NY DHR Adopts New Complaint Filing & Investigation Rules (9 NYCRR 465) — Effective Sept. 10, 2025

New Discrimination Complaint Filing and Investigation Procedure in NYS Proposed by Division of Human Rights

Update (Sept. 10, 2025): The Division of Human Rights’ rulemaking is now adopted and effective. For a practitioner-ready breakdown and how to comply, see our new resource page: NY DHR Complaint Filing & Investigation Rules.

---

The New York State Division of Human Rights, which oversees administrative adjudication of discrimination claims statewide, first proposed updates to complaint filing and investigations in the New York State Register on June 18, 2025. Those changes have now been adopted without changes and took effect on September 10, 2025 (Notice of Adoption: amendments to 9 NYCRR §§ 465.1, 465.2, 465.3, 465.5, 465.6; repeal of § 465.8). For the official adoption notice, see the Register (Issue 36, 9/10/25).¹

What changed in Part 465 (high level)

• Service of papers (§ 465.2): Modernized to allow first-class mail, email, and other appropriate electronic means.
• Who may file (§ 465.3(a)): Clarifies individuals, organizations (consistent with caselaw), attorneys/guardians, custodial parents/guardians for minors; confirms DHR may file on its own motion; removes class-action pathway per caselaw limits on relief to non-filers.
• Form & verification (§ 465.3(b)): A complaint can be verified by declaration (Ch. 304, L. 2021) and must be on a Division form (web-based form allowed).
• Required contents (§ 465.3(c)): Must include:
  • a concise statement of the discriminatory acts sufficient for investigation,
  • sufficient identification of the complainant(s) and alleged wrongdoer(s), and
  • factual allegations sufficient to support the claim.
• Time to file (§ 465.3(d)): Generally 3 years from the alleged discriminatory practice (with limited historical exceptions).
• How to file (§ 465.3(e)): Confirms web portal intake and a telephonic option via DHR’s call center; complaint is filed when verified and received.
• Withdrawals / discontinuance / dismissals (§ 465.5):
  • Withdrawal allowed any time before probable cause.
  • Discontinuance after probable cause requires commissioner consent; private settlements are not accepted post-PC (must be a stipulated settlement with the Division).
  • Other dismissal bases clarified/added (e.g., admin convenience, annulment of election to pivot to court, untimeliness).
• Investigations (§ 465.6): Confirms commissioner’s authority to appoint employees to act for regional directors/housing investigations; emphasizes prompt, fair investigations and leadership review for factual/legal sufficiency.
• Probable cause review (§ 465.8): Repealed (obsolete due to electronic records; duplicative).

Exact rule text

The above is a summary. The controlling authority is 9 NYCRR Part 465. You can review the adoption notice in the Sept. 10, 2025 State Register and our evergreen rule explainer here:

• Register Notice of Adoption (9/10/25): see “Division of Human Rights — Complaint Filing and Investigation Procedures” (Issue 36).¹
• NY DHR Complaint Filing & Investigation Rules — Lieb at Law (summary + practical guidance).

What this means for you

• Employees/tenants/public-accommodations users: The 3-year filing window and online intake lower barriers—but your complaint must be specific and verified. We can structure your facts to meet Part 465’s sufficiency standards.
• Employers/housing providers/businesses: Expect more filings and electronic service. Update your intake/litigation protocols and evaluate early dismissal strategies (jurisdiction, probable cause, admin convenience) and forum strategy (annulment to court when appropriate).

Need help now? Don’t DIY Part 465. Request a consultation or call (646) 216-8009.

---

Attorney Advertising. This post is for informational purposes only and not legal advice. Updated 9.10.25.

¹ NYS Register, Issue 36 (Sept. 10, 2025), “Division of Human Rights — Complaint Filing and Investigation Procedures,” Notice of Adoption (amending 9 NYCRR §§ 465.1, 465.2, 465.3, 465.5, 465.6; repealing § 465.8).

New Discrimination Complaint Filing and Investigation Procedure in NYS Proposed by Division of Human Rights

The New York State Division of Human Rights, which oversees the administrative adjudication of discrimination claims throughout the State, has proposed new rules for Complaints and Investigations in the New York State Register on June 18, 2025. 

