§ 528-6. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AGENT

Any person or entity, whether or not for financial consideration, with the authority to engage in any act on behalf of an employer or property owner, or other person or entity in control of such accommodation. The term "agent" shall include, but not be limited to, a real estate salesperson or real estate broker.

ALIENAGE OR CITIZENSHIP

A. 

The citizenship of any individual; or

B. 

The immigration status of any individual legally eligible to be employed within the United States and who is not a citizen or national thereof.

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.

COMMISSION

The Suffolk County Human Rights Commission.

COUNTY

The County of Suffolk.

COVERED ENTITY

A person required to comply with any provision of this article.

CREDIT

The right conferred upon an individual 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 who or which does business in this state and who or 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, whatever the form of their organization.

DEMONSTRATES

Meeting the burdens of production and persuasion.

DISABILITY

A. 

Physical, medical or mental impairment.

(1) 

A physical, mental, or medical impairment resulting from an anatomical, physiological, genetic or neurological condition which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or

(2) 

A record of such an impairment.

B. 

In the case of alcoholism, drug addiction or other substance abuse, the term "disability" shall only apply to an individual who:

(1) 

Is recovering or has recovered and

(2) 

Currently is free of such abuse, and shall not include an individual who is currently engaged in the illegal use of drugs, when the covered entity acts on the basis of such use.

DOMESTIC WORKER

As defined in § 2 of the New York State Labor Law, as same may be amended from time to time.

EMPLOYEE

Shall not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person, except as set forth in § 528-11.

EMPLOYER

As defined in § 292 of the New York Executive Law, as same may be amended from time to time.

EMPLOYMENT AGENCY

Any person undertaking to procure employees or opportunities to work.

ESSENTIAL FUNCTIONS

The fundamental job duties of employment position held. The term "essential functions" does not include the marginal functions of the position. A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:

A. 

The reason the position exists is to perform that function;

B. 

The limited number of employees available among whom the performance of that job function can be distributed; and

C. 

The function is highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

FAMILIAL STATUS

A. 

Any individual 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 18 years) being domiciled with:

(1) 

A parent or another individual having legal custody of such individual or individuals; or

(2) 

The designee of such parent or other individual having custody.

GENDER

Actual or perceived sex of an individual, or an individual's gender identity, self-image, appearance, behavior or expression, whether or not it is different from that traditionally associated with the legal sex assigned to that individual at birth.

GROUP IDENTITY

The actual or perceived race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, or familial status of any individual, as well as the actual military status of any individual.

GUIDE DOG

Any dog that is trained to aid an individual who is blind by a recognized guide dog training center or professional guide dog trainer, and is actually used for such purpose.

HEARING DOG

Any dog that is trained to aid an individual with a hearing impairment by a recognized hearing dog training center or professional hearing dog trainer, and is actually used for such purpose.

HOUSING ACCOMMODATION

Includes publicly assisted housing accommodations, 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, and any vacant land offered for sale or lease for the construction or location thereon of any such buildings, structure, or portion thereof.

LABOR ORGANIZATION

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 mutual aid or protection in connection with employment.

LAWFUL SOURCE OF INCOME

Includes, but is not limited to, income derived from social security, or any form of federal, state or local public assistance or housing assistance, including the Housing Choice Voucher Program.

MILITARY STATUS

An individual's participation in the military service of the United States or the military service of the state, including, but not limited to, the armed forces of the United States, the Army National Guard, the Air National Guard, the New York Naval Militia, the New York Guard, and such additional forces as may be created by the federal or state government as authorized by law.

MULTIPLE DWELLING

Includes a dwelling which is occupied primarily for permanent residence purposes and which is either rented, leased, let or hired out to be occupied as the residence or home of three or more families living independently of each other. A multiple dwelling shall not be deemed to include a hospital, convent, monastery, asylum, or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term "family," as used herein, means either an individual occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more individuals occupying a dwelling, living together and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more individuals occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder," "roomer" or "lodger" residing with a family means an individual living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein.

