New York § 237-A - 237-ADiscrimination against children in dwelling houses and manufactured home parks

§ 237-A. 237-ADiscrimination against children in dwelling houses and manufactured home parks

§ 237-a. Discrimination against children in dwelling houses and manufactured home parks. a. Any person, firm or corporation owning or having in charge any apartment house, tenement house or other building or manufactured home park used for dwelling purposes who shall refuse to rent any or part of any such building or manufactured home park to any person or family, or who discriminates in the terms, conditions, or privileges of any such rental, solely on the ground that such person or family has or have a child or children shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars for each offense; provided, however, the prohibition against discrimination against children in dwelling houses and manufactured home parks contained in this section shall not apply to: (1) housing units for senior citizens subsidized, insured, or guaranteed by the federal government; or (2) one or two family owner occupied dwelling houses or manufactured homes; or (3) manufactured home parks intended and operated for occupancy by persons fifty-five years of age or older. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the federal Fair Housing Act of 1988, as amended, shall apply. b. Civil liability: (1) where discriminatory conduct prohibited by this section has occurred, an aggrieved individual shall have a cause of action in any court of appropriate jurisdiction for damages, declaratory and injunctive relief; (2) in all actions brought under this section, reasonable attorney's fees as determined by the court may be awarded to a prevailing plaintiff.