Section 8-201
§ 8-201 Declaration of policy. It is hereby declared to be the policy
of the city of New York and the purpose of this chapter to promote fair
dealing in real estate transactions, to maintain community stability and
security, and to foster racial and social harmony.
Section 8-202
§ 8-202 Definitions. As used in this chapter:
1. "Chairperson" means the chairperson of the New York city commission
on human rights.
2. "Commission" means the New York city commission on human rights.
3. "Dwelling or real property" means one, two, three or four family
residences, and any vacant land which is offered for sale or lease for
the construction or location thereon of any such residence.
4. "Legal notice" means publication daily for one week in a newspaper
of general circulation within the city of New York and written notice to
all real estate brokers in the area.
5. "Real estate broker" means a real estate broker as defined in
article twelve-A of the real property law of the state of New York.
6. "Real estate dealer" means any firm, partnership, association,
corporation or person which or who has within the preceding twelve
months, sold, traded or exchanged two or more dwellings other than, in
the case of a person, such person's own residence.
7. "Real estate office" means an office or other place of business
which is primarily engaged in the business of selling, buying, leasing,
or renting real property; listing real property for sale, purchase,
lease or rental; or providing brokerage services in connection with such
selling, buying, leasing, renting, or listing.
8. "Solicitation" means requesting, inviting, or inducing by any
means, including, but not limited to:
(a) going in or upon the property of the person to be solicited,
except when invited by such person;
(b) communicating with the person to be solicited by mail, telephone,
telegraph or messenger service, except when requested by such person;
(c) canvassing in streets or other public places;
(d) distributing handbills, circulars, cards or other advertising
matter;
(e) using loudspeakers, soundtrucks, or other voice-amplifying
equipment;
(f) displaying signs, posters, billboards, or other advertising
devices other than signs placed upon a real estate office for the
purpose of identifying the occupants and services provided therein,
provided, however, that the term "solicitation" shall not include
advertising in newspapers of general circulation, magazines, radio,
television, or telephone directories.
9. "Block, neighborhood or area" means any forty square blocks within
the city of New York.
Section 8-203
§ 8-203 Unlawful real estate practices. 1. It shall be unlawful for
any real estate broker or dealer or any agent or employee of a real
estate broker or dealer, except in honest reply to an unprompted
question by a prospective buyer or seller:
(a) to represent, for the purpose of inducing or discouraging the
purchase, sale, or rental, or the listing for purchase, sale, or rental,
of any real property, that a change has occurred or will or may occur in
the racial or religious composition of any block, neighborhood, or area.
(b) to represent, implicitly or explicitly, for the purpose of
inducing or discouraging the purchase, sale, or rental or the listing
for purchase, sale, or rental of any real property, that the presence of
persons of any particular race, religion or ethnic background in an area
will or may result in:
(1) a lowering of property values in the area;
(2) change in the racial, religious or ethnic composition of the area;
(3) an increase in criminal or anti-social behavior in the area; or
(4) a change in the racial, religious or ethnic composition of schools
or other public facilities or services in the area.
2. It shall be unlawful for any real estate broker or dealer or any
agent or employee of a real estate broker or dealer:
(a) to make any misrepresentation in connection with the purchase,
sale, or rental of any real property, that there will or may be physical
deterioration of dwellings in any block, neighborhood or area.
(b) to refer to race, color, religion or ethnic background in any
advertisement offering or seeking real property for purchase, sale or
rental.
3. It shall be unlawful for any person, firm, partnership,
association, or corporation, to knowingly aid, abet, or coerce the
commission of any act made unlawful by subdivisions one and two of this
section.
Section 8-204
§ 8-204 Non-solicitation areas. 1. The commission may designate an
area as a non-solicitation area for a period of up to one year upon
making written findings based on substantial evidence introduced at a
public hearing that:
(a) practices made unlawful by section 8-203 of this chapter, the
inducement or encouragement by brokers or dealers of the use of
fraudulent mortgage applications for the purchase of dwellings, or the
direction based on race, creed, color or national origin by brokers or
dealers of prospective purchasers or applicants to dwellings, or an
unusually great incidence of solicitation are consistently occurring
within the area, and that
(b) such practices are causing, or are likely to cause, residents
within the area to believe that:
(1) property values in the area are declining, or about to decline
rapidly; or
(2) the area is experiencing, or is about to experience:
(i) a declining level of maintenance of its housing stock; or
(ii) an increase in criminal behavior; or
(iii) a change in the racial, religious or ethnic composition of the
schools in the area; or
(3) the area is experiencing, or is about to experience, a material
change in its racial, religious or ethnic composition; and
(c) therefore, the temporary prohibition in the area of the real
estate activities described in section 8-205 of this chapter is
necessary to prevent a material change in the area's racial, religious
or ethnic composition.
