§ 227-d. Discrimination based on domestic violence status; prohibited.
1. Definitions. For the purposes of this section, a person is a
"domestic violence victim" and possesses "domestic violence victim
status" if such person is or has been, or is a parent accompanied by a
minor child or children who is or has been, in a situation in which such
person or child is a victim of an act that would constitute a violent
felony offense as enumerated in section 70.02 of the penal law, or a
family offense as enumerated in subdivision one of section eight hundred
twelve of the family court act, and such act is alleged to have been
committed by a member of the same family or household, as defined in
subdivision one of section eight hundred twelve of the family court act.

2. Discrimination based on domestic violence victim status prohibited.
(a) No person, firm or corporation owning or managing any building used
for dwelling purposes, or the agent of such person, firm or corporation,
shall, because of such person's or family member's domestic violence
victim status, (1) refuse to rent a residential unit to any person or
family, when, but for such status, rental would not have been refused,
(2) discriminate in the terms, conditions, or privileges of any such
rental, when, but for such status, such discrimination would not have
occurred, or (3) print or circulate, or cause to be printed or
circulated, any statement, advertisement or publication which expresses,
directly or indirectly, any limitation, specification, or
discrimination. A violation of this subdivision shall be a misdemeanor
and, on conviction thereof, shall be punished by a fine of not less than
one thousand dollars and not more than two thousand dollars for each
offense; provided, however, that it shall be a defense that such person,
firm, corporation or agent refused to rent a residential unit on any
other lawful ground.

(b) (1) Where discriminatory conduct prohibited by this subdivision
has occurred, such person or family shall have a cause of action in any
court of appropriate jurisdiction for compensatory and punitive damages,
with such punitive damages not exceeding two thousand dollars for each
offense, and declaratory and injunctive relief; and (2) in all actions
brought under this section, reasonable attorneys' fees as determined by
the court may be awarded to a prevailing party, provided, however, that
a prevailing defendant in order to recover such reasonable attorneys'
fees must make a motion requesting such fees and show that the action or
proceeding brought was frivolous. In order to find the action or
proceeding to be frivolous, the court must find one or more of the
following: (i) the action was commenced, used or continued in bad faith,
solely to delay or prolong the resolution of the litigation or to harass
or maliciously injure another; or (ii) the action was commenced or
continued in bad faith without any reasonable basis and could not be
supported by a good faith argument for an extension, modification or
reversal of existing law. If the action or proceeding was promptly
discontinued when the party or attorney learned or should have learned
that the action or proceeding lacked such a reasonable basis, the court
may find that the party or the attorney did not act in bad faith.

(c) Nothing in this section shall be construed as limiting the ability
of a person, firm or corporation owning or managing a building used for
dwelling purposes, or the agent of such person, firm or corporation,
from applying reasonable standards not based on or derived from domestic
violence victim status in determining the eligibility of a person or
family seeking to rent a residential unit.

(d) This section shall not apply to buildings used for dwelling
purposes that are owner occupied and have two or fewer residential
units.

3. A person, firm, or corporation owning or managing a building used
for dwelling purposes or agent of such person, firm or corporation shall
not be civilly liable to other tenants, guests, invitees, or licensees
arising from reasonable and good faith efforts to comply with this
section.

4. Nothing in this section shall be construed as prohibiting a person,
firm or corporation owning or managing a building used for dwelling
purposes, or the agent of such person, firm or corporation, from:

(a) providing or preserving a rental preference in any public or
private housing for victims of domestic violence;

(b) providing any other assistance to victims of domestic violence in
obtaining or retaining any public or private housing; or

(c) responding to an inquiry or request by an applicant, tenant, or
leaseholder who is a victim of domestic violence.

5. Nothing in this section shall be construed as prohibiting a
municipality from retaining or promulgating local laws or ordinances
imposing additional or enhanced protections prohibiting discrimination
against victims of domestic violence.

6. Nothing in this section shall be construed as limiting,
diminishing, or otherwise affecting any rights under existing law.