[Adopted 7-9-2003 by Ord. No. 2003-13[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Fair Housing, adopted 5-7-1980 by Ord. No. 80-5, as amended.
[Amended 1-4-2017 by Ord. No. 2017-02]
While the City of Ithaca Municipal Code presently provides human rights protections related to fair housing, it does not contain similar provisions prohibiting discrimination in the areas of credit; education; employment, and public accommodations. Therefore, the Common Council of the City of Ithaca is desirous of providing for protection against discrimination to its residents in all of these areas. Furthermore, Common Council wishes to extend human rights protection to the following list of protected classes: Persons who are discriminated against on the basis of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight.
When used in this article, 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.
CREDIT
The right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right.
CREDITOR
Any person or financial institution which does business in this city and which extends credit or arranges for the extension of credit by others. The term "creditor" includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors.
CREDIT REPORTING BUREAU
Any person doing business in this city who regularly makes credit reports, as such term is defined by Subdivision e of § 371 of the General Business Law.
DISABILITY
Any physical or mental impairment that substantially limits a major life activity or any record of such an impairment or being regarded by others as having such an impairment. Examples of physical or mental impairments include but are not limited to such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; HIV disease (whether symptomatic or asymptomatic); tuberculosis; drug addiction; alcoholism; mental retardation; organic brain syndrome; emotional illness and specific learning disabilities.
[Amended 9-3-2003 by Ord. No. 2003-16]
DISCRIMINATION
Includes segregation and separation.
EMPLOYEE
An individual who performs services for and under the control and direction of an employer for wages or other remuneration, but not including any individual employed by his or her parents, spouse or child, or in the domestic service of any person, nor any person whose work qualifies under applicable New York State law as that of an independent contractor.
[Amended 5-4-2022 by Ord. No. 2022-03]
EMPLOYER
Any person, firm, partnership, institution, corporation, or association that employs one or more employees, but not including any such entity with fewer than four employees in its employ.
[Amended 5-4-2022 by Ord. No. 2022-03]
EMPLOYMENT AGENCY
Any person undertaking to procure employees or opportunities to work as an employee.
[Amended 5-4-2022 by Ord. No. 2022-03]
FAMILIAL STATUS
A. 
Any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of 18 years; or
B. 
One or more individuals (who have not attained the age of eighteen years) being domiciled with:
(1) 
A parent or another person having legal custody of such individual or individuals, or
(2) 
The designee of such parent.
GENDER
Includes actual or perceived sex and shall also include a person's gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
GENDER IDENTITY OR EXPRESSION
When one's perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
[Added 1-4-2017 by Ord. No. 2017-02]
GENETIC ANOMALY
Any variation in an individual's DNA, which has been shown to confer a genetically influenced disease or predisposition to a genetically influenced disease or makes the individual a carrier of such variation. For this purpose The term "carrier" shall mean a carrier of a genetic anomaly being an individual who is at risk of having offspring with a genetically influenced disease but who has no predisposition of incurring that disease himself or herself.
GENETIC PREDISPOSITION
The presence of a variation in the composition of the genes of an individual which is scientifically or medically identifiable and which is determined to be associated with an increased statistical risk of being expressed as a physical or mental disease or disability in the individual but which has not resulted in any symptoms of such disease or disorder.
GENETIC TEST
An assay employing DNA, constituent genes, or gene products to diagnose or predict the presence of a genetic anomaly that is linked to a physical or mental disease or disability in the individual or the individual's offspring, or susceptibility to or predisposition for a genetically influenced disease or disability.
HOUSING ACCOMMODATION
Includes any building, structure, or portion thereof 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.
MULTIPLE DWELLING
(Reserved)
NATIONAL ORIGIN
Includes "ancestry."
PERSON
Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
Includes, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, or motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest; or restaurants or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind; dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barbershops, beauty parlors, theaters, motion-picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls and public elevators of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants. Such term shall not include public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the State of New York; any such public library, kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subsection may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private. No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a City of Ithaca championship contest or uses the words "City of Ithaca" in its announcements shall be deemed a private exhibition within the meaning of this section.
PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS
Includes all housing accommodations within the City of Ithaca in:
A. 
Public housing;
B. 
Housing operated by housing companies under the supervision of the New York State Commissioner of Housing,
C. 
Housing constructed after July 1, 1950, within the City of Ithaca:
(1) 
Which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
(2) 
Which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the Federal Housing Act of 1949;
(3) 
Which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction; or
(4) 
For the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance;
D. 
Housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July 1, 1955, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
E. 
Housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if:
(1) 
The acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July 1, 1955, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or
(2) 
A commitment, issued by a government agency after July 1, 1955, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof.
