2012 New York Consolidated Laws
EXC - Executive
Article 15 - (290 - 301) HUMAN RIGHTS LAW
292 - Definitions.

 
    § 292. Definitions. When used in this article:
    1.  The  term "person" includes one or more individuals, partnerships,
  associations, 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 or 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 two hundred ninety-six and two hundred
  ninety-six-a of this article.
    5. The term "employer" does not include any employer with  fewer  than
  four  persons  in  his  or her employ except as set forth in section two
  hundred ninety-six-b of this title.
    6. The term "employee" in this article does not include any individual
  employed by his or her parents, spouse or  child,  or  in  the  domestic
  service  of  any  person  except  as  set  forth  in section two hundred
  ninety-six-b of this title.
    7. The term "commissioner", unless a different meaning clearly appears
  from the context, means the state commissioner of human rights; and  the
  term "division" means the state division of human rights created by this
  article.
    8. The term "national origin" shall, for the purposes of this article,
  include "ancestry."
    9. The term "place of public accommodation, resort or amusement" shall
  include,  except  as  hereinafter  specified, all places included in the
  meaning of such terms as: inns, taverns, road  houses,  hotels,  motels,
  whether  conducted  for the entertainment of transient guests or for the
  accommodation  of  those  seeking  health,  recreation   or   rest,   or
  restaurants,  or  eating  houses,  or  any  place where food is sold for
  consumption on the premises; buffets, saloons, barrooms, or  any  store,
  park  or  enclosure where spirituous or malt liquors are sold; ice cream
  parlors, confectionaries, soda  fountains,  and  all  stores  where  ice
  cream,  ice  and  fruit  preparations  or  their  derivatives,  or where
  beverages of any kind are retailed  for  consumption  on  the  premises;
  wholesale  and  retail  stores  and establishments dealing with goods or
  services of any kind,  dispensaries,  clinics,  hospitals,  bath-houses,
  swimming  pools, laundries and all other cleaning establishments, barber
  shops, beauty parlors, theatres, motion picture houses, airdromes,  roof
  gardens,  music  halls,  race  courses,  skating  rinks,  amusement  and
  recreation parks, trailer camps, resort camps,  fairs,  bowling  alleys,
  golf courses, gymnasiums, shooting galleries, billiard and pool parlors;
  garages, all public conveyances operated on land or water or in the air,
  as  well  as the stations and terminals thereof; travel or tour advisory
  services, agencies or bureaus; public  halls  and  public  elevators  of
  buildings  and  structures  occupied  by  two or more tenants, or by the
  owner and one or more  tenants.  Such  term  shall  not  include  public
  libraries,  kindergartens,  primary and secondary schools, high schools,
  academies,  colleges  and  universities,  extension  courses,  and   all
  educational  institutions  under  the  supervision of the regents of the
  state of New York; any such public library,  kindergarten,  primary  and
  secondary  school,  academy,  college,  university, professional school,
  extension course or other education facility, supported in whole  or  in
  part  by  public  funds  or  by contributions solicited from the general
  public; or any institution, club or place of accommodation which  proves

  that  it  is  in  its  nature  distinctly  private. In no event shall an
  institution, club or place of accommodation be considered in its  nature
  distinctly  private  if  it  has more than one 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 a nonmember for the furtherance of trade
  or  business.  An  institution, club, or place of accommodation which is
  not  deemed  distinctly  private  pursuant  to  this   subdivision   may
  nevertheless  apply  such selective criteria as it chooses in the use of
  its facilities, in evaluating  applicants  for  membership  and  in  the
  conduct  of  its  activities,  so long as such selective criteria do not
  constitute discriminatory practices under  this  article  or  any  other
  provision  of  law.  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  corporations  law  shall  be  deemed  to  be  in  its  nature
  distinctly private.
    No institution, club, organization or  place  of  accommodation  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.
    11. The term "publicly-assisted housing accommodations" shall  include
  all housing accommodations within the state of New York in
    (a) public housing,
    (b) housing operated by housing companies under the supervision of the
  commissioner of housing,
    (c)  housing  constructed  after  July  first, nineteen hundred fifty,
  within the state of New York
    (1) which is exempt in whole or in part from taxes levied by the state
  or any of its political subdivisions,
    (2) which is 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 is 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 of which
  the state or any of its political subdivisions  or  any  agency  thereof
  supplies funds or other financial assistance,
    (d)  housing which is located in a multiple dwelling, 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,
  provided  that  such  a  housing  accommodation  shall  be  deemed to be
  publicly assisted only during the life of such loan and such guaranty or
  insurance; and
    (e) housing which is  offered  for  sale  by  a  person  who  owns  or
  otherwise  controls  the  sale  of  ten  or  more housing accommodations

