Be
it enacted by the Council as follows:
Section 1. Section 8-101 of the city of New York, as amended by
local law 39 for theyear 1991, is hereby amended to read as follows:
§8-101
Policy. In the city of New York, with its great cosmopolitan population,
there is no greater danger to the health, safety and welfare of
the city and its inhabitants than the existence of groups prejudice
against one another and antagonistic to each other because of
their actual or perceived differences, including those based on
race, color, creed, age, national origin, alienage or citizenship
status, gender, sexual orientation, disability, marital status,
whether children are, may be or would be residing with a person
or conviction or arrest record. The council hereby finds and declares
the that prejudice, intolerance, bigotry, and discrimination,
bias-related violence or harassment and disorder occasioned thereby
threaten the rights and proper privileges of its inhabitants and
menace the institutions and foundation of a free democratic state.
A city agency is hereby created with power to eliminate and prevent
discrimination from playing any role in actions relating to employments,
public accommodations, and housing and other real estate, and
to take other actions against prejudice, intolerance, bigotry,
[and] discrimination and bias-related violence or harassment as
herein provided; and the commission established hereunder is hereby
given general jurisdiction and power for such purposes.
§2.
Section 8-109 of the administrative code of the city of New York,
as added by local law 39 for the year 1991, is hereby amended to
read as follows:
§8-109
Complaint, a. Any person aggrieved by an unlawful discriminatory
practice or an act of discriminatory harassment or violence as
set forth in chapter six of this title may, by himself or herself
or such persons attorney, make, sign and file with the commission
a verified complaint in writing which shall: (i) state the name
of the person alleged to have committed the unlawful discriminatory
practice or act of discriminatory harassment or violence complained
of, and the address of such person if known;(ii) set forth the
particulars of the alleged unlawful discriminatory practice or
act of discriminatory harassment or violence, and (iii) contain
such other information as may be required by the commission. The
commission shall acknowledge the filing of the complaint and advise
the complainant of the time limits set forth in this chapter.
(b) Any employer whose employee or agent refuses or threatens
to refuse to cooperate with the provisions of this chapter may
file with the commission a verified complaint asking
for assistance by conciliation or other remedial action.
(c) Commission-initiated complaints. The commission may itself
make, sign and file a verified complaint alleging that a person
has committed an unlawful discriminatory practice
or an act of discriminatory harassment or violence as set forth
in chapter six of this title.
(d) The commission shall serve a copy of the complaint upon the
respondent and all persons it deems to be necessary parties and
shall advise the respondent of his or her procedural rights and
obligations as set forth herein.
(e) The commission shall not have the jurisdiction over any complaint
that has been filed more than one year after the alleged unlawful
discriminatory practice or act of iscriminatory harassment or
violence as set forth in chapter six of this title occurred.
(f) The commission shall not have jurisdiction to entertain a
complaint if: (i) the complainant has previously initiated a civil
action in a court of competent jurisdiction alleging an unlawful
discriminatory practice as defined in this chapter or an act of
discriminatory harassment or violence as set forth in chapter
six of this title with respect to the same grievance which is
the subject of the complaint under this chapter, unless such civil
action has been dismissed without prejudice or withdrawn without
prejudice; or (ii) the complainant has previously filed and has
an action or proceeding before any administrative agency under
any other law of the state alleging an unlawful discriminatory
practice as defined by this chapter or an act of discriminatory
harassment or violence as set forth in chapter six of this title
with respect to the same grievance which is the subject of the
complaint under this chapter, or (iii) the complainant has previously
filed a complaint with the state division of human rights alleging
an unlawful discriminatory practice as defined by this chapter
or an act of discriminatory harassment or violence as set forth
in chapter six of this title with respect to the same grievance
which is the subject of the complaint under this chapter and a
final determination has been made thereon.
(g) In relation to complaints filed on or after September first
nineteen hundred ninety one, the commission shall commence proceedings
with respect to the complaint, complete the investigation of the
allegations of the complaint and make a final disposition of the
complaint promptly and within the time periods prescribed by rule
of the commission. If the commission is unable to comply with
the time periods specified for completing its investigation and
for final disposition of the complaint, it shall notify the complainant,
respondent, and any necessary party in writing of the reasons
for not doing so.
(h) Any complaint filed pursuant to this section may be amended
pursuant to procedures prescribed by rule of the commission by
filing such amended complaint with the commission
and serving a copy thereof upon all parties to the proceeding.