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 to 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.
REASONABLE ACCOMMODATION
Actions taken which permit an employee, prospective employee or member with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.
REGULATED CREDITOR
Any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the New York State Banking Department or which is otherwise subject to the supervision of the New York State Banking Department.
SEXUAL ORIENTATION
Heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law.
SUPERINTENDENT
The head of the New York State Banking Department appointed pursuant to § 12 of the Banking Law.
UNLAWFUL DISCRIMINATORY PRACTICE
Includes only those practices specified in sections of this article.
A. 
Employment.
(1) 
It shall be an unlawful discriminatory practice:
(a) 
For an employer or licensing agency to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such individual.
[Amended 1-4-2017 by Ord. No. 2017-02]
(b) 
For an employment agency to discriminate against any individual because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such individual, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.
[Amended 1-4-2017 by Ord. No. 2017-02]
(c) 
For a labor organization to discriminate in any way against any of its members or against any employer or any individual employed by an employer or to exclude or expel from its membership any individual because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such individual.
[Amended 1-4-2017 by Ord. No. 2017-02]
(d) 
For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this subsection nor any provision of this article shall be construed to prohibit the Civil Service Commission or the City's Human Resources Department from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the City of Ithaca for all persons, regardless of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight; provided further, however, that nothing contained herein shall be construed to prevent the legitimate inquiry into an employee or prospective employee's citizenship or immigration status for purposes of ascertaining his or her ability to be legally employed.
[Amended 1-4-2017 by Ord. No. 2017-02]
(e) 
For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(f) 
For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner.
(2) 
Nothing in this subsection shall affect any restrictions upon the activities of persons licensed by the State Liquor Authority with respect to persons under 21 years of age.
B. 
Employment and reasonable accommodations for persons with disabilities.
(1) 
It shall be an unlawful discriminatory practice for an employer, licensing agency, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program.
(2) 
Nothing contained in this subsection shall be construed to require provision of accommodations which can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, employment agency's or labor organization's business, program or enterprise. In making such a demonstration with regard to undue hardship, the factors to be considered include:
(a) 
The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget;
(b) 
The type of operation which the business, program or enterprise is engaged in, including the composition and structure of the workforce; and
(c) 
The nature and cost of the accommodation needed.
C. 
Age discrimination; illegal conditions of employment; retaliation prohibited.
(1) 
It shall be an unlawful discriminatory practice:
(a) 
For an employer or licensing agency to refuse to hire or employ or license or to bar or to terminate from employment an individual 18 years of age or older, or to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of employment, because of such individual's age.
(b) 
For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination on account of age respecting individuals 18 years of age or older, or any intent to make any such limitation, specification, or discrimination.
(c) 
For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
(2) 
Notwithstanding any other provision of law, no employee shall be subject to termination or retirement from employment on the basis of age, except where age is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business, where the differentiation is based on reasonable factors other than age, or as otherwise specified in Subsection C(3) and (4) of this section or in Article 14-A of the Retirement and Social Security Law.
(3) 
Nothing contained in this subsection or in Subsection C(1)(a) of this section shall be construed to prevent the compulsory retirement of any employee who has attained 65 years of age and who, for a two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans as set forth in § 296(3-a)(e) of the New York Executive Law.
(4) 
Nothing contained in this subsection, in Subsection C(1)(a) of this section or in Article 14-A of the Retirement and Social Security Law shall be construed to prevent the compulsory retirement of any employee who has attained 70 years of age and is serving under a contract for unlimited tenure, or a similar arrangement providing for unlimited tenure, at a nonpublic institution of higher education. For purposes of such subsections or article, the term "institution of higher education" means an educational institution which:
(a) 
Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
(b) 
Is lawfully authorized to provide a program of education beyond secondary education; and
(c) 
Provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree.
(5) 
In the event of a conflict between the provisions of this subsection and the provisions of Article 14-A of the Retirement and Social Security Law, the provisions of Article 14-A of such law shall be controlling. But nothing contained in this subsection, or in any other subsection of this section shall be construed to prevent the termination of the employment of any person who, even upon the provision of reasonable accommodations, is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of said subsections; nor shall anything in such subsections be deemed to preclude the varying of insurance coverages according to an employee's age. The provisions of this subsection shall not affect any restriction upon the activities of persons licensed by the State Liquor Authority with respect to persons under 21 years of age.
D. 
Religious observances by employees.
(1) 
It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a Sabbath or other holy day in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in this subsection or Subsection D(2) of this section shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.
