Intro. Res. No. 1508-2001 Laid on the Table 6/5/2001

Introduced by Presiding Officer at the request of the County Executive and Legislators Postal, Cooper

RESOLUTION NO. 802 - 2001, ADOPTING LOCAL LAW NO. 14 - 2001, A LOCAL LAW TO STRENGTHEN AND IMPLEMENT APPLICATION OF COUNTY HUMAN RIGHTS LAW TO PUBLIC ACCOMMODATIONS, EMPLOYMENT AND HOUSING

WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on June 5, 2001, a proposed local law entitled, " A LOCAL LAW TO STRENGTHEN AND IMPLEMENT APPLICATION OF COUNTY HUMAN RIGHTS LAW TO PUBLIC ACCOMMODATIONS, EMPLOYMENT AND HOUSING " and said local law in final form is the same as when presented and introduced; now, therefore, be it

RESOLVED, that said local law be enacted in form as follows:

LOCAL LAW NO. 14 - 2001, SUFFOLK COUNTY, NEW YORK

A LOCAL LAW TO STRENGTHEN AND IMPLEMENT APPLICATION OF COUNTY HUMAN RIGHTS LAW TO PUBLIC ACCOMMODATIONS, EMPLOYMENT AND HOUSING

BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:

Section 1. Legislative Intent.

This Legislature hereby finds and determines that prejudice, intolerance, bigotry and discrimination threaten the rights of the inhabitants of Suffolk County, endanger the institutions of freedom, and threaten the peace, order, health, safety, and general welfare of the County of Suffolk.

This Legislature further finds and determines that local enforcement of discriminatory practices through the adoption of an amendment to the County Human Rights Law will greatly promote the protection of the public welfare, health and peace of the people of this County.

Therefore, the purpose of this law is to exercise the County’s police power for the protection of the public welfare, health and peace of the people of this County to ensure that prejudice, intolerance, bigotry and discrimination will not threaten the rights of its inhabitants in securing public accommodations, employment, or housing.

Section 2. Definitions.

The following terms shall have the following meanings:

A.) The term “alienage or citizenship” status shall mean:

1.) the citizenship of any person; or

2.) the immigration status of any person legally eligible to be employed within the United States and who is not a citizen or national thereof.

B. The term “commercial space” shall mean 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.

C.) The term “disability” shall mean: a physical, mental, or medical impairment resulting from an anatomical, physiological, genetic or neurological condition which prevents the exercise of a normal bodily function and is demonstrable by medically accepted clinical or laboratory diagnostic techniques.

D.) The term “employment agency” includes any person undertaking to procure employees or opportunities to work.

E.) The term “employee” as used in this Chapter shall not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person.

F.) The term “employer” shall be as defined in Section 292 of the NEW YORK EXECUTIVE LAW as same may be amended from time to time.

G.) The term “gender” shall mean both the biological and social characteristics of being female or male.

H.) The term “group identity” shall mean race, color, religion, age, national origin, alienage or citizenship status, gender, sexual orientation, marital status, or disability.

I.) 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 (1) or more human beings.

J.) 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 mutual aid or protection in connection with employment.

K.) The term “multiple dwelling” as herein used, shall mean a dwelling which is occupied primarily for permanent residence purposes and which is either rented, leased, let or hired out, to be occupied as the residence or home of three (3) 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 (1) janitor’s apartment and not more than one (1) penthouse occupied by not more than two (2) families. The term “family” as used herein, means either a person occupying a dwelling and maintaining a household, with not more than four (4) boarders, roomers or lodgers, or two (2) or more persons occupying a dwelling, living together and maintaining a household, with not more than four (4) boarders, roomers or lodgers, or two (2) or more persons occupying a dwelling, living together and maintaining a common household, with not more than four (4) 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.

L.) The term “national origin” shall include ancestry.

M.) The term “person” includes one (1) or more natural persons, proprietorships, partnerships, associations, group associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

N.) The term “place of public accommodation, resort or amusement” shall include, except as hereinafter specified, providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages and privileges of any kind, and places, whether licensed or unlicensed, where goods, services, facilities, accommodations, advantages and privileges of any kind are extended, offered, sold, consumed or otherwise made available to the public. 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 educational facility supported in whole or in part by public funds or contributions solicited from the general public; any club or organization which by its nature is distinctly private, but no such club or organization shall be considered by its nature distinctly private if:

1.) it has more than one hundred (100) members;

2.) provides regular meal service; and

3.) regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business. For the purposes of this Chapter, a corporation incorporated under the NEW YORK BENEVOLENT ORDERS LAW or described in the NEW YORK BENEVOLENT ORDERS LAW, but formed under any other law of this state, or a religious corporation incorporated under the NEW YORK EDUCATION LAW or the NEW YORK 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 contest or exhibition within the meaning of this chapter.