  located on land that is contiguous (exclusive of public streets), if (1)
  the acquisition, construction, rehabilitation, repair or maintenance  of
  such  housing  accommodations  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, provided that  such  a
  housing  accommodation  shall  be  deemed  to  be publicly assisted only
  during the life of such  loan  and  guaranty  or  insurance,  or  (2)  a
  commitment,  issued  by  a  government agency after July first, nineteen
  hundred fifty-five, is outstanding  that  acquisition  of  such  housing
  accommodations may be 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 "multiple dwelling", as herein  used,  means  a  dwelling
  which is occupied, as a rule, for permanent residence purposes and which
  is  either sold, rented, leased, let or hired out, to be occupied as the
  residence or home of three or more families living independently of each
  other. A "multiple dwelling" shall not be deemed to include a  hospital,
  convent,  monastery,  asylum  or  public  institution,  or  a  fireproof
  building used wholly for commercial purposes except for  not  more  than
  one  janitor's apartment and not more than one penthouse occupied by not
  more than two families. The term "family," as used herein, 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.  Within  the  context  of  this definition, the terms "multiple
  dwelling" and "multi-family dwelling" are interchangeable.
    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 separate business or professional unit or  office  in  any
  building, structure or portion thereof.
    14.   The  term  "real  estate  broker"  means  any  person,  firm  or
  corporation 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,
  partnership, association or corporation employed by or on behalf of  the
  owner  or  owners  of  lots or other parcels of real estate, at a stated
  salary, or upon a 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 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
  rent for the use of real estate for or in behalf  of  such  real  estate
  broker.
    16.  The  term  "necessary  party"  means  any  person who has such an
  interest in the subject matter of a proceeding under  this  article,  or
  whose rights are so involved, that no complete and effective disposition
  can be made without his or her participation in the proceeding.
    17.  The  term  "parties  to  the  proceeding"  means the complainant,
  respondent, necessary parties and  persons  permitted  to  intervene  as
  parties  in  a  proceeding  with respect to a complaint filed under this
  article.
    18. The term "hearing examiner" means an employee of the division  who
  shall  be  assigned for stated periods to no other work than the conduct
  of hearings under this article;
    19.  The  term  "discrimination"   shall   include   segregation   and
  separation.
    20.  The  term  "credit",  when  used  in this article means the right
  conferred upon a person by a  creditor  to  incur  debt  and  defer  its
  payment,  whether  or not any interest or finance charge is made for the
  exercise of this right.
    21. The term "disability" means (a)  a  physical,  mental  or  medical
  impairment   resulting   from   anatomical,  physiological,  genetic  or
  neurological conditions which prevents the exercise of a  normal  bodily
  function or is demonstrable by medically accepted clinical or laboratory
  diagnostic  techniques  or  (b)  a record of such an impairment or (c) a
  condition regarded by others as such an impairment,  provided,  however,
  that in all provisions of this article dealing with employment, the term
  shall be limited to disabilities which, upon the provision of reasonable
  accommodations,  do  not  prevent  the  complainant from performing in a
  reasonable manner the activities  involved  in  the  job  or  occupation
  sought or held.
    21-a.  "Predisposing  genetic characteristic" shall mean any inherited
  gene or chromosome, or alteration thereof, and determined by  a  genetic
  test  or  inferred from information derived from an individual or family
  member that is scientifically or medically  believed  to  predispose  an
  individual  or  the  offspring  of  that  individual  to  a  disease  or
  disability,  or  to  be  associated  with  a  statistically  significant
  increased  risk  of  development  of  a  physical  or  mental disease or
  disability.
    21-b. "Genetic test" shall mean a test for determining the presence or
  absence  of  an  inherited  genetic  characteristic  in  an  individual,
  including tests of nucleic acids such as DNA, RNA and mitochondrial DNA,
  chromosomes  or  proteins  in  order  to identify a predisposing genetic
  characteristic.
    21-e. The term "reasonable accommodation" means  actions  taken  which
  permit  an employee, prospective employee or member with a disability to
  perform in a reasonable manner the activities involved  in  the  job  or
  occupation sought or held and include, but are not limited to, provision
  of  an  accessible  worksite,  acquisition or modification of equipment,
  support services for  persons  with  impaired  hearing  or  vision,  job
  restructuring  and modified work schedules; provided, however, that such