(2) 
Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his or her place of employment during any day or days or portion thereof that, as a requirement of his or her religion, he or she observes as his or her Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his or her place of employment and his or her home; provided, however, that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time or shall be charged against any leave with pay ordinarily granted, other than sick leave; provided further, however, that any such absence not so made up or charged may be treated by the employer of such person as leave taken without pay.
(3) 
It shall be an unlawful discriminatory practice for an employer to refuse to permit an employee to utilize leave, as provided in Subsection D(2) of this section, solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice.
(4) 
As used in this subsection, the following terms shall have the meanings indicated:
PREMIUM BENEFIT
An employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee.
PREMIUM WAGES
Include overtime pay and compensatory time off, and additional remuneration for night, weekend or holiday work, or for standby or irregular duty.
UNDUE HARDSHIP
An accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system).
(a) 
Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to:
[1] 
The identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer;
[2] 
The number of individuals who will need the particular accommodation to a sincerely held religious observance or practice; and
[3] 
For an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.
(b) 
However, an accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed.
E. 
Apprenticeships. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs:
(1) 
To select persons for an apprentice training program registered with the State of New York on any basis other than their qualifications, as determined by objective criteria which permit review;
(2) 
To deny to or withhold from any person, because of his or her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program;
[Amended 1-4-2017 by Ord. No. 2017-02]
(3) 
To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of his or her/their actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord. No. 2017-02]
(4) 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
[Amended 1-4-2017 by Ord. No. 2017-02]
F. 
Employment; minimum and maximum compensation in job listings.
[Amended 5-4-2022 by Ord. No. 2022-03]
(1) 
It shall be an unlawful discriminatory practice for an employment agency, employer, employee or agent thereof to advertise an opportunity for employment as an employee, including a job, promotion or transfer opportunity without stating the minimum and maximum hourly or salary compensation for such position in such advertisement. In stating the minimum and maximum hourly or salary compensation for a position, the range may extend from the lowest to the highest hourly or salary compensation the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.
(2) 
This subsection does not apply to an employer that employs fewer than four employees whose standard work locations are in the city.
(3) 
This subsection does not apply to a job advertisement for temporary employment at a temporary help firm as such term is defined by Subdivision 5 of Section 916 of Article 31 of the Labor Law.
A. 
It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, or that the patronage or custom thereat of any person of or purporting to be of any particular actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight is unwelcome, objectionable or not acceptable, desired or solicited.
[Amended 1-4-2017 by Ord. No. 2017-02]
B. 
Nothing in this subsection shall be construed to prevent the barring of any person, because of the gender of such person, from places of public accommodation, resort or amusement if Common Council grants an exemption based on bona fide considerations of public policy; nor shall this subsection apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one gender.
A. 
It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of publicly assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations:
(1) 
To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
[Amended 1-4-2017 by Ord. No. 2017-02]
(2) 
To discriminate against any person because of his or her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight in the terms, conditions or privileges of any publicly assisted housing accommodations or in the furnishing of facilities or services in connection therewith.
[Amended 1-4-2017 by Ord. No. 2017-02]
(3) 
To cause to be made any written or oral inquiry or record concerning the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of a person seeking to rent or lease any publicly-assisted housing accommodation.
[Amended 1-4-2017 by Ord. No. 2017-02]
(4) 
Persons with disabilities:
(a) 
To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York State Fire Prevention and Building Code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(b) 
To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
(c) 
In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct dwellings, in accordance with the accessibility requirements of the New York State Fire Prevention and Building Code, to provide that:
[1] 
The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons with disabilities;
[2] 
All the doors are designed in accordance with the New York State Fire Prevention and Building Code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
[3] 
All premises within covered multifamily dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York State Uniform Fire Prevention and Building Code.
B. 
Nothing in this section shall restrict the consideration of age in the rental of publicly assisted housing accommodations if Common Council grants an exemption based on bona fide considerations of public policy for the purpose of providing for the special needs of a particular age group without the intent of prejudicing other age groups.
C. 
Nothing in this section shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same sex.
[Amended 1-4-2017 by Ord. No. 2017-02]
It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of Article 4 of the Real Property Tax Law to deny the use of its facilities to any person otherwise qualified, by reason of his or her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight.
A. 
It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities.
[Amended 1-4-2017 by Ord. No. 2017-02]
B. 
Sale or lease of housing by owner.
(1) 
It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, 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:
[Amended 1-4-2017 by Ord. No. 2017-02]
(a) 
To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(b) 
To discriminate against any person because of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
(c) 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, or any intent to make any such limitation, specification or discrimination.