O.) The term “publicly-assisted housing accommodations” shall include all housing accommodations within Suffolk County in:

1.) publicly owned or operated housing accommodations;

2.) housing operated by housing companies under the supervision of the State Commissioner of Housing;

3.) housing constructed after July first, nineteen hundred fifty, (July 1, 1950), within Suffolk County and which is either:

a.) exempt in whole or in part from taxes levied by the State or any of its political subdivisions;

b.) 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 (1949);

c.) 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

d.) acquired, constructed, repaired or maintained with funds or financial assistance furnished or contributed by the State, any political subdivision of the State, or any agency or authority of the State;

4.) 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 (July 1, 1955), 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 guarantee or insurance; and

5.) housing which is offered for sale by a person who owns or otherwise controls the sale of ten (10) or more housing accommodations located on land that is contiguous (exclusive of public streets), if:

a.) the acquisition, construction, rehabilitation, repair, or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five (July 1, 1955), 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

b.) a commitment, issued by a government agency after July first, nineteen hundred fifty-five (July 1, 1955), 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.

P.) The term “real estate broker” shall mean 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 to attempt 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 encumbrance upon or transfer of real estate. In connection with the sale of lots pursuant to the provisions of Article Nine-A of the NEW YORK 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.

Q. The term “real estate sales person” shall mean 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 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 on such real estate broker.

R. The term “sexual orientation” shall mean heterosexuality, homosexuality or bisexuality.

Section 3. Amendment.

Chapter 89 of the SUFFOLK COUNTY CODE is hereby amended by the addition of a new Article IV to read as follows:

Article IV. Discriminatory Acts.

Section 89-11. Unlawful Discriminatory Practices in Places of Public Accommodation, Resort or Amusement.

A.) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the actual or perceived group identity of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, or directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of actual or perceived group identity, or that the patronage or custom thereat of any person of or purporting to be of any particular group identity is unwelcome, objectionable, or not acceptable, desired or solicited.

B.) Nothing in this Section shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodations, resort or amusement, based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one (1) sex.

Section 89-12. Unlawful Discriminatory Practices in the Sale, Lease, or Rental of Real Property

A.) It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent or other person having the right to sell, rent or lease any housing accommodation, including publicly assisted housing accommodations, constructed or to be constructed, land, or commercial space, or any agent or employee thereof:

1.) to refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations, land or commercial space because of a person’s actual or perceived group identity or to represent that any such housing accommodations, land or commercial space is not available for inspection, sale rental or lease when in fact it is so available;

2.) to discriminate against any person because an actual or perceived group identity in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodations, land or commercial space or in the furnishing of facilities or services in connection therewith;

3.) to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such housing accommodations, land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to group identity, or any intent to make any such limitation, specification or discrimination; or

4.) to use any form or application for financial assistance for the purchase or rental of a housing accommodation or make any record or inquiry in connection with an application for such financial assistance which expresses, directly or indirectly, a limitation, specification, preference, or discrimination based on the applicant’s actual or perceived group identity.

B.) The provisions of Paragraph (A) of this Section shall not apply:

1.) to the rental of a housing accommodation, other than a publicly assisted housing accommodation, in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of the owner’s family reside in one (1) of such housing accommodations

2.) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex;

3.) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner’s family reside in such housing accommodation; or

4.) solely with respect to age, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons fifty-five (55) years of age or older and the spouse of any such person.

C.) It shall be an unlawful discriminatory practice for a real estate salesman or an employee or agent thereof:

1.) to refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the actual or perceived group identity of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the actual or perceived group identity of such person or persons; or

2.) to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to group identity; or any intent to make any such limitation, specification or discrimination.

3.) The provisions of subdivisions (1) and (2) of Paragraph (C) of this Section, solely with respect to age, shall not apply to the restriction of the sale, rental, or lease of land or commercial space exclusively to persons fifty-five (55) years of age or older and the spouse of any such person.

D.) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman, or employee or agent thereof, or any other individual, corporation, partnership or organization, for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition, with respect to race, creed, color, national origin, or marital status, of the owners or occupants in the block, of a neighborhood or area in which the real property is located within the County of Suffolk, and to represent directly or indirectly that this change will or may result in undesirable consequences in the block, neighborhood, or area in which the real property is located in Suffolk County, including, but not limited to the lowering of such property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.