NATIONAL ORIGIN

Includes "ancestry."

PERSON

Includes one or more natural persons, proprietorships, limited-liability companies, partnerships, associations, group associations, organizations, corporations of all types, governmental bodies or agencies, mutual companies, joint-stock companies, trusts, unincorporated associations, legal representatives, trustees, trustees in bankruptcy, fiduciary receivers, or receivers.

PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT

Except as hereinafter specified, includes providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages and privileges of any kind, and places, whether licensed or unlicensed, where goods, services, facilities, accommodations, advantages and privileges of any kind are extended, offered, sold, consumed or otherwise made available to the public.

A. 

Such term shall not include public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, professional schools, extension courses, and any educational institutions under the supervision of the regents of the State of New York; any public library, kindergarten, primary and secondary school, high school, academy, college, university, professional school, extension course or other educational facility supported in whole or in part by public funds or contributions solicited from the general public; any club or organization which by its nature is distinctly private, but no such club or organization shall be considered by its nature distinctly private if:

(1) 

It has more than 100 members;

(2) 

It provides regular meal service; and

(3) 

It regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business.

B. 

A corporation incorporated under the New York Benevolent Orders Law or described in the New York Benevolent Orders Law, but formed under any other law of this state, or a religious corporation incorporated under the New York Education Law or the New York 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 New York State championship contest or uses the words "New York State" in its announcements shall be considered by its nature distinctly private within the meaning of this article.

PREGNANCY-RELATED CONDITION

A physical or mental condition intrinsic to pregnancy or childbirth, and includes the expression of breast milk by nursing mothers.

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

Includes overtime pay and compensatory time off, and additional remuneration for night, weekend or holiday work, or for standby or irregular duty.

PUBLICLY ASSISTED HOUSING ACCOMMODATIONS

All housing accommodations within Suffolk County in:

A. 

Publicly owned or operated housing accommodations;

B. 

Housing operated by housing companies under the supervision of the State Commissioner of Housing;

C. 

Housing constructed after July 1, 1950, within Suffolk County and which is either:

(1) 

Exempt in whole or in part from taxes levied by the state or any of its political subdivisions;

(2) 

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) 

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) 

Acquired, constructed, repaired or maintained with funds or financial assistance furnished or contributed by the state, any political subdivision of the state, or any agency or authority of the state.

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 guarantee or insurance; and

E. 

Housing which is offered for sale by a person who owns or otherwise controls the sale of 10 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 guarantee 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 who, or firm which, 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 to attempt 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 connection with the sale of lots pursuant to the provisions of Article 9-A of the New York Real Property Law, the term "real estate broker" shall also include any person or firm 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 or which 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

An individual employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, 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 on behalf of such real estate broker.

REASONABLE ACCOMMODATION

Actions taken which permit an employee, prospective employee or labor organization member (A) with a disability; or (B) with a pregnancy-related condition to perform in a reasonable manner the essential functions 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 individuals with impaired hearing or vision, job restructuring and modified work schedules, or some form of protection or security measure; 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.

SERVICE DOG

Any dog that is trained to work or perform specific tasks for the benefit of an individual with a disability by a recognized service dog training center or professional service dog trainer, and is actually used for such purpose.

SEXUAL ORIENTATION

Heterosexuality, homosexuality or bisexuality.

VETERAN STATUS

An individual's past participation in the military service of the United States or the military services of the state, including, but not limited to, the armed forces of the United States, the Army National Guard, the Air National Guard, the New York Naval Militia, the New York Guard, and such additional forces as may be created by the federal or state government as authorized by law, with a discharge status other than dishonorable.

VICTIM OF DOMESTIC VIOLENCE

An individual who is a victim of an act which would constitute a family offense pursuant to Subdivision 1 of § 812 of the Family Court Act.

Added 12-2-2014 by L.L. No. 3-2015