(2) 
The provisions of this Subsection B shall not apply:
(a) 
To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations; or
(b) 
To the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex; or
(c) 
To the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation; or
(d) 
Solely with respect to age and familial status, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons 62 years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons 55 years of age or older, Sec. 807(b) (2) (c) [42 U.S.C. 3607(c) (2)(b) ] of the federal Fair Housing Act of 1988, as amended, shall apply.
C. 
Sale or lease of land or commercial space by owner.
(1) 
It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space:
[Amended 1-4-2017 by Ord. No. 2017-02]
(a) 
To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(b) 
To discriminate against any person because of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith.
(c) 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight; or any intent to make any such limitation, specification or discrimination.
(2) 
With respect to age and familial status, the provisions of Subsection C shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction or location of housing accommodations exclusively for persons 62 years of age or older, or intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons 55 years of age or older, Sec. 807(b) (2) (c) [42 U.S.C. 3607(b) (2)(c)] of the federal Fair Housing Act of 1988, as amended, shall apply.
D. 
Sale or lease of property by realtor.
(1) 
It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof:
[Amended 1-4-2017 by Ord. No. 2017-02]
(a) 
To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socioeconomic status; or weight of such person or persons.
(b) 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight; or any intent to make any such limitation, specification or discrimination.
(2) 
With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any housing accommodation or land to be used for the construction or location of housing accommodations for persons 62 years of age or older, or intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) [42 U.S.C. 3607(c) (2) (b) ] of the federal Fair Housing Act of 1988, as amended, shall apply.
E. 
It shall be an unlawful discriminatory practice for any real estate board, because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board.
[Amended 1-4-2017 by Ord. No. 2017-02]
F. 
It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, convalescent home, or home for adults, or an intermediate-care facility, as defined in § 2 of the Social Services Law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is blind. For purposes of this subsection, a "person who is blind" shall mean a person who is registered as such with the Commission for the Visually Handicapped and who meets the definition of a "blind person" pursuant to § 3 of Chapter 415 of the Laws of 1913, entitled "An Act to Establish a State Commission for Improving the Condition of the Blind of the State of New York, and making an appropriation therefor."
G. 
The provisions of this section, as they relate to age, shall not apply to persons under the age of 18 years.
[Amended 1-4-2017 by Ord. No. 2017-02; 7-5-2017 by L.L. No. 2017-15]
It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members thereof, officers, or body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or bylaw prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire department or fire company therein, based on the actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socioeconomic status; or weight of such individual.
A. 
It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:
(1) 
In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space, to discriminate against any such applicant because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit;
[Amended 1-4-2017 by Ord. No. 2017-02]
(2) 
To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord. No. 2017-02]
(3) 
To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord. No. 2017-02]
(4) 
To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning;
(5) 
To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight;
[Amended 1-4-2017 by Ord. No. 2017-02]
(6) 
To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This subsection shall not apply to any situation where the use of a surname would constitute or result in a criminal act.
B. 
Without limiting the generality of Subsection A, it shall be considered discriminatory if, because of an applicant's or class of applicants' actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight:
[Amended 1-4-2017 by Ord. No. 2017-02]
(1) 
An applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or
(2) 
Special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness.
C. 
Exceptions.
(1) 
It shall not be considered discriminatory if credit differentiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future.
[Amended 1-4-2017 by Ord. No. 2017-02]
(2) 
It shall not be an unlawful discriminatory practice to consider age in determining credit worthiness when age has a demonstrable and statistically sound relationship to a determination of credit worthiness.
D. 
Responsibilities of creditor.
(1) 
If so requested by an applicant for credit, a creditor shall furnish such applicant with a statement of the specific reasons for rejection of the applicant's application for credit.
(2) 
If so requested in writing by an individual who is or was married, a creditor or credit reporting bureau shall maintain in its records a separate credit history for any such individual. Such separate history shall include all obligations as to which such bureau has notice with respect to which any such person is or was individually or jointly liable.
E. 
No provision of this section providing spouses the right to separately apply for credit, borrow money, or have separate credit histories maintained shall limit or foreclose the right of creditors, under any other provision of law, to hold one spouse legally liable for debts incurred by the other.
F. 
Any person claiming to be aggrieved by an unlawful discriminatory practice engaged in by a regulated creditor, in lieu of the procedure set forth in § 297 of the New York Executive Law, may file a verified complaint with the Superintendent of the New York State Banking Department provided, however, that the filing of a complaint with either the Superintendent or the New York State Division of Human Rights shall bar subsequent recourse to any local commission on human rights, with respect to the grievance complained of.
G. 
The provisions of this section, as they relate to age, shall not apply to persons under the age of eighteen years.
A. 
