Legislation
SECTION 298-A
Application of article to certain acts committed outside the state of New York
Executive (EXC) CHAPTER 18, ARTICLE 15
§ 298-a. Application of article to certain acts committed outside the
state of New York. 1. The provisions of this article shall apply as
hereinafter provided to an act committed outside this state against a
resident of this state or against a corporation organized under the laws
of this state or authorized to do business in this state, if such act
would constitute an unlawful discriminatory practice if committed within
this state.
2. If a resident person or domestic corporation violates any provision
of this article by virtue of the provisions of this section, this
article shall apply to such person or corporation in the same manner and
to the same extent as such provisions would have applied had such act
been committed within this state except that the penal provisions of
such article shall not be applicable.
3. If a non-resident person or foreign corporation violates any
provision of this article by virtue of the provisions of this section,
such person or corporation shall be prohibited from transacting any
business within this state. Except as otherwise provided in this
subdivision, the provisions of section two hundred ninety-seven of this
article governing the procedure for determining and processing unlawful
discriminatory practices shall apply to violations defined by this
subdivision insofar as such provisions are or can be made applicable. If
the division of human rights has reason to believe that a non-resident
person or foreign corporation has committed or is about to commit
outside of this state an act which if committed within this state would
constitute an unlawful discriminatory practice and that such act is in
violation of any provision of this article by virtue of the provisions
of this section, it shall serve a copy of the complaint upon such person
or corporation by personal service either within or without the state or
by registered mail, return receipt requested, directed to such person or
corporation at his or her or its last known place of residence or
business, together with a notice requiring such person or corporation to
appear at a hearing, specifying the time and place thereof, and to show
cause why a cease and desist order should not be issued against such
person or corporation. If such person or corporation shall fail to
appear at such hearing or does not show sufficient cause why such order
should not be issued, the division shall cause to be issued and served
upon such person or corporation an order to cease or desist from the act
or acts complained of. Failure to comply with any such order shall be
followed by the issuance by the division of an order prohibiting such
person or corporation from transacting any business within this state. A
person or corporation who or which transacts business in this state in
violation of any such order is guilty of a class A misdemeanor. Any
order issued pursuant to this subdivision may be vacated by the division
upon satisfactory proof of compliance with such order. All orders issued
pursuant to this subdivision shall be subject to judicial review in the
manner prescribed by article seventy-eight of the civil practice law and
rules.
state of New York. 1. The provisions of this article shall apply as
hereinafter provided to an act committed outside this state against a
resident of this state or against a corporation organized under the laws
of this state or authorized to do business in this state, if such act
would constitute an unlawful discriminatory practice if committed within
this state.
2. If a resident person or domestic corporation violates any provision
of this article by virtue of the provisions of this section, this
article shall apply to such person or corporation in the same manner and
to the same extent as such provisions would have applied had such act
been committed within this state except that the penal provisions of
such article shall not be applicable.
3. If a non-resident person or foreign corporation violates any
provision of this article by virtue of the provisions of this section,
such person or corporation shall be prohibited from transacting any
business within this state. Except as otherwise provided in this
subdivision, the provisions of section two hundred ninety-seven of this
article governing the procedure for determining and processing unlawful
discriminatory practices shall apply to violations defined by this
subdivision insofar as such provisions are or can be made applicable. If
the division of human rights has reason to believe that a non-resident
person or foreign corporation has committed or is about to commit
outside of this state an act which if committed within this state would
constitute an unlawful discriminatory practice and that such act is in
violation of any provision of this article by virtue of the provisions
of this section, it shall serve a copy of the complaint upon such person
or corporation by personal service either within or without the state or
by registered mail, return receipt requested, directed to such person or
corporation at his or her or its last known place of residence or
business, together with a notice requiring such person or corporation to
appear at a hearing, specifying the time and place thereof, and to show
cause why a cease and desist order should not be issued against such
person or corporation. If such person or corporation shall fail to
appear at such hearing or does not show sufficient cause why such order
should not be issued, the division shall cause to be issued and served
upon such person or corporation an order to cease or desist from the act
or acts complained of. Failure to comply with any such order shall be
followed by the issuance by the division of an order prohibiting such
person or corporation from transacting any business within this state. A
person or corporation who or which transacts business in this state in
violation of any such order is guilty of a class A misdemeanor. Any
order issued pursuant to this subdivision may be vacated by the division
upon satisfactory proof of compliance with such order. All orders issued
pursuant to this subdivision shall be subject to judicial review in the
manner prescribed by article seventy-eight of the civil practice law and
rules.