Under this Proposed Rule Making, the following changes are submitted for comment on or before August 17, 2025 to Erin Sobkowski, Division of Human Rights, 350 Main St., 10th Fl., Suite 1000B, Buffalo, New York 14202, (716) 847-7679, email: Erin.Sobkowski@dhr.ny.gov:

• Section 465.1, Definitions, has been amended to reflect the change in title to the Deputy Commissioner of Investigations.
• Section 465.2, Service of Papers, has been amended to provide for electronic service of papers. In addition, the provision regarding service on nonresident persons and foreign corporations has been removed because such service is now dictated by the Civil Practice Law and Rules. 
• Subdivision 465.3(a) is amended to clearly state that any person within the meaning of Executive Law Section 292(1) may file a complaint, or, on behalf of such person, an attorney, legal representative appointed by a court, or a custodial parent or legal guardian of a person under the age of 18. In addition, language has been added to clarify what type of organization may file a complaint, consistent with caselaw. The language has been updated to reflect the current title of the Executive Director of the Justice Center for the Protection of People with Special Needs. The provision permitting class actions has been deleted pursuant to a court decision disallowing the division from awarding relief to persons who did not file a complaint. 
• Subdivision 465.3(b), Form, is updated to reflect a statutory amendment made to the Human Rights Law pursuant to Chapter 304 of the Laws of 2021, permitting a complaint to be verified by declaration. In addition, this section requires complaints to be in a form promulgated by the Division. Such amendment is necessary to better ensure complaints filed with the Division meet sufficient standards to allow for effective investigation and adjudication and redirect Division time and resources from attempting to correct complaints that do not meet such standards. 
• Subdivision 465.3(c), Contents, is amended to clarify that complaints must include: a concise statement of the alleged discriminatory acts, sufficient to enable the division to investigate the claims; sufficient identification of the complainant(s) and the person(s) alleged to have committed unlawful discriminatory acts; factual allegations sufficient to support the claim. These changes are required to better ensure that complaints received by the Division contain sufficient information to allow for timely and effective investigation and to prevent unnecessary resources from being spent correcting complaints that do not meet legal standards for filing. 
• Former subdivision 465.3(d), Place of Filing, has been removed to conform with the modern technological reality that complaints may be filed virtually. 
• Former Subdivision 465.3(e), Time of Filing, is now Subdivision 465.3(d), and has been amended to reflect a statutory amendment, pursuant to Chapter 656 of the Laws of 2023, requiring a complaint be filed within three years of the alleged discriminatory conduct. 
• Former Subdivision 465.3(f), Manner of filing, is now Subdivision 465.3(e), has been amended to reflect current use of technology, including the use of an online portal for filing and the creation of a telephonic option for filing complaints with the assistance of the Division’s call center. 
• Section 465.5, Withdrawals, discontinuances and dismissals before a hearing, subdivisions 465.5(a) and (c) have been amended to clarify that a complainant may withdraw their complaint before a determination of probable cause has been issued and may discontinue their complaint with the consent of the commissioner after such a determination is made. A new sentence has been added to subdivision 465.5(c) to reflect the Division’s practice, in effect since October 12, 2021, that the commissioner will not consent to discontinue a complaint that has been settled privately without the Division. 
• Subdivision 465.5(d) has been amended to clarify that the commissioner may duly appoint any Division employee to act on behalf of a regional director or the director of housing investigations. 
• Subdivisions 465.5(f) and (g) are added to include other types of dismissals issued by the Division. 
• Section 465.6, Investigations, has been amended to clarify that the commissioner may duly appoint any Division employee to act on behalf of a regional director or the director of housing investigations. 
• Section 465.8, Probable cause review, has been deleted because it is obsolete due to electronic records storage and is otherwise unnecessary because it requires duplicative review of probable cause determinations.

However, the actual text of the proposed changes is not provided and must be requested from Edith Allen, Division of Human Rights, One Fordham Plaza, 4th Floor, Bronx, New York 10458, (718) 741-8398, email: Edith.Allen@dhr.ny.gov. We've made that request, so stay tuned.

New NYS Law Protects Against Hate Crimes Targeting Religious Attire Creating Evidence of Discrimination

New York State is taking a strong stand against hate crimes and by doing so, are enhancing discrimination claims in the workplace, in housing, and in education. Specifically, starting on November 26, 2024, it became a crime to remove or threaten to remove someone's religious attire. 

