§ 700.02. Definitions.

1.

Alienage or citizenship status shall mean (1) the citizenship of any person; or (2) the immigration status of any person who is not a citizen or national of the United States.

2.

Commercial property means any property 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 property 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.

3.

Creditor, when used in this chapter, 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, finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors, whatever the form of their organization.

4.

Disability means (1) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of an unimpaired bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or (2) a record of such an impairment; or (3) a condition regarded by others as such an impairment, provided, however, that in all provisions of this chapter 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.

5.

Discrimination shall include, but shall not be limited to, segregation, separation, harassment, physical intimidation and acts of hate and physical violence.

6.

Employee in this chapter does not include any individual employed by his or her parents, spouse or child nor does the term "employee" include any individual in the domestic service of any person nor does the term "employee" include any person employed, hired or engaged as an independent contractor or to conduct or supply any personal services included but not limited to tutoring, mentoring, private or personal instruction, personal training, home or child care services.

7.

Employer in this chapter means any person(s) with at least four persons in their employ, provided, however, such term shall not include an employer where at least two-thirds of the employees are the children, parents, spouse or relatives within the third degree of consanguinity, or the spouses thereof, of such employer.

8.

Employment agency includes any person undertaking to procure employees or opportunities to work.

9.

Gender means:

a.

The physiological and psychological characteristics of being a male or female; and

b.

gender identity, self-image, appearance, behavior, or expression, whether or not such gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

10.

Group identity shall mean race, color, religion, age, national origin, alienage or citizenship status, ethnicity, familial status, creed, gender, sexual orientation, marital status, or disability.

11.

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.

12.

National origin shall include ancestry.

13.

Necessary party means any person who has such an interest in the subject matter of a proceeding under this chapter, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.

14.

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 chapter.

15.

Person includes one or more natural persons, proprietorships, partnerships (including limited liability partnerships, and limited partnerships), associations, group associations, corporations (including limited liability corporations), legal representatives, trustees, trustees in bankruptcy, or receivers.

16.

Place of public accommodation, resort or amusement shall include 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 or otherwise made available to the public. Such term shall not include 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: (i) it has more than 100 members; and (ii) provides meal service in the regular course of its business; and (iii) in the regular course of its business, persistently 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 the nonmembers' trade or business. Notwithstanding the foregoing, for the purposes of this chapter, 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 chapter.

17.

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 encumbrance upon or transfer of real estate. In connection with 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.

18.

Real estate sales person 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 on behalf of such real estate broker.

19.

Reasonable accommodation means actions taken which permit an employee, prospective employee or member (1) with a disability, or (2) who is a victim of domestic violence, sexual abuse or stalking, 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, or some form of protection or security measure; 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,

20.

Sexual orientation means heterosexuality, homosexuality or bisexuality.

21.

Unlawful discriminatory practice includes only those practices specified in section 700.03 through section 700.07 of this Chapter which occurred in Westchester County.

22.

Victim of domestic violence, sexual abuse or stalking.

1.

A victim of domestic violence shall mean:

(a)

Any person who has been subjected to an act or series of acts that:

(1)

Would constitute a misdemeanor, felony or other violation of law against the person as defined in state or federal law; or

(2)

Would constitute a misdemeanor, felony or other violation of law against property as defined in state or federal law.

(b)

Such act or series of acts as defined in subdivision (a) must have been committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.

(c)

Such act or series of acts as defined in subdivisions (a) and (b) must also:

(1)

Result in the actual physical or emotional injury of the person whether or not such conduct has actually resulted in criminal charges, prosecution or conviction; or

(2)

Create a substantial risk of physical or emotional harm to such person whether or not such conduct has actually resulted in criminal charges, prosecution or conviction.

2.

A victim of sexual abuse or stalking shall mean any person who has been:

(a)

A victim of an act or series of acts which would constitute a violation of article 130 of the penal law; or

(b)

A victim of an act of series of acts which would constitution a violation of section 120.45, 120.50, 120.55, or 120.60 of the penal law.

3.

A victim of domestic violence, sexual abuse or stalking shall also include any individual that is perceived to be a person who has been, or is currently being, subjected to acts or series of acts as set forth in subdivisions 1 and 2 above.

(Added by L.L. No. 17-1999; amended by L.L. No. 7-2001; L.L. No. 14-2005; L.L. No. 4-2008, § 2; L.L. No. 4-2009, § 1)