(i) Whenever a complaint is filed pursuant to paragraph (d) of
subdivision five of section 8-107 of this chapter, no member of
the commission nor any member of the commission staff shall make
public in any manner whatsoever the name of any borrower or identify
by a specific description the collateral for any loan to such
borrower except when ordered to do so by a court of competent
jurisdiction or where express permission has been first obtained
in writing from the lender and the borrower to such publication;
provided, however, that the name of any borrower and a specific
description of the collateral for any loan to such borrower may,
if otherwise relevant, be introduced in evidence in any hearing
before the commission or any review by a court of competent jurisdiction
of any order of decision by the commission.
§3. Subdivision d of section 8-113 of the city of New York,
as added by local law 39 for the year 1991, is hereby amended to
read as follows:
d.
If after investigation the commission determines that probable
cause does not exist to believe that the respondent has engaged
or is engaging in an unlawful discriminatory practice or an act
of discriminatory harassment or violence as set forth in chapter
six of this title, the commission shall dismiss the complaint
as to such respondent.
§4. Subdivision a of section 8-116 of the administrative code
of the city of New York, as added by local law 39 for the year 1991,
is hereby amended to read as follows:
a.
Except in connection with commission-initiated complaints which
shall not require a determination of probable cause, where the
commission determines that probable cause exists to believe that
the [covered entity] respondent has engaged or is engaging in
an unlawful discriminatory practice or an act of discriminatory
harassment or violence as set forth in chapter six of this title,
the commission shall issue a written notice to complainant and
respondent so stating. A determination of probable cause is not
a final order of the commission and shall not be administratively
or judicially reviewable.
§5.
Section 8-120 of the administrative code of the city of New York,
as added by local law 39 for the year 1991, is hereby amended to
read as follows:
§8-120
Decision and order. a. If, upon all the evidence at the hearing,
and upon the findings of fact, conclusions of law and relief recommended
by an administrative law judge, the commission shall find that
a respondent has engaged in any unlawful discriminatory practice
or any act of discriminatory harassment or violence as set forth
in chapter six of this title, the commission shall state its findings
of fact and conclusions of law and shall issue and cause to be
served on such respondent an order requiring such respondent to
cease and desist from such unlawful and discriminatory harassment
or violence. Such order shall require the respondent to take such
affirmative action as, in the judgement of the commission, will
effectuate the purposes of this chapter including, but not limited
to:
(1) hiring, reinstatement or upgrading of employees;
(2) the award of back pay and front pay;
(3) admission to membership in any respondent labor organization;
(4) admission to or participation in a program, apprentice training
program, on-the-job training program or other occupational training
or retraining program;
(5) the extension of full, equal and unsegregated accommodations,
advantages, facilities and
privileges;
(6) evaluating applications for membership in a club that is not
distinctly private without discrimination based on race, creed,
color, age, national origin, disability, marital status, gender,
sexual orientation or alienage or citizenship status;
(7) selling, renting or leasing, or approving the sale, rental
or lease of housing accommodations, land or commercial space or
an interest therein, or the provision of credit with respect thereto,
without unlawful discrimination;
(8) payment of compensatory damages to the person aggrieved by
such practice or act; and
(9) submission of reports with respect to the manner of compliance
[;].
b. If, upon all the evidence at the hearing, and upon the findings
of fact and conclusions of law recommended by the administrative
law judge, the commission shall find that a respondent has not
engaged in any unlawful discriminatory practice or act of discriminatory
harassment or violence as set forth in chapter six of this title,
the commission shall state its findings of fact and conclusions
of law and shall issue and cause to be served on the complainant,
respondent, or any necessary party and on any complainant who
has not intervened an order dismissing the complaint as to such
respondent.
§6.
