2006 New York Code - Definitions.



 
    § 8-102 Definitions. When used in this chapter:
    1.   The   term   "person"  includes  one  or  more  natural  persons,
  proprietorships,   partnerships,   associations,   group   associations,
  organizations,  governmental  bodies  or  agencies,  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 and 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 8-107 and 8-107.1 of this chapter.
    5. For purposes of subdivisions one, two, and three of  section  8-107
  of  this chapter, the term "employer" does not include any employer with
  fewer than four persons in his or  her  employ.  For  purposes  of  this
  subdivision,  natural  persons  employed  as  independent contractors to
  carry out work in furtherance of an employer's business  enterprise  who
  are  not  themselves employers shall be counted as persons in the employ
  of such employer.
    6. The term "commission" unless a different  meaning  clearly  appears
  from the text, means the city commission on human rights created by this
  chapter.
    7. The term "national origin" shall, for the purposes of this chapter,
  include "ancestry."
    8.  The term "educational institution" includes kindergartens, primary
  and secondary schools, academies, colleges,  universities,  professional
  schools, extension courses, and all other educational facilities.
    9.  The term "place or provider of public accommodation" shall include
  providers,  whether  licensed  or  unlicensed,   of   goods,   services,
  facilities,  accommodations,  advantages  or privileges of any kind, and
  places,  whether  licensed  or  unlicensed,   where   goods,   services,
  facilities,  accommodations,  advantages  or  privileges of any kind are
  extended, offered, sold, or otherwise made available.  Such  term  shall
  not  include  any  club which proves that it is in its nature distinctly
  private. A club shall not be considered in its nature distinctly private
  if it has more than four 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
  non-members  for  the furtherance of trade or business. 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 corporation law shall be deemed to be  in
  its nature distinctly private.
    No  club  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.  Except  as  otherwise  specifically
  provided,   such   term   shall   include  a  publicly-assisted  housing
  accommodation.
    11. The term "publicly-assisted housing accommodations" shall include:

(a) Publicly-owned or operated housing accommodations. (b) Housing accommodations operated by housing companies under the supervision of the state commissioner of housing and community renewal, or the department of housing preservation and development. (c) Housing accommodations constructed after July first, nineteen hundred fifty, and housing accommodations sold after July first, nineteen hundred ninety-one: (1) which are exempt in whole or in part from taxes levied by the state or any of its political subdivisions, (2) which are 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 are 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 for which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance. (d) Housing accommodations, 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. 12. The term "family," as used in subparagraph four of paragraph a of subdivision five of section 8-107 of this chapter, 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. 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 business or professional unit or office in any building, structure or portion thereof. 14. The term "real estate broker" means any person 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 employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon 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 or authorized 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 rents for the use of real estate for or on behalf of such real estate broker. 16. (a) The term "disability" means any physical, medical, mental or psychological impairment, or a history or record of such impairment. (b) The term "physical, medical, mental, or psychological impairment" means: (1) an impairment of any system of the body; including, but not limited to: the neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardivascular system; the reproductive system; the digestive and genito-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or (2) a mental or psychological impairment. (c) In the case of alcoholism, drug addiction or other substance abuse, the term "disability" shall only apply to a person who (1) is recovering or has recovered and (2) currently is free of such abuse, and shall not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. 17. The term "covered entity" means a person required to comply with any provision of section 8-107 of this chapter. 18. The term "reasonable accommodation" means such accommodation that can be made that shall not cause undue hardship in the conduct of the covered entity's business. The covered entity shall have the burden of proving undue hardship. In making a determination of undue hardship with respect to claims filed under subdivisions one or two of section 8-107 or section 8-107.1 of this chapter, the factors which may be considered include but shall not be limited to: (a) the nature and cost of the accommodation; (b) the overall financial resources of the facility or the facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (c) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities; and (d) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. 19. The term "occupation" means any lawful vocation, trade, profession or field of specialization. 20. The term "sexual orientation" means heterosexuality, homosexuality, or bisexuality. 21. The term "alienage or citizenship status" means: (a) the citizenship of any person, or (b) the immigration status of any person who is not a citizen or national of the United States.
22. The term "hate crime" means a crime that manifests evidence of prejudice based on race, religion, ethnicity, disability, sexual orientation, national origin, age, gender, or alienage or citizenship status. 23. The term "gender" shall include actual or perceived sex and shall also include a person's gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth. 24. The term "partnership status" means the status of being in a domestic partnership, as defined by § 3-240(a) of the administrative code of the city of New York.

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