N.Y. Real Property Law § 237-a: Discrimination against children in dwelling houses and manufactured home parks

§ 237-a. Discrimination against children in dwelling houses and

manufactured home parks. a. Any person, firm or corporation owning or

having in charge any apartment house, tenement house or other building

or manufactured home park used for dwelling purposes who shall refuse to

rent any or part of any such building or manufactured home park to any

person or family, or who discriminates in the terms, conditions, or

privileges of any such rental, solely on the ground that such person or

family has or have a child or children shall be guilty of a misdemeanor

and on conviction thereof shall be punished by a fine of not less than

fifty nor more than one hundred dollars for each offense; provided,

however, the prohibition against discrimination against children in

dwelling houses and manufactured home parks contained in this section

shall not apply to:

(1) housing units for senior citizens subsidized, insured, or

guaranteed by the federal government; or

(2) one or two family owner occupied dwelling houses or manufactured

homes; or

(3) manufactured home parks intended and operated for occupancy by

persons fifty-five years of age or older. In determining whether housing

is intended and operated for occupancy by persons fifty-five years of

age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the federal

Fair Housing Act of 1988, as amended, shall apply.

b. Civil liability:

(1) where discriminatory conduct prohibited by this section has

occurred, an aggrieved individual shall have a cause of action in any

court of appropriate jurisdiction for damages, declaratory and

injunctive relief;

(2) in all actions brought under this section, reasonable attorney's

fees as determined by the court may be awarded to a prevailing

plaintiff.