2006 New York Code - Civil Penalties Imposed By Commission For Unlawful Discriminatory Practices Or Acts Of Discriminatory Harassment Or Violence.



 
    §   8-126   Civil   penalties   imposed  by  commission  for  unlawful
  discriminatory  practices  or  acts  of  discriminatory  harassment   or
  violence.  a.  Except  as  otherwise provided in subdivision thirteen of
  section 8-107 of this chapter, in addition to any of  the  remedies  and
  penalties  set  forth in subdivision a of section 8-120 of this chapter,
  where the commission finds that a person  has  engaged  in  an  unlawful
  discriminatory  practice,  the  commission  may, to vindicate the public
  interest, impose a civil penalty  of  not  more  than  one  hundred  and
  twenty-five  thousand  dollars.  Where  the  commission  finds  that  an
  unlawful discriminatory practice was  the  result  of  the  respondent's
  willful,  wanton  or malicious act or where the commission finds that an
  act of discriminatory harassment or violence as set forth in chapter six
  of this title has occurred, the commission may, to vindicate the  public
  interest,  impose a civil penalty of not more than two hundred and fifty
  thousand dollars.
    b. A respondent that is found liable for  an  unlawful  discriminatory
  practice  or  an  act  of  discriminatory harassment or violence, as set
  forth  in  chapter  six  of  this  title,  may,  in  relation   to   the
  determination of the appropriate amount of civil penalties to be imposed
  pursuant  to subdivision a of this section, plead and prove any relevant
  mitigating factor.
    c. In addition to any  other  penalties  or  sanctions  which  may  be
  imposed  pursuant  to  any  other  law, any person who knowingly makes a
  material false statement in any proceeding  conducted,  or  document  or
  record  filed with the commission, or record required to be preserved or
  made and kept and subject to inspection by the  commission  pursuant  to
  this  chapter  shall  be liable for a civil penalty of not more than ten
  thousand dollars.
    d. An action or proceeding may be commenced in any court of  competent
  jurisdiction  on  behalf of the commission for the recovery of the civil
  penalties provided for in this section.

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