Section 8-122 of the administrative code of the city of New York,
as added by local law 39 for the year 1991, is hereby amended to
read as follows:
§8-122
Injunction and temporary restraining order. At any time after
the filing of a complaint alleging an unlawful discriminatory
practice under this chapter or an act of discnmmatory harassment
or violence as set forth in chapter six of this title, if the
commission has reason to believe that the respondent or other
person acting in concert with respondent is doing or procuring
to be done any act or acts, tending to render ineffectual relief
that could be ordered by the commission after a hearing as provided
by section 8-120 of this chapter, a special proceeding may be
commenced in accordance with article sixty-three of the civil
practice law and rules on behalf of the commission in the supreme
court for an order to show cause why the respondent should not
be enjoined from doing or procuring to be done such acts. The
special proceeding may be commenced in any county within the City
of New York where the alleged unlawful discriminatory practice
or act of discriminatory harassment or violence was committed,
or where the commission maintains its principal office for the
transaction of business, or where any respondent resides or maintains
an office for the transaction of business, or where any person
aggrieved by the unlawful discriminatory practice or act of discriminatory
practice under paragraphs (a), (b) or (c) of subdivision five
of section 8-107 of this chapter, where the housing accommodation
land or commercial space specified in the complaint is located,
the order to show cause may contain a temporary restraining order
and shall be served in the manner provided therein. On the return
date of the order to show cause, and after affording the commission,
the person aggrieved and the respondent and any person alleged
to be acting in concert with the respondent an opportunity to
be heard, the court may grant appropriate injunctive relief upon
such terms and conditions as the court deems proper.
§7.
Subdivision b of section 8-123 of the administrative code of the
city of New York, as amended by local law 39 for the year 1991,
is hereby amended to read as follows:
b.
Such proceeding shall be brought in the supreme court of the state
within any county within the city of New York wherein the unlawful
discriminatory practice or act of discriminatory harassment or
violence as set forth in chapter six of this title which is the
subject of the commission's order occurs or wherein any person
required in the order to cease and desist from an unlawful discriminatory
practice or act of discriminatory harassment or violence or to
take other affirmative action resides or transacts business.
§8. Section 8-126 of the administrative code of the city of
New York, as added by local law 39 for the year 1991, is hereby
amended to read as follows:
§8-126
Civil penalties imposed by commission for unlawful discriminatory
practices or acts of discriminatory harassment or violence, a.
Except as otherwise provided in subdivision thirteen of section
8-107 of this chapter, in addition to any remedies and penalties
set forth in subdivision a of section 8-120 of this chapter, where
the commission finds that a person engaged in an unlawful discriminatory
practice, the commission may, to vindicate the public interest,
impose a civil penalty of not more than fifty thousand dollars.
Where the commission finds that an unlawful discriminatory practice
was the result of the respondent's willful, wanton or malicious
act where the commission finds that an act of discriminatory harassment
or violence as set forth in chapter six of this title has occurred,
the commission may, to vindicate the public interest, impose a
civil penalty of not more than one hundred thousand dollars.
b. A [covered entity] respondent that is found liable for an unlawful
discriminatory
practice or act of discriminatory harassment or violence, as set
forth in chapter six of this title, may, in relation to the determination
of the appropriate amount of civil penalties to be imposed pursuant
to subdivision a of this section, plead and prove any relevant
mitigating factor.
c. In addition to any other penalties or sanctions which may be
imposed pursuant to any other law, any person who knowingly makes
a material false statement in any proceeding preserved or made
and kept and subject to inspection by the commission pursuant
to this chapter shall be liable for a civil penalty of not more
than ten thousand dollars.
d. An action or proceeding may be commenced in any court of competent
jurisdiction on behalf of the commission for the recovery of the
civil penalties provided for in this section.
§9.
Chapter 1 of title 8 of the administrative code of the city of New
York, as amended by local law 39 for the year 1991, is hereby amended
by this addition of a new section 8-131 to read as follows:
§8-131
Applicability. The provisions of this chapter which make acts
of discriminatory harassment or violence as set forth in chapter
6 of this title subject to the jurisdiction of the commission
shall not apply to act committed by members of the police department
in the course of performing their official duties as police officers
whether the police officer is on or off duty.
§10.
Subdivision a of section 8-502 of the administrative code of the
city of New York, as added by the local law 39 for the year 1991,
is hereby amended to read as follows:
a.
Except as otherwise provided by law, any person claiming to be
aggrieved by an unlawful discriminatory practice as defined in
chapter one of this title or by an act of discriminatory harassment
or violence as set forth in chapter six of this title shall have
a cause of action in any court of competent jurisdiction for damages,
including punitive damages, and for injunctive relief and such
other remedies as may be appropriate, unless such person has filed
a complaint with the city commission on human rights or with the
state division of human rights with respect to such alleged unlawful
discriminatory practice or act of discriminatory harassment or
violence. For purposes of this subdivision, the filing of a complaint
with a federal agency pursuant to applicable federal law prohibiting
discrimination which is subsequently referred to the city commission
on human rights or to the state division of human rights pursuant
to such law shall not be deemed to constitute the filing of a
complaint under this subdivision.