The new law (S05302) amends Section 240.30 of the New York Penal Law, which defines certain acts of aggravated harassment as crimes. The amendment explicitly makes it a crime to remove or threaten to remove a person's "religious clothing article or headdress" with the intent to harass, annoy, threaten, or alarm them and be motivated by a belief or perception about the person's:

• Race
• Color
• National Origin
• Ancestry
• Gender
• Gender Identity or Expression
• Religion
• Religious Practice
• Age
• Disability 
• Sexual Orientation

Because such topics are protected classes under the New York State Human Rights Law (protecting against discrimination in employment, housing, and education), the act of the assailant in forcibly removing a person's hijab, turban, kippah, and the like, will render discrimination claims much stronger with the presence of this new law.

Stated otherwise, if you or someone you know has experienced harassment or discrimination related to religious attire, this new law provides a clear path for seeking justice—don’t hesitate to take action and protect your rights.

Amazon's Exposure to Failure-to-Accommodate Claims Based on New Reasonable Accommodation Policy

Amazon recently updated its Reasonable Accommodation Policy as to employees seeking disability accommodations to work from home.  

Here is an explanation of their updated policy based on Bloomberg Reports. 

In a nutshell, the policy includes a more rigorous vetting process, multilevel leader review, and month-long return to the office trials. 

As a result, Amazon may wind-up defending more failure-to-accommodate claims while enacting this policy update. Specifically, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations unless doing so would cause an undue hardship. The ADA mandates that employers engage in an interactive process, assessing requests individually in a timely manner. By implementing a more complex approval system, Amazon may be making it harder for employees with disabilities to receive the accommodations that they need, potentially violating the ADA. 

First, the new process requires a complex "multilevel leader review," which could lead to significant delays before employees' requests are approved. This extended waiting period could violate the ADA's requirement to address requests for accommodations in a timely manner, which is seen as a constructive denial of the requested accommodation that makes a failure-to-accommodate lawsuit ripe for adjudication. 

Additionally, the policy is problematic because it applies to both new requests and extensions of existing accommodations. Employees who have already been granted accommodations may now be required to return to the office for month-long trials to assess whether their needs are being met. This one-size-fits-all approach may not be suitable for all disabilities, and pushing employees back to the office without considering their specific needs could be seen as a failure to provide reasonable accommodation in violation of the ADA.

If employees are unable to obtain the accommodations they require and are forced to work in ways that don’t suit their disabilities, they may feel forced to leave the company. In such cases, this could be considered constructive discharge, where the work environment becomes so intolerable that employees feel they have no choice but to quit.

If Amazon's new policy fails to comply with the ADA or similar state and local laws, it could face serious legal consequences. Affected employees should file complaints with the Equal Employment Opportunity Commission (EEOC), which is a condition precedent to bringing an ADA claim. Remember, dependent on location, such a charge must be filed with EEOC in as early as 180 days (some states extend this to 300 days, but federal sector employees only have 45 days to contact an EEO Counselor to get the ball rolling). 

Amazon's actions highlight the need for employers to carefully balance workplace goals with their legal obligations to uphold disability rights under federal, state, and local laws.

A Win for Fairness: NYS Court Expands Discrimination Protections for Nonresidents Seeking Jobs

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. 

Important Discrimination Bill Passes NYS Senate - It's on the Assembly Now

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.

Handicapped Parking Spaces Enforcement Updated

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.

 

Major New RE Landlord / Tenant & Brokerage Regulatory Law in NYS - BOOM

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.

New NYS Discrimination Law Enacted - Victims of Domestic Violence Protected

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. 

Education Discrimination & Your Rights - What Victims Should Know

Education discrimination is illegal throughout the United States and in certain states, like New York, there are even greater protections, rights, and damages available to victims and their parents. 

When it comes to education, you and your child have a right to be free from harassment, bullying and other forms of wrongful discrimination that is perpetrated by teachers, the administration, or even other students (your peers). This applies to public schools, non-religious private schools, colleges and universities. Simply, you and your child can't be denied a right to learn because of who you are. 

Anti-discrimination laws in education apply regardless of whether the discrimination is explicit or implicit. While we've all heard about equal access to sports between the sexes / genders, or even teachers having sex with their students, discrimination lawsuits more commonly concern bullying of minorities, the failure to give testing accommodations to disabled students, and, even, the failure to extend days off to religious observers. Simply, it is the administration's duty to make education equally accessible to all and this failure can result in a lawsuit.  

