On March 14, 2024, New York State's Court of Appeals rendered its decision on Syeed v. Bloomberg L.P., which holds that New York City and New York State Human Rights Laws apply to nonresidents who are not yet even employed by a company in the city or state, but who are proactively seeking an actual city or state based job opportunity. 

This decision expands the protections of NY's / NYC's discrimination laws to include individuals who were denied employment based on discrimination even if said individuals were not yet residents or employees in New York State or City.

If you'd like to read the case and learn more about the court's decision, click here. 

On 3/13/2023, S3255 passed the NYS Senate and was delivered to the Assembly. 

This Anti-Discrimination Bill is so important to school-children and governmental employees facing discrimination in the State of New York.

Currently, when suing many governmental defendants for discrimination, such as school districts, victims only have one year to bring their claims (except for sexual harassment claims) before the New York State Division of Human Rights. This bill would make the limitations period three years. 

The bill is particularly important to bridge the gap between suing the government and non-governmental actors. When suing a non-government actor for discrimination, a victim can bring a court case, rather than a claim before the New York State Division of Human Rights, under the New York State Human Rights Law, within three years of the wrongful acts of discrimination. 

However, discrimination court cases against the government are often subject to a notice of claim statute where the statute of limitations is effectively limited to ninety days. 

As a result, many victims of governmental discrimination are out of luck when brining claims because they did not act quickly enough. 

Often times, a claim against a school district for permitting harassment in school is an ongoing case where acts over years demonstrate the discrimination, but recent events only tell an incomplete story. 

This law will bring fairness to the state and protect victims of discrimination.  

We strongly support the passage of this Bill and hope that the Assembly passes it swiftly.

Starting on October 19, 2022, fines are going to be issued to any person who obstructs handicapped parking areas at a shopping center with one to four retail stores throughout New York State pursuant to S8822. 

That is not to say that this is all that can happen if landlords don't enforce and/or provide for handicapped parking at their shopping centers. Landlords who do not provide for access for the disabled can be sued under the Americans with Disabilities Act (ADA) and state specific laws like the New York State Human Rights Law (NYSHRL). So, such landlords should actively enforce their handicapped parking by also towing violators. Nonetheless, individuals who obstruct such spaces can't be sued under the ADA, so, it's a welcome sign that such obstructors will, at least, be ticketed for their thoughtless infraction.

New York tenants will be receiving new notices about their rights to reasonable modifications and accommodations for persons with disabilities as of today. 

The Division of Human Rights has officially adopted 9 NYCRR 466.15 - see our prior blog on the topic here. 

The new law places a tremendous onus, with awesome exposure, on the following people: "the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof." The law applies to both private property and publicly-assisted housing. 

There is a special section in the law just for real estate brokers, who are now obligated to provide the notice at the first point of substantive contact.

Plus, every obligee must also prominently and conspicuously display a link to the notice "on the homepage of such website." Unfortunately, the link, which is supposed to "be made available by the Division," is not so available. 

Nonetheless, here is the official notice and it's language (if you haven't realized it yet, housing providers and their real estate brokers better get up to speed on providing reasonable accommodations and modifications today. Failure-to-accommodate lawsuits are about to be filed with record speed / frequency): 

NOTICE DISCLOSING TENANTS’ RIGHTS TO REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES Reasonable Accommodations The New York State Human Rights Law requires housing providers to make reasonable accommodations or modifications to a building or living space to meet the needs of people with disabilities. For example, if you have a physical, mental, or medical impairment, you can ask your housing provider to make the common areas of your building accessible, or to change certain policies to meet your needs.

To request a reasonable accommodation, you should contact your property manager by calling ______________ or ______________, or by e-mailing ______________. (note: brokers may delete "by calling ______________ or ______________, or by e-mailing ______________.)

You will need to inform your housing provider that you have a disability or health problem that interferes with your use of housing, and that your request for accommodation may be necessary to provide you equal access and opportunity to use and enjoy your housing or the amenities and services normally offered by your housing provider. A housing provider may request medical information, when necessary to support that there is a covered disability and that the need for the accommodation is disability related. 

If you believe that you have been denied a reasonable accommodation for your disability, or that you were denied housing or retaliated against because you requested a reasonable accommodation, you can file a complaint with the New York State Division of Human Rights as described at the end of this notice.

Specifically, if you have a physical, mental, or medical impairment, you can request:

• Permission to change the interior of your housing unit to make it accessible (however, you are required to pay for these modifications, and in the case of a rental your housing provider may require that you restore the unit to its original condition when you move out);
• Changes to your housing provider’s rules, policies, practices, or services;
• Changes to common areas of the building so you have an equal opportunity to use the building. The New York State Human Rights Law requires housing providers to pay for reasonable modifications to common use areas.

Examples of reasonable modifications and accommodations that may be requested under the New York State Human Rights Law include:

• If you have a mobility impairment, your housing provider may be required to provide you with a ramp or other reasonable means to permit you to enter and exit the building. 
• If your healthcare provider provides documentation that having an animal will assist with your disability, you should be permitted to have the animal in your home despite a “no pet” rule.
• If you need grab bars in your bathroom, you can request permission to install them at your own expense. If your housing was built for first occupancy after March 13, 1991 and the walls need to be reinforced for grab bars, your housing provider must pay for that to be done.
• If you have an impairment that requires a parking space close to your unit, you can request your housing provider to provide you with that parking space, or place you at the top of a waiting list if no adjacent spot is available. 
• If you have a visual impairment and require printed notices in an alternative format such as large print font, or need notices to be made available to you electronically, you can request that accommodation from your landlord.

Required Accessibility Standards 

All buildings constructed for use after March 13, 1991, are required to meet the following standards:

• Public and common areas must be readily accessible to and usable by persons with disabilities;
• All doors must be sufficiently wide to allow passage by persons in wheelchairs; and 
• All multi-family buildings must contain accessible passageways, fixtures, outlets, thermostats, bathrooms, and kitchens.

If you believe that your building does not meet the required accessibility standards, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint

A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. You can find more information on your rights, and on the procedures for filing a complaint, by going to www.dhr.ny.gov, or by calling 1-888-392-3644. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website.

On May 13, 2022, NYS protected victims of domestic violence from discrimination in credit, housing, educational institutions, employment agencies, and labor organizations. Even real estate brokers are subject to this law and everyone needs to know that they must treat victims with the respect and support that they need and deserve. 

While domestic violence victims have been protected from employment discrimination since 2019, within the state, the new law, S8417B, even expands this category by now making employment applications and advertisements subject to the law. 

Simply, if you are a victim of domestic violence, you have rights. This applies to the "1 in 4 women and 1 in 7 men [who] will experience severe physical violence by an intimate partner in their lifetime" according to CDC reports. Simply, you are not alone and if you experience discrimination you have the right to be compensated.