§11.
Section 8-502 of the administrative code of the city of New York,
as added by local law 39 for the year 1991, is hereby amended by
the addition of a new subdivision e to read
as follows:
e.
The provisions of this section which provide a cause of action
to persons claiming to be aggrieved by an act of discriminatory
harassment or violence as set forth in chapter six of this title
shall not apply to acts committed by members of the police department
in the course of performing their official duties as police officers
whether the police officer is on or off duty.
§
12. Subdivision d of section 8-502 of the administrative code of
the city of New York, as added by local law 39 for the year 1991,
is hereby amended to read as follows:
d.
A civil action commenced under this section must be commenced
within three years after the alleged unlawful discriminatory practice
or act of discriminatory harassment or violence as set forth in
chapter six of this title occurred. Upon, the filing of a complaint
with the city commission on human rights or the state division
of human rights and during the pedency of such complaint and any
court proceeding for review of the dismissal of such complaint,
such three year limitations period shall be tolled.
§
13. Chapter six of title eight of the administrative code of the
city of New York, as added by local law 39 for the year 1991, is
hereby renamed and amended to read as follows:
CHAPTER
6. DISCRIMINATORY HARASSMENT OF VIOLENCE
§ 8-602 Civil action to enjoin discriminatory harassment
or violence; equitable remedies, a. Whenever a person interferes
by threats, intimidation or coercion or attempts to interfere
by threats, intimidation or coercion with the exercise or enjoyment
by any person of rights secured by the constitution or laws' of
the United States, the constitution or laws of this state, or
local law of the city [because of the person's] and such interference
or attempted interference is motivated in whole or in part by
the victim's actual or perceived race, creed, color, national
origin, gender, sexual orientation, age, whether children are,
may or would be residing with such [person] victim, marital status,
disability, or alienage or citizenship status as defined in chapter
one of this title, the corporation counsel, at the request of
the city commission on human rights or on his or her own initiative,
may bring a civil action on behalf of the city for injunctive
and other appropriate equitable relief in order to protect the
peaceable exercise or enjoyment of the rights secured.
b. An action pursuant to subdivision a may be brought in any court
of competent jurisdiction.
c. Violation of an order issued pursuant to subdivision a of this
section may be punished by a proceeding for contempt brought pursuant
to article nineteen of the judiciary law and, in addition to any
relief thereunder, a civil penalty may be imposed not exceeding
ten thousand dollars for each day that the violation continues.
§8-603 Discriminatory harassment; civil penalties, a. No
person shall be force or threat of force, knowingly injure, intimidate
or interfere with, oppress, or threaten any other person in the
free exercise or enjoyment of any right or privilege secured to
him or her by the constitution or laws of this state or by local
law of the city [because of the other person's] when such injury,
intimidation, interference, oppression or threat is motivated
in whole or in part by the victim's actual or perceived race,
creed, color, national origin, gender, sexual orientation, age,
marital status, disability or alienage or citizenship status,
as defined in chapter one of this title.
b. No person shall knowingly deface, damage or destroy the real
or personal property of any person for the purpose of intimidating
or interfering with the free exercise or enjoyment of any right
or privilege secured to the other person by the constitution or
laws of this state or by the constitution or laws of the United
States or by local law of the city [because of the other person's]
when such defacement, damage or destruction of real or personal
property is motivated in whole or in part by the victim's actual
or perceived race, creed, color, national origin, gender, sexual
orientation, age, marital status, or whether children are, may
be, or would be residing with such [person] victim, disability
or alienage or citizenship status, as defined in chapter one of
this title.
c. Any person who violates subdivision a or b of this section
shall be liable for a civil penalty of not more than [fifth] one
hundred thousand dollars for each violation, which may be recovered
by the corporation counsel in an action or proceeding in any court
of competent jurisdiction.
§8-604 Disposition of civil penalties. Any civil penalties
recovered by the corporation counsel pursuant to this chapter
shall be paid into the general fund of the city.
§
14. This local law shall take effect immediately.
THE
CITY OF NEW YORK, OFFICE OF THE CITY CLERK, S S.:
I hereby certify that the foregoing is a true copy of a local law
of The City of New York, passed by the Council on January 6,1993,
and approved by the Mayor on January 22 1993.
CARLOS
CUEVAS. City Clerk, Clerk of the City.
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