreports, as such term is defined by subdivision e of section three\nhundred seventy-one of the general business law.\n 24. The term "regulated creditor", when used in this article, means\nany creditor, as herein defined, which has received its charter,\nlicense, or organization certificate, as the case may be, from the\ndepartment of financial services or which is otherwise subject to the\nsupervision of the department of financial services.\n 25. The term "superintendent", when used in this article, means the\nhead of the department of financial services appointed pursuant to\nsection two hundred two of the financial services law.\n 26. The term "familial status", when used in this article, means:\n (a) any person who is pregnant or has a child or is in the process of\nsecuring legal custody of any individual who has not attained the age of\neighteen years, or\n (b) one or more individuals (who have not attained the age of eighteen\nyears) being domiciled with:\n (1) a parent or another person having legal custody of such individual\nor individuals, or\n (2) the designee of such parent.\n 27. The term "sexual orientation" means heterosexuality,\nhomosexuality, bisexuality or asexuality, whether actual or perceived.\n 28. The term "military status" when used in this article means a\nperson's participation in the military service of the United States or\nthe military service of the state, including but not limited to, the\narmed forces of the United States, the army national guard, the air\nnational guard, the New York naval militia, the New York guard, and such\nadditional forces as may be created by the federal or state government\nas authorized by law.\n 29. The term "reserve armed forces", when used in this article, means\nservice other than permanent, full-time service in the military forces\nof the United States including but not limited to service in the United\nStates Army Reserve, the United States Naval Reserve, the United States\nMarine Corps Reserve, the United States Air Force Reserve, or the United\nStates Coast Guard Reserve.\n 30. The term "organized militia of the state", when used in this\narticle, means service other than permanent, full-time service in the\nmilitary forces of the state of New York including but not limited to\nthe New York army national guard, the New York air national guard, the\nNew York naval militia and the New York guard.\n 34. The term "victim of domestic violence" shall have the same meaning\nas is ascribed to such term by section four hundred fifty-nine-a of the\nsocial services law.\n 35. The term "gender identity or expression" means a person's actual\nor perceived gender-related identity, appearance, behavior, expression,\nor other gender-related characteristic regardless of the sex assigned to\nthat person at birth, including, but not limited to, the status of being\ntransgender.\n 36. The term "lawful source of income" shall include, but not be\nlimited to, child support, alimony, foster care subsidies, income\nderived from social security, or any form of federal, state, or local\npublic assistance or housing assistance including, but not limited to,\nsection 8 vouchers, or any other form of housing assistance payment or\ncredit whether or not such income or credit is paid or attributed\ndirectly to a landlord, and any other forms of lawful income. The\nprovisions of this subdivision shall not be construed to prohibit the\nuse of criteria or qualifications of eligibility for the sale, rental,\nleasing or occupancy of publicly-assisted housing accommodations where\nsuch criteria or qualifications are required to comply with federal or\nstate law, or are necessary to obtain the benefits of a federal or state\nprogram. A publicly assisted housing accommodation may include\neligibility criteria in statements, advertisements, publications or\napplications, and may make inquiry or request information to the extent\nnecessary to determine eligibility.\n 37. The term "race" shall, for the purposes of this article include\ntraits historically associated with race, including but not limited to,\nhair texture and protective hairstyles.\n 38. The term "private employer" as used in section two hundred\nninety-seven of this article shall include any person, company,\ncorporation, labor organization or association. It shall not include the\nstate or any local subdivision thereof, or any state or local\ndepartment, agency, board or commission.\n 39. The term "protective hairstyles" shall include, but not be limited\nto, such hairstyles as braids, locks, and twists.\n 40. The term "educational institution" shall mean:\n (a) any education corporation or association which holds itself out to\nthe public to be non-sectarian and exempt from taxation pursuant to the\nprovisions of article four of the real property tax law; or\n (b) any for-profit entity that operates a college, university,\nlicensed private career school or certified English as a second language\nschool which holds itself out to the public to be non-sectarian and\nwhich is not exempt from taxation pursuant to the provisions of article\nfour of the real property tax law; or\n (c) any public school, including any school district, board of\ncooperative educational services, public college or public university.\n 41. The term "citizenship or immigration status" means the citizenship\nof any person or the immigration status of any person who is not a\ncitizen of the United States. Nothing in this article shall preclude\nverification of citizenship or immigration status where required by law,\nnor shall an adverse action based on verification of citizenship or\nimmigration status be prohibited where such adverse action is required\nby law.\n 42. The term "real estate appraisal" shall have the same meaning as in\nsubdivision two of section one hundred sixty-a of this chapter.\nProvided, however, that (a) real estate appraisals subject to this\narticle include those performed by any person or entity whose business\nholds itself out as engaging in residential real estate appraisals,\nregardless of whether or not such person or entity is certified or\nlicensed to provide real estate appraisals pursuant to the provisions of\narticle six-E of this chapter, and (b) for the purposes of this article,\nthe real estate appraisal includes all oral communications and all\nwritten comments and other documents submitted as support for the\nestimate, opinion of value, or analysis.\n