Baltimore Family Sues Sesame Place For Racial Discrimination. Analysis with Attorney Andrew Lieb.

It took until 8/17/2022 for NYS to realize that its real estate brokerage law, Article 12-a of the Real Property Law, was flawed. 

Until now, how could a saleswoman function in the state? After all, the statutory license was called a "Real Estate Salesman." 

Ironically, the advertising regulations were already up to date, at 19 NYCRR 175.25(c)(4), which required the use of the term "real estate salesperson." However, the actual statute was still in its 1927 form where the license was gender specific. Now, the term "salesman" is replaced with "salesperson" per S536A.

While you may think this is a ridiculous change and probably makes no difference, it's important for little girls to understand that all people can be anything and using male dominated terms is a macro dissuader to female participation in the workforce. So, good job New York State.

On 8/17/2022, 9 NYCRR 466.16 was adopted and is the law in NYS - landlords / brokers / property managers be prepared to be sued for source of income discrimination if you don't update your policies and roll out intensive trainings.

This law requires entities administering any public housing program or assistance to provide a detailed notice of rights from source of income discrimination to tenants in compliance with Executive Law 170-e.

The notice must be provided as follows:

• Current recipients must receive notice within 30 days after the effective date of the regulation;
• Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
• "In writing, and in 14 point... font";
• Electronically is permissible by a link to the notice; &
• On all websites administered by the entity. 

The required notice will look like this:

KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE

By law, you are protected from housing discrimination.

The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.

Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.

Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.

Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.

It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.

If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, 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. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. 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 August 11, 2022, NYC passed legislation to end pregnancy discrimination.

The new law requires a public education program to inform expecting parents about their rights under discrimination law. 

These rights include being free from discrimination due to an impending childbirth, or a medical condition related to pregnancy, and, also, to receive reasonable accommodations at work when one was recently pregnant or a current caregiver. Additionally, notice about disability benefits, paid family leave, and earned safe and sick time are part of the educational mandate. 

With the passage of this bill, NYC is taking a firm stance against discrimination based on pregnancy and employees will now know that they can live and work free from discrimination in the City. If they face discrimination, they should look no further than the New York City Human Rights Law and fight for their rights.

Understanding The Legal Implications of The Unsealed Documents From The Trump Raid. Analysis With Constitutional Attorney Andrew Lieb on Newsy Tonight With Chance Seales.

To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:

1.      Suing a Private Party:

a.     An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per Executive Law §297(5).

b.     An administrative complaint for cases of sexual harassment in employment can be brought within 3 years of the alleged unlawful discriminatory practice per Executive Law §297(5).

c.      A court case can be brought within 3 years of the alleged unlawful discriminatory practice per Koerner v. State, 62 NY2d 442 (1984).

2.     Suing the Government: In addition to the rules to sue a private party, when suing the government, you also may have to file a Notice of Claim, within 90 days of the alleged unlawful discriminatory practice, prior to bringing suit. This requirement depends on who you are suing, but never applies to administrative complaints per Freudenthal v. County of Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is the complete list of when a Notice of Claim is required to be filed within 90 days of the discrimination throughout New York State:

a.     Village Government – Notice of Claim, pursuant to CPLR §9801, is likely not required, but no case is directly on point. The applicable statute seems to mirror General Municipal Law §50-i in its limitations and thus would be subject to Margerum v. City of Buffalo, 24 NY3d 721 (2015).

b.      Town Government – Notice of Claim, pursuant to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL 326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2^nd Dept 2001).

c.     City Government – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

d.   School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1^st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.

e.      Public Library – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

f.      County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2^nd Dept 2001) is required.

g.     State Government – Notice of Claim is NOT required, except Notice of Intention required if filing in Court of Claims on an election of forums.

h.     Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.

To bring a claim under Federal Law, the type of discrimination will impact how much time you have to bring a claim.

1.      If your claim is for housing discrimination:

a.      An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.

b.    A court case can be brought within 2 years of the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).

2.      If your claim is for employment discrimination:

a.      A condition precedent to bringing a court case or proceeding to an administrative hearing is filing with the EEOC either [per 42 U.S.C.A. § 2000e-5(e)(1)]:

                                                    i.     180 days; or

                                                   ii.     300 days if your proceeding initially institutes with a state or local agency having “authority to grant or seek relief,” and New York State has such authority.  

b.     If you are a federal sector employee (i.e., work for the federal government), be warned, your limitations period is just 45 days for you to contact the EEO Counselor at your place of employment / prospective place of employment per 29 CFR §1614.105

Attorney Andrew Lieb was interviewed by Newsweek to analyze Brittney Griner's sentencing. Here is the link to the article.