On the federal level, Title IX of the Educational Amendments protects against sex discrimination while Title VI of the Civil Rights Act addresses race, color, and national origin discrimination, and finally Title II of the Americans with Disabilities Act (ADA) protects against disability discrimination. However, these federal laws on education discrimination were just limited by the Supreme Court and can, mostly, no longer result in victims receiving emotional distress or punitive damages.

Nonetheless, states, like New York, provide victims with the right to recover for their emotional distress and punitive damages. Moreover, New York adds protections by covering victims of discrimination with respect to additional categories, such as race, color, religion, disability, national origin, sexual orientation, military status, sex, age and marital status. New York even makes clear that it's own public school districts can be held accountable for discrimination based on an amendment to its laws from July 25, 2019, A3425.

If you or your child were a victim of education discrimination, it is important to act quickly and file your claim after hiring a lawyer. In New York State, claims against public school districts must be filed within 3 months after the discriminatory event. While the State's anti-discrimination laws otherwise provide up to 3 years for lawsuits against non-public schools (i.e., private schools / colleges / universities), it's nonetheless important to act quickly to preserve all the discriminatory evidence (i.e., audio / video), which is done by immediately sending what is known as a spoliation notice.

To be clear, discrimination victims, in New York, can recover compensatory damages (being made whole with emotional distress damages), punitive damages (punishment damages), and your attorneys' fees. The perpetrator can lose their license (if licensed as educators or otherwise), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more. Discrimination is wrong and must be stopped. 

Don't be afraid to speak-up. If you are advancing an anti-discrimination right for yourself or your child, you are protected from retaliation. Even if it is ultimately found that you or your child was not discriminated against, you both can nonetheless be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. Again, this is not just true if you are advancing your own rights, it also applies if you are raising your child's rights, or another student's rights, because anti-retaliation laws protect anyone who aids and/or encourages someone else in exercising their rights to be free from discrimination. 

Attorney Advertising

US Supreme Court Eliminates Availability of Emotional Distress Damages in Certain Discrimination Cases - Congress?

Discrimination victims may only recover compensatory damages and injunctive relief, not punitive damages or emotional distress damages, when they bring cases under the Rehabilitation Act of 1973, the Patient Protection and Affordable Care Act, Title VI of the Civil Rights Act, and Title IX of the Educational Amendments, unless Congress acts NOW! 

As a desk reference:

1. The Rehabilitation Act of 1973 bars funding recipients from discriminating because of disability;
2. Title VI of the Civil Rights Act forbids race, color, and national origin discrimination in federally funded programs or activities; 
3. Title IX of the Educational Amendments prohibits sex-based discrimination education program or activity receiving federal financial assistance; and
4. The Patient Protection and Affordable Care Act outlaws discrimination on any of the proceeding grounds, in addition to age, by healthcare entities receiving federal funds.

Until April 28, 2022, it remained an open question whether discrimination victims could recover emotional distress damages under those 4 federal statutes. Without emotional distress damages, a victim's recovery is limited because discrimination under these statutes do not concern fixed damages, like in employment where there is back-pay and forward-pay. Instead, most victims only experience humiliation, frustration, and loss of dignity when they are discriminated in healthcare, education, or by general recipients of federal funding. Nonetheless, the US Supreme Court ruled that emotional distress damages are not recoverable in discrimination cases brought under these 4 statutes when it issued its decision in Cummings v. Premier Rehab Keller. 

The case involved an accommodation request by a deaf and legally blind physical therapy recipient who requested an American Sign Language Interpreter at her sessions. You know, so that she could communicate and all. But, the provider said no, which was clearly an act of discrimination and not at issue before the Court. Instead, the Court was faced with determining whether the discrimination victim could recover emotional distress damages under the applicable statutes. 

Stated otherwise, the Court was charged with determining what recovery was available to a victim of discrimination where the Court had previously ruled that punitive damages were unavailable under the 4 statutes. So, what was left? Shouldn't emotional distress damages compensate a victim for their terrible and dehumanizing experience? 

No, said the Supreme Court because these 4 statutes were enacted under Congress' Spending Clause authority and such statutes are analyzed as contracts where defendants must have received clear notice of exposure to emotional distress damages for them to be recoverable. 

Yet, this clearly devastating decision to discrimination victims also has a clear solution. Congress needs to amend these 4 statutes today and provide clear notice that emotional distress damages are recoverable in all discrimination cases. Congress needs to act now. 