Trading. It shall be an unlawful discriminatory practice:
(1) 
For any person to discriminate against, boycott or blacklist, or to refuse to buy from, sell to or trade with, any person, because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers; or
[Amended 1-4-2017 by Ord. No. 2017-02]
(2) 
For any person willfully to do any act or refrain from doing any act which enables any such person to take such action. This subsection shall not apply to:
(a) 
Boycotts connected with labor disputes; or
(b) 
Boycotts to protest unlawful discriminatory practices.
B. 
It shall be an unlawful discriminatory practice for any person engaged in any activity covered by this section to discriminate against a blind person, a hearing impaired person who has a hearing impairment manifested by a speech discrimination score of 40% percent or less in the better ear with appropriate correction as certified by a licensed audiologist or otolaryngologist as defined in § 789 of the General Business Law or a physician who has examined such person pursuant to the provisions of Article 37-A of such law or a person with a disability on the basis of his or her use of a guide dog, hearing dog, service dog or other animal used for that purpose.
C. 
Convictions. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of good moral character which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of Article 23-A of the correction law.
D. 
Inquiries into previous arrests or criminal proceedings terminated in favor of accused. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in Subdivision 2 of § 160.50 of the Criminal Procedure Law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, however, that the provisions hereof shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in Subsections 33 and 34 of § 1.20 of the Criminal Procedure Law.
E. 
Disability-related modifications to rental housing. It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right of ownership of or possession of or the right to rent or lease housing accommodations:
(1) 
To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York State Uniform Fire Prevention and Building Code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(2) 
To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford said person with a disability equal opportunity to use and enjoy a dwelling.
(3) 
In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct dwellings in accordance with the accessibility requirements for multifamily dwellings found in the New York State Fire Prevention and Building Code to provide that:
(a) 
The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;
(b) 
All the doors are designed in accordance with the New York State Fire Prevention and Building Code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and
(c) 
All premises within covered multifamily dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York State Uniform Fire Prevention and Building Code.
F. 
Genetic testing.
(1) 
Except as provided in Subsection F(2) of this section, it shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, licensing agency, or its employees, agents, or members:
(a) 
To directly or indirectly solicit, require, or administer a genetic test to a person as a condition of employment, preemployment application, labor organization membership, or licensure; or
(b) 
To buy or otherwise acquire the results or interpretation of an individual's genetic test results or to make an agreement with an individual to take a genetic test or provide genetic test results.
(2) 
An employer may require a specified genetic test as a condition of employment where such a test is shown to be directly related to the occupational environment, such that the employee or applicant with a particular genetic anomaly might be at an increased risk of disease as a result of working in said environment.
(3) 
Nothing in this section shall prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(a) 
Pursuant to a workers' compensation claim;
(b) 
Pursuant to civil litigation; or
(c) 
To determine the employee's susceptibility to potentially carcinogenic, toxic, or otherwise hazardous chemicals or substances found in the workplace environment only if the employer does not terminate the employee or take any other action that adversely affects any term, condition or privilege of employment pursuant to the genetic test results.
(4) 
If an employee consents to genetic testing for any of the aforementioned allowable reasons, he or she must be given and sign an authorization of consent form which explicitly states the specific purpose, uses and limitations of the genetic tests and the specific traits or characteristics to be tested.
G. 
Nothing in this article shall prohibit the offer and acceptance of a discount for housing accommodations to a person with a disability, as defined in § 215-2 of this article.
H. 
Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five years of age or older for housing accommodations.
Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained. Provided however, that this exception shall not apply to any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization if the same receives any form of financial assistance from the City of Ithaca.
Notwithstanding the provisions of this article, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the New York State Division of Human Rights, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the Division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population. Any plan approved under this section shall be in writing, and the Division's approval thereof shall be for a limited period and may be rescinded at any time by the Division.
A. 
It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so.
B. 
It shall be an unlawful discriminatory practice for any person engaged in any activity to which this article applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article.
[Amended 9-3-2003 by Ord. No. 2003-16[1] ]
A. 
Any individual or group aggrieved and alleging unlawful discrimination may, in addition to the remedies provided by this article, have a cause of action against the violator for money damages and any other remedy available at law.
B. 
Any individual or group aggrieved and alleging unlawful discrimination may also lodge a complaint with the Tompkins County Human Rights Commission, the New York State Division of Human Rights, the Equal Employment Opportunity Commission, and the United States Department of Housing and Urban Development. The Tompkins County Human Rights Commission will investigate any alleged violation of the provisions of the New York State Human Rights Law.
[1]
Editor's Note: This ordinance also provided for the renumbering of a portion of former § 215-14 as § 215-15.
Any individual who violates any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment for not more than 15 days, or both such fine and imprisonment.