  actions do not impose an undue hardship  on  the  business,  program  or
  enterprise of the entity from which action is requested.
    22.  The  term "creditor", when used in this article, means any person
  or financial institution which does business in  this  state  and  which
  extends  credit  or  arranges for the extension of credit by others. The
  term  creditor  includes,  but  is  not  limited  to,  banks  and  trust
  companies,  private  bankers,  foreign banking corporations and national
  banks, savings banks, licensed lenders, savings and  loan  associations,
  credit  unions,  sales  finance  companies,  insurance  premium  finance
  agencies, insurers, credit  card  issuers,  mortgage  brokers,  mortgage
  companies,   mortgage   insurance  corporations,  wholesale  and  retail
  merchants and factors.
    23. The term "credit reporting bureau", when  used  in  this  article,
  means any person doing business in this state who regularly makes credit
  reports,  as  such  term  is  defined  by subdivision e of section three
  hundred seventy-one of the general business law.
    24. The term "regulated creditor", when used in  this  article,  means
  any  creditor,  as  herein  defined,  which  has  received  its charter,
  license, or organization certificate, as  the  case  may  be,  from  the
  department  of  financial  services or which is otherwise subject to the
  supervision of the department of financial services.
    25. The term "superintendent", when used in this  article,  means  the
  head  of  the  department  of  financial  services appointed pursuant to
  section two hundred two of the financial services law.
    26. The term "familial status", when used in this article, means:
    (a) any person who is pregnant or has a child or is in the process  of
  securing legal custody of any individual who has not attained the age of
  eighteen years, or
    (b) one or more individuals (who have not attained the age of eighteen
  years) being domiciled with:
    (1) a parent or another person having legal custody of such individual
  or individuals, or
    (2) the designee of such parent.
    27.    The    term   "sexual   orientation"   means   heterosexuality,
  homosexuality, bisexuality or asexuality, whether actual  or  perceived.
  However,  nothing contained herein shall be construed to protect conduct
  otherwise proscribed by law.
    28. The term "military status" when  used  in  this  article  means  a
  person's  participation  in the military service of the United States or
  the military service of the state, including but  not  limited  to,  the
  armed  forces  of  the  United  States, the army national guard, the air
  national guard, the New York naval militia, the New York guard, and such
  additional forces as may be created by the federal or  state  government
  as authorized by law.
    29.  The term "reserve armed forces", when used in this article, means
  service other than permanent, full-time service in the  military  forces
  of  the United States including but not limited to service in the United
  States Army Reserve, the United States Naval Reserve, the United  States
  Marine Corps Reserve, the United States Air Force Reserve, or the United
  States Coast Guard Reserve.
    30.  The  term  "organized  militia  of  the state", when used in this
  article, means service other than permanent, full-time  service  in  the
  military  forces  of  the state of New York including but not limited to
  the New York army national guard, the New York air national  guard,  the
  New York naval militia and the New York guard.
    31. The term "guide dog" means any dog that is trained to aid a person
  who  is  blind by a recognized guide dog training center or professional
  guide dog trainer, and is actually used for such purpose.

    32. The term "hearing dog" means any dog that  is  trained  to  aid  a
  person  with  a  hearing impairment by a recognized hearing dog training
  center or professional hearing dog trainer, and  is  actually  used  for
  such purpose.
    33.  The  term  "service dog" means any dog that is trained to work or
  perform specific tasks for the benefit of a person with a disability  by
  a  recognized  service  dog  training center or professional service dog
  trainer, and is actually used for such purpose.
    34. The term "domestic violence victim", when used  in  this  article,
  means  an  individual who is a victim of an act which would constitute a
  family offense pursuant to subdivision  one  of  section  eight  hundred
  twelve of the family court act.