N.Y. Real Property Law § 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.