Log In   ·   Become A Member

Where Does New York Law Stand With Respect To Transgender Persons And Victims Of Domestic Violence?

John A. Viteritti

The governor has also established a task force "to study the impact of source of income on access to housing including, but not limited to, any sex-based impact." (Photo: www.facebook.com)

In October 2015, Governor Andrew Cuomo announced that the New York State Division of Human Rights adopted new regulations that ban discrimination and harassment against transgender people. The announcement stated: "All public and private employers, housing providers, businesses, creditors, and others should know that discrimination against transgender persons is unlawful and will not be tolerated anywhere in the State of New York." New York enacted its first Human Rights Law in 1945. Under the new regulations regarding gender identity, the Human Rights Commission may award jobs, housing, and other benefits, as well as civil fines and penalties.

Another New York law that became effective on January 19th, 2016 prohibits discrimination in housing based upon domestic violence victim status. According to S. Anthony Gatto and Liz Celeone, General Counsel and Associate Counsel for the New York State Association of Realtors, Section 227-D of the Real Property Law states: "No person, firm, or corporation or agent of any such entity, owning or managing a building used for dwelling purposes, (referred to as landlords for purposes of this article), shall refuse to rent a residential unit to a person because such person's or their family member's domestic violence victim status, when rental would not have been denied had such status not existed." Gatto and Celeone go on to say, "A violation of any of the provisions of the law, in addition to potential criminal liability, a landlord might also be subject to civil liabilities."

The governor has also established a task force "to study the impact of source of income on access to housing including, but not limited to, any sex-based impact."

It should be recognized that state and local governments may add protected classes in addition to federal fair housing laws, and offenders can be prosecuted for all three simultaneously. Suffolk County Human Rights Law already addresses "source of income" as well as transparency in applications for the purchase of shares in a residential cooperative, not currently included in New York Fair Housing Laws. And while there are some exceptions to federal, state, and local fair housing laws for homeowners, they never apply to real estate licensees.

Violation of fair housing laws may result in forced compliance by a court as well as the award of actual and punitive damages to the victim. Even absent actual damages, a court may award punitive damages which by law cannot be covered by insurance.

In addition, if a real estate agent is involved in violation of fair housing laws, it subjects the agent to revocation of their real estate license by the New York Department of State as well as fines and penalties. For the consumer and the real estate professional, ignorance of the law is never an acceptable defense.


John is a St. John's University graduate, licensed Real Estate broker, lecturer, teaches real estate license classes at LIU, NYU, and Cook Maran Real Estate School, and is a well-respected consultant to the real estate industry. www.johnaviteritti.com




Related Articles:

Be the first to comment on this article. (Just fill out the form below)
 

Submit Your Comment

Please note, you are not currently logged in. Your comment will be submitted as a guest.
To submit your comment as a member, please click here.
Your Name:
Location:*
Comments:*
* Comments will be reviewed and posted in a timely fashion
* All fields are required
Question:*
What color is a firetruck?
(For spam prevention, thanks)
 
 
 
http://www.hamptons.com/gallery/ads/1824.gif
http://www.hamptons.com/gallery/ads/1979.gif
Gary R. DePersia, Corcoran Real Estate
With over $2 billion in transactions, Gary DePersia is consistently ranked among the top producers in the Hamptons. A year-on-year member of The Corcoran Group President’s Council, he has qualified as a national list maker since 2007. In the 2016 REAL Trends & The Wall Street Journal list of America’s top real estate professionals, he was designated #22 nationally and #5 in the Hamptons by volume with nearly $200 million of transactions for the past year.

Bridgehampton National Bank
For over 100 years Bridgehampton National Bank has been the East End's hometown bank. Many success stories...one bank, BNB!

Advertise on Hamptons.com - Have your business be seen by over 2 million viewers including NEW searches
Hamptons.com- Our exclusive online magazine has 2.6 million Page Views YTD for 2015. Contact us to join our elite group of clients that benefit from having a presence on the Hamptons award winning publication www.Hamptons.com

Hamptons Carpet One Floor & Home
We pay less,and so do you.With over 1,000 stores in our buying group, we can get the lowest prices from the best flooring manufacturers — and pass the savings on to you.Visit our other locations: Hamptons Carpet One Floor & Home, 675 North Sea Road,Southampton, NY 11968

Hampton Coffee Company is dedicated to making sure you have the best possible experience with our brand, whether you visit one of our cafés, our Mobile Unit, one of our wholesale partners, order through our website, or purchase our coffee on the supermark
We strongly believe that one of the most important parts of being a successful business in the community is truly becoming a part of it. Hampton Coffee Company is proud to support more than 100 different local charities, schools, and organizations each and every year. It is our pleasure to participate in events that are important to our staff and our customers.

RJD Gallery specializes in contemporary art with a focus on Magical, Figurative Realism, Narrative Portraiture and Urban Landscape.
We exhibit representational artists from around the world, who produce fine art of exceptional quality that challenge collectors to contemplate concepts about the artist, themselves, and our human experience. Utilizing timeless techniques in creating their drawings, paintings and sculptures, our artists have developed unique, signature styles that present a current vision of our world.