 

3 Workplace Discrimination Laws on Governor Hochul's Desk

On 3/15/2022, 3 important workplace discrimination laws made their way to the NYS Governor's Desk to be signed and enacted. 

A7101 - Prohibits the release of personnel records as a retaliatory action against employees who complain or assist in proceedings involving unlawful discriminatory practices by employers.

A2483B - Includes the state and all public employers as employers subject to the provisions of the human rights law; includes executive, legislative and judicial employers.

A2035B - Establishes a toll free confidential hotline for complainants of workplace sexual harassment to be administered by the division of human rights; makes related provisions.

Are you ready? 

As an update, all 3 were signed into law on 3/16/2022.

Housing Discrimination - Updated Protected Classes List - As Applicable to Downstate New York

We are always updating our CE courses at Lieb School because the law is constantly changing. 

While the law changes on every topic, there is no field that seems to be evolving today more than anti-discrimination law. So, we thought it important to share our updated definitive lists of protected classes within downstate New York for Fair Housing and Discrimination Law.

Note - While these lists are similar for employment discrimination law, there are minor differences in protections between the two fields and you should consult with an attorney should you have any questions.

Fair Housing Act:

1. Race
2. Color
3. National origin
4. Religion
5. Sex
6. Familial status
7. Handicap

New York State Human Rights Law: 

1. Race
2. Creed
3. Color
4. National origin
5. Sexual orientation
6. Gender identity or expression (transgender)
7. Military status
8. Sex
9. Age
10. Disability
11. Marital status
12. Lawful source of income
13. Familial status
14. Arrest / sealed conviction record
15. Domestic violence victim status (lease / occupancy only)

New York City Human Rights Law: 

1. Race
2. Creed 
3. Color 
4. National origin 
5. Gender 
6. Age 
7. Disability 
8. Sexual orientation 
9. Uniformed service
10. Marital status 
11. Partnership status 
12. Immigration or citizenship status
13. Lawful source of income 
14. Presence of children 
15. Occupation
16. Victim of domestic violence, stalking or sex offenses

Westchester Fair Housing Law:

1. Race
2. Color
3. Religion
4. Age
5. National origin
6. Alienage or citizenship status
7. Ethnicity
8. Familial status
9. Creed
10. Gender
11. Sexual orientation
12. Marital status 
13. Disability 
14. Source of income
15. Status as victim of domestic violence, sexual abuse, or stalking

Nassau County Fair Housing (Open Housing): 

1. Race
2. Creed
3. Color
4. Gender
5. Disability
6. Age 
7. Religion
8. Source of income
9. Veteran status 
10. Sexual orientation
11. Familial status 
12. Marital status
13. Ethnicity  
14. National origin
15. First responder status
16. Visible traits of an individual such as natural hair texture, protective hairstyles & donning of religious garments or items and shall include segregation

Suffolk County Human Rights Law:

1. Race
2. Color
3. Creed
4. Age
5. National origin
6. Alienage / citizenship
7. Gender
8. Sexual orientation 
9. Disability
10. Marital status 
11. Sex
12. Familial status
13. Military status 
14. Visible traits of an individual, such as natural hair texture, protective hairstyles & donning of religious garments or items
15. Lawful source of income
16. Veteran status
17. Victim of domestic violence

To remind everyone, the federal law is the floor under which states and locales may not fall. Plus, there are often city / town / village anti-discrimination laws that are also relevant and must be respected in housing.

Discrimination is wrong and should be eliminated through trainings, policies, and lawsuits. As a society, we have to utilize all of the tools in our arsenal to make housing available to everyone irrespective of demographics.

Help us to get the word out on this one. It's important because unless everyone knows the protections, no one is really protected.

Attention Mom & Pop Landlords & Tenants - New Anti-Discrimination Law

Ever see a landlord renting the second unit in their two-family residence who posted a sign in the window stating "whites only," or what about a landlord asking a prospective tenant for their religious affiliation with the intention of refusing to rent to persons of a particular creed? 

Effective July 16, 2021, that is illegal in the State of New York. 

Previously there was an exemption to anti-discrimination laws that permitted this despicable behavior when a landlord was renting an owner-occupied two-family unit, known as Mrs. Murphy Law.

Now, under Executive Law 296, all property in this state is subject to the same law for discriminatory advertising - it is unlawful to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, or any intent to make any such limitation, specification or discrimination.

