Fair Housing - John Bradbury - John P. Bradbury

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Law Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWAmericans withDisabilities Act of 1992 The Americans with Disabilities Act of 1992 (ADA), afederal antidiscrimination law, was enacted primarily toprotect disabled persons from discrimina-tion in publicaccommodations and commercial facilities. It alsoprovides protection from discrimination and mandateseasy access in new multifamily housing with four ormore units.Americans withDisabilities Act of 1992 In the event a tenant wishes to make alterations at hisor her own expense to make an existing dwelling unitmore accessible, the tenant may do so. The landlordmay require that the tenant restore the premises, asnecessary, to their original state when vacating.Law Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWNEW YORK HUMANRIGHTS LAWNEW YORK HUMANRIGHTS LAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWNEW YORK HUMANRIGHTS LAW Protected classes under the New York Executive Lawfor Fair Housing cover race, creed, color, nationalorigin, sex, disability, age, sexual orientation, mili-tarystatus, and marital status (some exceptions).NEW YORK HUMANRIGHTS LAW Blockbusting, forbidden under federal statutes, isspecifically mentioned in the New York Human RightsLaw (Article 15, Executive Law) and also is pro-hibitedby a New York Department of State (DOS) regulation.The DOS has, in the past, responded to complaints bythe public by issuing cease and desist orders thatprohibit canvassing for listings to certain homeowners.
Law Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWNEW YORK HUMANRIGHTS LAW A person charging discrimination may initiate a privatelawsuit (with no dollar limit mentioned under state law)and also lodge a complaint with the DOS if the offenderis licensed. A complaint also may be filed with the NewYork State Division of Human Rights within a one-yearperiod.NEW YORK HUMANRIGHTS LAW Under sections of the Executive Law, New Yorkstatutes broaden the nondis-crimination rules to covercommercial real estate. They also add several othercategories in which discrimination is prohibited,including age, sexual orienta-tion, military status, andmarital status. The age provisions apply only to those18 and older.Law Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWNEW YORK HUMANRIGHTS LAW The Real Property Law forbids denial of rental housingbecause of children or an eviction because of atenant's pregnancy or new child. The rules extend tomobile homes.NEW YORK HUMANRIGHTS LAWVarious exceptions are made to the New York State rules, butthese exceptions will not apply where the discrimination isracially based, because the federal Civil Rights Act of 1866,which covers race, permits no exceptions. With that in mind,New York State excepts public housing that may be aimed at one specific age group; restriction of all rooms rented to members of the same sex; rental of a room in one's own home; and restriction of rentals to persons 55 years of age or older.Law Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of John P. Bradbury PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWNEW YORK HUMANRIGHTS LAW Although an owner sometimes may discriminate underthese exemptions, a licensee may not participate in thetransaction, either through ownership or employment.In general the New York statutes cover renting, selling,leasing, and, advertising. Public accommodations alsoare included.NEW YORK HUMANRIGHTS LAW The law further forbids any real estate board todiscriminate in its membership because of any of thelisted categories, which in this case include age. NewYork regulations are generally more restrictive thanfederal laws.
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