The authority of this chapter shall be in the exercise of the
municipal home rule powers under § 10 of the Municipal Home
Rule Law of the State of New York and for the protection of the public
health, welfare, and well-being of the people of this Town and at
property located therein.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL SPACE
Any space in a building, structure, or portion thereof which
is used or occupied or is intended, arranged or designed to be used
or occupied for the manufacture, sale, resale, processing, reprocessing,
displaying, storing, handling, garaging or distribution of personal
property; and any space which is used or occupied, or is intended,
arranged or designed to be used or occupied as a separate business
or professional unit or office in any building, structure or portion
thereof.
DISCRIMINATION
Any direct or indirect act, policy or practice of exclusion,
distinction, restriction, segregation, separation, limitation, refusal,
denial or any other act or practice of differentiation or preference;
or the aiding, abetting, inciting, coercing or compelling thereof.
EMPLOYEE
Does not include any individual employed by her or his parents,
spouse or child.
EMPLOYER
Does not include any employer with fewer than four persons
in her or his employ.
EMPLOYMENT AGENCY
Includes any person undertaking to procure employees or opportunities
to work.
GENDER IDENTITY AND EXPRESSION
A person's actual or perceived gender identity, gender-related
self-image, gender-related appearance, gender-related behavioral or
physical characteristics, or gender-related expression, whether or
not that gender identity, gender-related self-image, gender-related
appearance, gender-related behavioral or physical characteristics,
or gender-related expression is different from that traditionally
associated with the person's sex assigned at birth. This shall
include but not be limited to:
A.
Transsexuals in all stages of transition, including preoperative,
postoperative and persons living in a gender other than their birth
sex;
B.
Persons (including cross-dressers) whose gender expression occasionally
differs from their sex assigned at birth; and
C.
Intersexed persons born with anatomy or physiology that includes
medical characteristics of both male and female whose sex was assigned
at birth and who sometimes manifest physical characteristics, expressions
or identity that differs from the sex assigned at birth.
HOUSING ACCOMMODATION
Includes any building, structure, or portion thereof located
in the Town which is used or occupied or is intended, arranged or
designed to be used or occupied as the home, residence or sleeping
place of one or more human beings.
LABOR ORGANIZATION
Includes any organization which exists and is constituted
for the purpose, in whole or in part, of collective bargaining or
of dealing with employers concerning grievances, terms or conditions
of employment, or of other mutual aid or protection in connection
with employment.
PERSON
Includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy,
or receivers.
REAL ESTATE BROKER
Any person, firm or corporation who, for another and for
a fee, commission or other valuable consideration, lists for sale,
sells, at auction or otherwise, exchanges, buys or rents, or offers
or attempts to negotiate a sale, at auction or otherwise, exchange,
purchase or rental of an estate or interest in real estate, or collects
or offers or attempts to collect rent for the use of real estate,
or negotiates, or offers or attempts to negotiate, a loan secured
or to be secured by a mortgage or other encumbrance upon or transfer
of real estate. In the sale of lots pursuant to the provisions of
Article 9-A of the Real Property Law, the term "real estate broker"
shall also include any person, partnership, association or corporation
employed by or on behalf of the owner or owners of lots or other parcels
of real estate, at a stated salary, or upon a commission, or upon
a salary and commission, or otherwise, to sell such real estate, or
any parts thereof, in lots or other parcels, and who shall sell or
exchange, or offer or attempt or agree to negotiate the sale or exchange
of any such lot or parcel of real estate.
REAL ESTATE SALESPERSON
A person employed by a licensed real estate broker to list
for sale, sell or offer for sale, at auction or otherwise, to buy
or offer to buy or negotiate the purchase or sale or exchange of real
estate, or to negotiate a loan on real estate, or to lease or rent
or offer to lease, rent or place for rent any real estate, or who
collects or offers or attempts to collect rent for the use of real
estate for or in behalf of such real estate broker.
TOWN
The Town of Brighton in the County of Monroe and State of
New York.
Any action brought for violation of this chapter must be commenced
within one year after the alleged unlawful discriminatory practice.