§ 700.05. Unlawful discriminatory practices in the sale, lease or rental of land or commercial property.

a.

It shall be an unlawful discriminatory practice for the owner, lessor, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of, or the right to sell, rent or lease, or the right to approve the sale, rental or lease of, land or commercial property or an interest therein:

1.

To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial property because of the actual or perceived group identity of such person or persons or because of such person's status as a victim of domestic violence, sexual abuse or stalking;

2.

To discriminate against any person because of his or her actual or perceived group identity or because of such person's status as a victim of domestic violence, sexual abuse or stalking, in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial property or in the furnishing of facilities or services in connection therewith; or

3.

To declare, print or circulate or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial property or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial property which expresses, directly or indirectly, any limitation, specification or discrimination as to group identity or because of a person's status as a victim of domestic violence, sexual abuse or stalking,; or any intent to make any such limitation, specification or discrimination.

b.

The provisions of paragraph a., solely with respect to age, shall not apply to the restriction of the sale, rental or lease of land or commercial property exclusively to persons 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 salesperson, real estate broker, real estate listing service, or any employee or agent thereof:

1.

To refuse to sell, rent or lease any land or commercial property to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any land or commercial property or any interest therein to any person or group of persons because of the actual or perceived group identity of such person or persons or because of such person's status as a victim of domestic violence, sexual abuse or stalking, or to represent that any land or commercial property or any interest therein is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any land or commercial property or any facilities of any land or commercial property or any interest therein from any person or group of persons because of the actual or perceived group identity of such person or persons or because of such person's status as a victim of domestic violence, sexual abuse or stalking; or

2.

To declare, print or circulate or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any land or commercial property or to make any record or inquiry in connection with the prospective purchase, rental or lease of any land or commercial property which expresses, directly or indirectly, any limitation, specification, or discrimination as to group identity or because of such person's status as a victim of domestic violence, sexual abuse or stalking; or any intent to make any such limitation, specification or discrimination.

d.

The provisions of paragraph c., solely with respect to age, shall not apply to the restriction of the sale, rental or lease of land or commercial property exclusively to persons 55 years of age or older and the spouse of any such person.

e.

It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation (including a limited liability corporation), partnership (including a limited partnership or a limited liability partnership) or any other organization used 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 group identity or a person's status as a victim of domestic violence, sexual abuse or stalking of the owners or occupants in the block, neighborhood or area in which the real property is located, 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, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.

f.

It shall be an unlawful discriminatory practice for any real estate board, or any board of directors of any condominium corporation or cooperative apartment corporation, because of the actual or perceived group identity of any individual or because of such person's status as a victim of domestic violence, sexual abuse or stalking, who is otherwise qualified for membership, to exclude or expel such individual from ownership of any unit or apartment or from membership on any such board, or to discriminate against such individual in the terms, conditions and privileges of ownership of any unit or apartment or of membership on any such board.

g.

It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial property to refuse to permit, at the expense of a 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 and any local fire or building code applying stricter standards than the New York State 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.

h.

The provisions of this section, as they relate to age, shall not apply to persons under the age of 18 years.

(Added by L.L. No. 17-1999; amended by L.L. No. 14-2005; L.L. No. 4-2008, § 3)