§ 700.23. Additional provisions defining discriminatory practices.

A.

It shall be an unlawful discriminatory real estate practice for any person to solicit, request, command, importune, compel or coerce the doing of any of the acts forbidden under this article or to attempt to do so, provided that:

1.

A person shall not be held liable for a violation of this article if his or her conduct consists solely of speech or expressive conduct that is not done with intent that a discriminatory act be committed by another person and that does not solicit, request, command, importune, compel, coerce or intentionally aid another person to commit a discriminatory act; and

2.

Nothing in this article shall be construed as prohibiting or proscribing any conduct which is protected from governmental prohibition or regulation by the constitutions of the United States or the State of New York.

B.

It shall be an unlawful discriminatory real estate practice for any person engaged in any activity to which this article applies to coerce, intimidate, threaten, interfere with, retaliate or discriminate against, or attempt to coerce, intimidate, threaten, interfere with, retaliate or discriminate against any person:

1.

In the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article; or

2.

Because he or she has opposed any practice forbidden under this article; or

3.

Because he or she has filed a complaint, testified, assisted or participated in any proceeding under this article; or

4.

Because he or she has participated in or assisted the Board or its members or counsel in any investigation; or

5.

Because he or she has provided information to the Board or its members or counsel in any investigation which information was given as a verified statement not later found to lack veracity.

C.

It shall be an unlawful discriminatory real estate practice for any party to a conciliation agreement made pursuant to section 700.31 of this article to violate the terms of such agreement.

D.

Nothing contained in this article shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, from limiting participation in any activity (including, but not limited to employment, education, or sales or rental of housing accommodations) to, or granting admission to, or giving preference to, persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained. This exemption shall not apply where the religious organization owns or operates housing accommodations for a commercial purpose, or where membership in such religion is restricted on account of race, color or national origin.

(Added by L.L. No. 4-2008, § 7)