2. The commission may extend one or more times the designation of a
non-solicitation area made pursuant to subdivision one of this section
for a period of up to one year upon making written findings, based on
substantial evidence introduced at a public hearing, that such extension
is necessary to achieve the designation's purpose, as described in
paragraph (c) of subdivision one of this section, provided, however,
that no extension may be granted which, together with the original
designation and all previous extensions, will maintain a
non-solicitation area for a continuous period greater than two years.
The public hearing on any extension shall be held not more than thirty
days before the day on which the designation or earlier extension is
scheduled to expire.
3. (a) The commission shall promptly announce by legal notice each
designation made pursuant to subdivision one of this section and each
extension made pursuant to subdivision two of this section, describing
the area to which it applies by references to named streets and
landmarks. Any designation shall take effect upon the completion of the
publication required for legal notice. Any extension shall take effect
at the time at which the designation or earlier extension would
otherwise expire.
(b) The commission shall maintain, and make available to all
interested persons, a current listing of designated non-solicitation
areas.
4. The commission may, at any time, terminate the designation of a
non-solicitation area made pursuant to subdivision one of this section
or the extension of a designation made pursuant to subdivision two of
this section upon making findings, based on substantial evidence
introduced at a public hearing, that the continuation of the designation
or its extension is no longer necessary to achieve the designation's
purpose, as described in this section.
Section 8-205
§ 8-205 Activities prohibited with respect to non-solicitation areas.
It shall be unlawful for any real estate broker or dealer or any agent
or employee of a real estate broker or dealer to solicit, directly or
indirectly, the sale, purchase, or rental of any dwelling located within
a non-solicitation area.
Section 8-206
§ 8-206 Hearings; rules; enforcement. 1. The commission may conduct
investigations, studies, and hearings concerning practices and
activities governed by this chapter. In conducting hearings, the
commission shall have the power to subpoena witnesses, to compel their
attendance, to administer oaths, to examine witnesses under oath, and to
require the production of documents. A written record shall be made of
every such hearing.
2. The commission shall have the authority from time to time to make,
amend, and rescind such rules and regulations as may be necessary to
carry out the provisions of this chapter.
3. The chairperson or his or her designated representative shall have
the power to enforce the provisions of this chapter by signing criminal
complaints against any person, firm, partnership, association, or
corporation for violation of this chapter.
4. The chairperson shall report to the secretary of state of New York
all violations of this chapter by real estate brokers and salespersons.
Section 8-207
§ 8-207 Violations. Any person, firm, partnership, association, or
corporation convicted of violating this chapter shall be guilty of a
class A misdemeanor.
Section 8-208
§ 8-208 Civil remedies. 1. (a) Any owner of real property who is
induced to sell his or her property through or to a real estate broker
or real estate dealer by acts committed by such broker or dealer in
violation of section 8-203 or section 8-205 of this chapter may
institute a civil action against such broker or dealer.
(b) If, in an action instituted pursuant to this subdivision, judgment
is rendered in favor of plaintiff, such plaintiff shall be awarded as
damages
(i) the amount of any gains, whether in the form of profits,
commission, or otherwise, realized by defendant as the result of the
first subsequent arm's length sale, exchange, or transfer of the
property, or, if defendant acted as a broker, the amount of any
commissions received by defendant through the sale, exchange, or
transfer of plaintiff's property, such gains in all cases to be
calculated without regard to any expenses incurred by the defendant, and
may in addition be awarded reasonable attorneys' fees and court costs;
or
(ii) if the defendant has not realized any gains as defined in this
subdivision, an amount equal to the difference between the price for
which plaintiff sold his or her property and the fair market value at
the time of the sale, or the fair market value of the property at the
time the action is commenced, whichever difference is greater, and may
in addition be awarded reasonable attorneys' fees and court costs.
2. (a) Any buyer, through or from a real estate broker or real estate
dealer, of real property the last owner of which, excluding such broker
or dealer, was induced to sell, exchange or transfer his or her property
by acts committed by such broker or dealer in violation of section 8-203
or section 8-205 of this chapter may institute a civil action against
such broker or dealer.
(b) If, in an action instituted pursuant to paragraph (a) of this
subdivision, judgment is rendered in favor of plaintiff, the plaintiff
shall be awarded as damages the amount of any gains, whether in the form
of profits, commission, or otherwise, realized by defendant as the
result of such plaintiff's purchase of the property, such gains in all
cases to be calculated without regard to any expenses incurred by the
defendant, and may in addition be awarded reasonable attorneys' fees and
court costs.
3. With respect to the sale, exchange or transfer of any property, the
liability of a broker or dealer created by subdivision two of this
section shall be independent of and additional to the liability of such
broker or dealer created by subdivision one of this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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