§ 700.20. Definitions.

A.

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.

B.

Commission shall mean the Westchester County Human Rights Commission.

C.

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, 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.

D.

Disability shall mean:

1.

A physical, mental, psychological, or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which substantially limit one or more of a person's major life activities or prevents the exercise of an unimpaired bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or

2.

A record or history of a physical, mental, psychological, or medical impairment. The term "physical, mental, psychological, or medical impairment" means:

(a)

An impairment of any system of the body; including, but not limited to: the neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardiovascular system; the reproductive system; the digestive and genitor-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or

(b)

A mental or psychological disorder includes, but is not limited to, depression, bipolar disorder, anxiety disorders, and schizophrenia; or

(c)

A condition regarded or perceived by others as such an impairment.

3.

The term "disability" shall not include alcoholism, drug addiction, the current illegal use of controlled substances, or any other form of substance abuse as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802); Except, however, it may apply to a person who is:

(a)

Recovering or has recovered, and

(b)

Is currently free from such substance abuse.

E.

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

F.

Familial Status shall mean one or more individuals, under the age of eighteen years, being domiciled with:

1.

A parent or legal custodian of such individual or individuals; or

2.

The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or has a child or children or is in the process of securing legal custody or has legal custody of any individual under the age of eighteen years.

G.

Gender shall mean:

1.

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

2.

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.

H.

Group identity shall mean the race, color, religion, age, national origin, alienage or citizenship status, ethnicity, familial status, creed, gender, sexual orientation, marital status or disability of a person or persons, a person's source of income, or a person's status as a victim of domestic violence, sexual abuse, or stalking.

I.

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, including, but not limited to, houses, apartments, cooperative apartments, condominium units, mobile homes and vacant land.

J.

Multiple dwelling as herein used, means 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 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.

K.

National origin shall include ancestry.

L.

Necessary party shall mean 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.

M.

Owner occupied shall mean physical possession, in part or in full, by the owner.

N.

Parties to the proceeding shall mean the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article.

O.

Person shall mean one or more natural persons, proprietorships, partnerships, limited liability partnerships, associations, group associations, corporations, limited liability corporations, labor organizations, mutual companies, joint-stock companies, unincorporated organizations, fiduciaries, legal representatives, trustees, trustees in bankruptcy, or receivers.

P.

Person in the business of selling or renting housing accommodations shall include anyone who:

1.

Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any housing accommodation or any interest therein;

2.

Within the preceding twelve months, has participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

3.

Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

Q.

Publicly-assisted housing accommodations shall include all housing accommodations within Westchester 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 1, 1950, within Westchester 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 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 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 guaranty or insurance; and

5.

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:

a.

The acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after 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 1, 1955, is outstanding that acquisition of such housing accommodations maybe financed in whole or in part, 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.

R.

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 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 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.

S.

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 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 to or attempts to collect rent for the use of real estate for or on behalf of such real estate broker.

T.

Reasonable accommodation shall mean such accommodation in rules, policies, practices, or services, when such accommodation may be necessary to afford equal opportunity to use and enjoy a housing accommodation that can be made and shall not cause undue hardship to the owner or owner's business. The owner or covered business shall have the burden of proving undue hardship. In making a determination of undue hardship, the factors that may be considered include but shall not be limited to:

1.

The nature and cost of the accommodation;

2.

The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; and

3.

The architectural feasibility of providing such accommodation.

U.

Sexual orientation shall mean heterosexuality, homosexuality, or bisexuality.

V.

Source of income shall mean, as it relates to unlawful discriminatory real estate practices, lawful, verifiable income derived from social security, or any form of federal, state or local public assistance or housing assistance, grant or loan program, including the federal housing subsidy known as "Section 8", any disability payment, and assistance, grant or loan program from a private housing assistance organization.

(1)

For the purposes of this article, as they relate to unlawful discriminatory real estate practices on the basis of source of income, it shall not be considered discriminatory if differentiations or decisions are based solely upon factually supportable, objective differences in the level of the individual's income, which is defined as the sum total of all sources of lawful and verifiable income, including, but not limited to, the sources of income defined herein. Differentiations or decisions based on the level of income must bear a reasonable relationship to the individual's ability to meet his or her personal housing payment obligations that arise from the tenancy, ownership or occupancy of the housing accommodation.

(2)

For purposes of this article, as they relate to unlawful discriminatory real estate practices on the basis of source of income, it shall not constitute an unlawful discriminatory real estate practice on the basis of source of income to make a written or oral inquiry concerning the level or source of income.

(3)

The provisions of this article, as they relate to unlawful discriminatory real estate practices on the basis of source of income, shall be applicable to all housing accommodations, with the following exceptions: (a) cooperative apartments; (b) condominiums; (c) housing accommodations otherwise exempted by section 700.21(C) of this article; and (d) housing accommodations, other than publicly-assisted housing accommodations, for six or fewer families living independently of each other, provided that the person owns or has ownership interest in only one such housing accommodation.

(4)

It shall not constitute an unlawful discriminatory real estate practice on the basis of source of income that a housing accommodation was denied based on the use by a person of his or her reasonable business judgment in relation to transactions involving housing accommodations that the person owns or in which the person has an ownership interest. The provisions of this subdivision shall not be construed to impair, alter, limit or modify the rights, obligations and/or defenses otherwise available to a respondent against whom any unlawful discriminatory real practice has been alleged pursuant this article.

W.

Transaction shall mean, for purposes of this article, the sale, rental, lease, sublease, assignment, transfer, finance, refinance, loan, or appraisal and any and all other terms and conditions of any housing accommodation.

X.

Unlawful discriminatory real estate practice includes only those practices specified in section 700.21 through section 700.23 of this article which occurred in Westchester County.

Y.

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:

(i)

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

(ii)

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 who 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 subdivision (a) and (b) must also;

(i)

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

(ii)

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;

b.

A victim of an act or series of acts which would constitute a violation of section 120.45, 120.50, 120.55, or 120.60 of the Penal Law.

A victim of domestic violence, sexual abuse or stalking shall also include any individual who 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. 4-2008, § 7; amended by L.L. No. 3-2013, §§ 2 and 3 ^[])