E. It shall be an unlawful discriminatory practice:

1.) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

2. For the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, convalescent home, or home for adults, or an intermediate care facility, as defined in section two of the NEW YORK SOCIAL SERVICES LAW, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is a blind person. For purposes of this paragraph, a “blind person” shall mean a person who is registered as a blind person with the commission for the visually handicapped and who meets the definition of a “blind person” pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled “An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor”.

F.) Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five (65) years of age or older for housing accommodations.

G.) Nothing in this Section shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same sex.

H.) The provisions of this Section, as they relate to age, shall not apply to persons under the age of eighteen (18) years.

Section 89-13. Unlawful discriminatory practices in employment.

A.) It shall be an unlawful discriminatory practice:

1.) For an employer to refuse to hire or employ or to bar or to discharge from employment or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment, because of the group identity of any such individual.

2.) For an employment agency to discriminate against any individual in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers because of group identity.

3.) For a labor organization to exclude or to expel from its membership or to discriminate in any way against any of its members or against any employer or any individual employee by an employer because of the group identity of any individual.

4.) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitation, specification or discrimination as to group identity, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.

5.) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this Chapter or because he had filed a complaint, testified, or assisted in any proceeding under this Chapter.

6.) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. The provisions of this subdivision shall not be construed to reduce, enlarge or otherwise modify the prohibitions contained in same or similar provisions of State of Federal Law.

7.) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen (18).

B.) It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs:

1.) To refuse to select any person or persons for an apprentice training program registered with the State of New York because of group identity and on any basis other than their lack of qualification, as determined by objective criteria which permit review.

2.) To deny to or withhold from any person or persons because of his or her group identity, the right to be admitted to or participate in a guidance program, an apprenticeship, training program, on-the-job training program, or other occupational training or retraining program.

3.) To discriminate against any person in his or her pursuit to such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of group identity.

4.) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination based on an applicant’s group identity, or any intent to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.

Section 4. Penalties.

A.) Any person, firm, partnership, association, or corporation convicted of willfully violating Section 89-11, 89-12, or 89-13 of the SUFFOLK COUNTY CODE shall be guilty of an unclassified misdemeanor punishable by a fine up to of Five Thousand Dollars ($5,000.00) and/or six (6) months imprisonment for each separate violation.

B.) Any violation of Section 89-11, 89-12, or 89-13 of the SUFFOLK COUNTY CODE shall be subject to a civil fine of up to $500.00 per violation. Each and every day of such violation shall be deemed a separate offense. These civil fines shall be enforced by the Suffolk County Human Rights Commission, with the assistance of the Suffolk County Department of Law.

C.) If, upon all the evidence at a hearing, and upon the findings of fact, conclusions of law, and relief recommended by the pertinent hearing officer, the Suffolk County Human Rights Commission finds that a respondent has engaged in any unlawful discriminatory practice as set forth in Section 89-11, 89-12, or 89-13 of this law, the Commission shall state its findings of fact and conclusions of law and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice or act. Such order shall require the respondent to take such affirmative action as, in the judgment of the Commission, will effectuate the purpose of this law including, but not limited to:

1.) hiring, reinstatement or upgrading of employees;

2.) the award of back pay and front pay;

3.) admission to membership in any respondent labor organization;

4.) admission to or participation in a program, apprentice training program, on-the-job training program or other occupational training or retraining program;

5.) the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges;

6.) request injunctive relief from a Court of Competent Jurisdiction;

7.) selling, renting or leasing, or approving the sale, rental or lease of housing accommodations, land or commercial space or an interest therein, without unlawful discrimination;

8.) payment of a fine;

9.) payment of compensatory damages to the person aggrieved by such practice or act; and/or

10.) submission of reports with respect to the manner of compliance.

Section 5. Rules and Regulations.

The Suffolk County Human Rights Commission is hereby authorized and empowered to issue and promulgate such rules and regulations as it shall deem necessary and appropriate for the purpose of establishing procedures for the enforcement of this law, including the administrative hearing process for the imposition of the civil fines and civil remedies set forth in Sections 4(B) and 4(C) of this law.

Section 6. Applicability.

This law shall apply to all actions occurring on or after January 1, 2002.

Section 7. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 8. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.

Section 9. Effective Date.

This law shall take effect immediately upon filing in the office of the Secretary of State.

DATED: August 28, 2001

  APPROVED BY:

  /s/ Robert J. Gaffney

  County Executive of Suffolk County

after a public hearing duly held on September 10, 2001

Date of Approval: September 20, 2001

Filed with the Secretary of State on October 5, 2001