Title 9 Part 466

Regional offices are located throughout the State, the addresses for which may be obtained from the main office of the agency.

The agency shall accept requests for records and produce records during regular business hours, which are 9 a.m. - 5 p.m. on weekdays.

Within 30 business days of a request from a data subject for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the agency shall:

If any provision of this section or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this section or the application thereof to other persons and circumstances.

Pursuant to section 87.3 of the Freedom of Information Law, the division shall maintain and make available to the public an index of records. A copy of said index may be obtained from any office of the division during regular office hours.

Any person may request to inspect and copy any record in the division's custody which is required to be made available. Such request shall be in writing and sent to the division by mail, facsimile or electronic mail. A form is available on the division's website, www.dhr.state.ny.us.

Whenever feasible, records are to be made available for inspection at the division office where the request therefor was made. If the requested record is not located at such office, the request form shall be forwarded to the central office, which shall arrange for inspection. Inspection shall be permitted during regular office hours.

Any person denied access to a requested record may, within 30 days, appeal in writing to the commissioner. The commissioner may decide the appeal himself or herself or refer it to general counsel. If the commissioner or general counsel denies access to the requested record, his/her reasons shall be explained fully in writing within seven business days of the time of the appeal.

The records access officer for the division is the division's freedom of information officer. His/her business address is: One Fordham Plaza, Bronx, New York 10458.

The administrative officer of the division shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the division, as required by section 87.3(b) of the Freedom of Information Law. He/she shall respond to and comply with requests for any such record made pursuant to the Freedom of Information Law. His/her business address is: One Fordham Plaza, Bronx, NY 10458.

For purposes of Executive Law, section 296-a(1)(c), it shall not be considered an expression of limitation, specifications or discrimination on the basis of sex or marital status if:

For purposes of Executive Law, section 296-a(4)(a), a statement of the specific reasons for rejection of an application for credit shall be deemed to be in compliance with this section if it is a clear and meaningful statement of all of the factors which justified rejection.

For purposes of Executive Law, section 296-a(4)(b), a response to a request for a separate credit history, made after July 15, 1974, shall include all obligations, whenever entered into, as to which the creditor or credit reporting bureau then has information in its files. In creating such a separate history, all obligations on which two parties were jointly liable shall be reported as the obligation of each, irrespective of the actual source of payments.

Persons or agencies interested in receiving notice of proposed rule making by the State Division of Human Rights may file with the division a written request that they be notified by mail of any proposed rule making. The request shall specify the address to which notice is to be mailed. Such request must be renewed yearly in December.

The term “reasonable accommodation” means 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.

Pursuant to Executive Law section 297.4(c), where the commissioner finds that a respondent has engaged in any unlawful discriminatory practice, the commissioner shall issue an order which may include, inter alia, the assessment of civil fines and penalties, in an amount not to exceed $50,000, to be paid to the State by a respondent found to have committed an unlawful discriminatory act, or not to exceed $100,000 to be paid to the State by a respondent found to have committed an unlawful discriminatory act which is found to be willful, wanton or malicious, section 297.4(c)(vi). Pursuant to Executive Law section 297.4(e), in cases of employment discrimination where the employer has fewer than 50 employees, such civil fine or penalty may be paid in reasonable installments, with reasonable interest resulting from the delay, and in no case may installments be made over a period longer than three years. Executive Law, section 297.4(e) further requires the division to promulgate regulations regarding installment payments.

Any commissioner's order assessing civil fines and penalties shall be made in accordance with the following:

Any commissioner's order assessing civil fines and penalties, and providing that such civil fines and penalties are payable in installments by an employer of fewer than 50 employees, shall be made in accordance with the following:

Any portion of civil fines and penalties paid within 60 days after the date of the commissioner's order shall not accrue any interest. Interest on any remaining installments may be reduced on all or any portion of an installment by paying in advance of the due dates. Any portion or installment of civil fines and penalties paid after 60 days from the date of the commissioner's order shall accrue interest, from the date of the commissioner's order to the date of payment, at the rate set forth in CPLR section 5004. Any other provision of law, applicable to the employer or the facts of the case, which indicates a different rate of interest is applicable, may be taken into consideration in the discretion of the commissioner.