Are you happy that New York State is increasing accessibility and equality for all; or, do you miss the good old days when you could be a miserable bigot? 

UPDATE on New Tenant Disclosure Form on Reasonable Modification and Accommodation

As an update on our BLOG on the new law requiring a disclosure form on reasonable modifications and accommodations, Governor Cuomo just signed Senate Bill S867 which removes the requirement that all landlords conspicuously post the disclosure form in all vacant listings. According to the New York State Senate website, “this measure was seen as an excessive mandate on landlords and difficult to enforce uniformly.”

Also, the new law is now under Section 170-d of the Executive Law. It was previously passed under Section 296 of the New York State Human Rights Law. This change means the failure to serve the disclosure form is no longer a listed discriminatory practice under the New York State Human Rights Law. Thus, it is unclear whether any penalty or enforcement is available on the new law or if it is just another lip service law.

As to the disclosure form itself, you can now access the New York State Division of Human Rights’ published disclosure form HERE.

HIV Patients Have Right to Cosmetic Surgery

The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case. 

The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.

The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.

Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.

What do you think the award should have been?

1. Nothing
2. $20,000
3. $125,000
4. $1,000,000

New Housing Discrimination Law – RE Brokers Exposed to Fines & Revoked / Suspended Licenses

Effective August 3, 2020, the Department of State is given the discretion to fine, suspend, or revoke a real estate broker or salesperson's license for violations of the New York State Human Rights Law in their capacity as broker or agent.

Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.

Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:

“No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.”

Is the new law than just lip service to appease the public after the Newsday investigation which uncovered rampant housing discrimination violations in the real estate industry?

Weigh in.

Security Deposit Voucher Recipients PROTECTED by Source of Income Discrimination Laws

The NYS Appellate Division recently clarified that "[t]he fact that the security vouchers are a guarantee of payment, rather than a cash payment, does not render them not 'income,' as they are an item of value, worth a payment of up to one month's rent on the tenant's behalf to compensate for unpaid rent or damages to an apartment."

Landlords, brokers, and property managers be warned - you cannot deny a prospective tenant based upon the source of their money for their security deposit as well as for their rent.

Click to read the full Appellate decision, Estates NY Real Estate Servs. LLC v City of New York.

Discrimination lawsuits are everywhere, but they are easy to avoid so long as you treat everyone equally irrespective of their membership in a protected class.

If you get sued for discrimination, lawyer-up fast and watch what you say. Many defendants dig their grave when they get sued for discrimination by acting irrationally. Protect yourself and your company now with trainings at liebcompliance.com

Suffolk County Enacts "Ban the Box" Law Prohibiting Employers from Inquiring into an Applicant's Criminal Conviction History

The Suffolk County Legislature recently passed a "Ban the Box" law which will prohibit all employers in Suffolk County with 15 or more employees from inquiring as to a candidate's criminal conviction history during the application process. 

An employer cannot consider an applicant's criminal conviction history until after an application has been submitted and the initial interview has been conducted. An employer may only deny employment based on an applicant's criminal conviction history after conducting an individualized inquiry and concluding that the criminal conviction "bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to the property or to the safety of individuals or the general public."

The law specifically exempts the Suffolk County Police Department, the Suffolk County Department of Fire, Rescue and Emergency Services, public or private schools and any public or private provider of care or supervision for children, young adults, or physically or mentally disabled individuals. 

An aggrieved individual may file a claim with the Suffolk County Human Rights Commission or file a civil lawsuit. Employers in Suffolk County should immediately adjust their hiring practices and policies to avoid substantial liability.

The law is effective as of August 25, 2020.

New Law: Independent Contractors in NYC are Protected Against Discrimination and Must be Trained

Effective January 11, 2020, independent contractors in New York City are protected from discrimination or harassment in the workplace and can sue under the New York City Human Rights Law (New York State Human Rights Law already protects independent contractors). In addition, independent contractors in NYC now have a right to request and receive a reasonable accommodation related to their disability, religious observance, etc.

Because independent contractors are protected under the New York City Human Rights Law, companies in NYC with 15 or more employees are now required to provide annual sexual harassment prevention training to independent contractors (It was previously encouraged). Companies must modify their policies and training materials/procedures accordingly. Training under the NYC Human Rights Law must be completed by April 1, 2020.