Pursuant to Executive Law section 295.5, it is a power and a duty of the division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the Executive Law, article 15 (Human Rights Law).

transgender person is an individual who has a gender identity or expression different from the sex assigned to that individual at birth.

sex when used in the Human Rights Law includes gender identity or expression and the status of being transgender.

disability as defined in Human Rights Law section 292.21, means:

disability when used in the Human Rights Law includes gender dysphoria or other condition meeting the definition of disability in the Human Rights Law set out above.

Pursuant to Executive Law section 295.5, it is a power and a duty of the division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the Executive Law, article 15 (Human Rights Law).

Pursuant to N.Y. Executive Law section 295.5, it is a power and a duty of the division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the N.Y. Executive Law, article 15 (Human Rights Law) and pursuant to New York Executive Law section 170-d, the New York State Division of Human Rights “shall promulgate regulations requiring every housing provider … to provide notice to all tenants and prospective tenants … of their rights to request reasonable modifications and accommodations” as such rights are provided for in Human Rights Law sections 296.2-a(d) and 296.18.

Executive Law section 170-d was effective March 2, 2021, pursuant to the Laws of 2021, chapter 82, section 4, by reference to the Laws of 2020, chapter 311.

The following shall be deemed sufficient notice when provided to the individual to be notified.

NOTICE DISCLOSING TENANTS' RIGHTS TO REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

Reasonable Accommodations

The New York State Human Rights Law requires housing providers to make reasonable accommodations or modifications to a building or living space to meet the needs of people with disabilities. For example, if you have a physical, mental, or medical impairment, you can ask your housing provider to make the common areas of your building accessible, or to change certain policies to meet your needs.

To request a reasonable accommodation, you should contact your property manager by calling ________________ or ________________, or by e-mailing ________________^*. You will need to inform your housing provider that you have a disability or health problem that interferes with your use of housing, and that your request for accommodation may be necessary to provide you equal access and opportunity to use and enjoy your housing or the amenities and services normally offered by your housing provider. A housing provider may request medical information, when necessary to support that there is a covered disability and that the need for the accommodation is disability related.

If you believe that you have been denied a reasonable accommodation for your disability, or that you were denied housing or retaliated against because you requested a reasonable accommodation, you can file a complaint with the New York State Division of Human Rights as described at the end of this notice.

Specifically, if you have a physical, mental, or medical impairment, you can request:^†

Permission to change the interior of your housing unit to make it accessible (however, you are required to pay for these modifications, and in the case of a rental your housing provider may require that you restore the unit to its original condition when you move out);

Changes to your housing provider’s rules, policies, practices, or services;

Changes to common areas of the building so you have an equal opportunity to use the building. The New York State Human Rights Law requires housing providers to pay for reasonable modifications to common use areas.

Examples of reasonable modifications and accommodations that may be requested under the New York State Human Rights Law include:

If you have a mobility impairment, your housing provider may be required to provide you with a ramp or other reasonable means to permit you to enter and exit the building.

If your healthcare provider provides documentation that having an animal will assist with your disability, you should be permitted to have the animal in your home despite a “no pet” rule.

If you need grab bars in your bathroom, you can request permission to install them at your own expense. If your housing was built for first occupancy after March 13, 1991 and the walls need to be reinforced for grab bars, your housing provider must pay for that to be done.

If you have an impairment that requires a parking space close to your unit, you can request your housing provider to provide you with that parking space, or place you at the top of a waiting list if no adjacent spot is available.

If you have a visual impairment and require printed notices in an alternative format such as large print font, or need notices to be made available to you electronically, you can request that accommodation from your landlord.

Required Accessibility Standards

All buildings constructed for use after March 13, 1991, are required to meet the following standards:

Public and common areas must be readily accessible to and usable by persons with disabilities;

All doors must be sufficiently wide to allow passage by persons in wheelchairs; and

All multi-family buildings must contain accessible passageways, fixtures, outlets, thermostats, bathrooms, and kitchens.

If you believe that your building does not meet the required accessibility standards, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint

A complaint must be filed with the division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. You can find more information on your rights, and on the procedures for filing a complaint, by going to www.dhr.ny.gov, or by calling 1-888-392-3644. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a division regional office. The regional offices are listed on the website.