New York City Council Header
File #: Int 0814-2015    Version: Name: Construction of the New York city human rights law.
Type: Introduction Status: Enacted
Committee: Committee on Civil Rights
On agenda: 6/10/2015
Enactment date: 3/28/2016 Law number: 2016/035
Title: A Local Law to amend the administrative code of the city of New York, in relation to construction of the New York city human rights law
Sponsors: Brad S. Lander, Corey D. Johnson, Helen K. Rosenthal, Rory I. Lancman, Deborah L. Rose, Ben Kallos
Council Member Sponsors: 6
Summary: The 2005 Restoration Act provided that the New York City Human Rights Law is to be interpreted liberally and independently of similar federal or state provisions. This bill would recognize certain court cases that have given the Human Rights Law an independent construction as required by the Restoration Act. The bill also would require that exemptions and exceptions from the general provisions of the Human Rights Law be construed narrowly in order to maximize deterrence of discriminatory conduct.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 814-A, 3. Summary of Int. No. 814, 4. Int. No. 814 - 6/10/15, 5. June 10, 2015 - Stated Meeting Agenda with Links to Files, 6. Committee Report 12/9/15, 7. Hearing Testimony 12/9/15, 8. Hearing Transcript 12/9/15, 9. Committee Report 3/8/16, 10. Hearing Transcript 3/8/16, 11. March 9, 2016 - Stated Meeting Agenda with Links to Files, 12. Int. No. 814-A - FINAL, 13. Fiscal Impact Statement, 14. Hearing Transcript - Stated Meeting 3-9-16, 15. Mayor's Letter, 16. Minutes of the Stated Meeting - March 9, 2016, 17. Local Law 35
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/29/2016ABrad S. Lander City Council Recved from Mayor by Council  Action details Meeting details Not available
3/28/2016ABrad S. Lander Mayor Signed Into Law by Mayor  Action details Meeting details Not available
3/28/2016ABrad S. Lander Mayor Hearing Held by Mayor  Action details Meeting details Not available
3/9/2016ABrad S. Lander City Council Sent to Mayor by Council  Action details Meeting details Not available
3/9/2016ABrad S. Lander City Council Approved by CouncilPass Action details Meeting details Not available
3/8/2016*Brad S. Lander Committee on Civil Rights Hearing Held by Committee  Action details Meeting details Not available
3/8/2016*Brad S. Lander Committee on Civil Rights Amendment Proposed by Comm  Action details Meeting details Not available
3/8/2016*Brad S. Lander Committee on Civil Rights Amended by Committee  Action details Meeting details Not available
3/8/2016ABrad S. Lander Committee on Civil Rights Approved by CommitteePass Action details Meeting details Not available
12/9/2015*Brad S. Lander Committee on Civil Rights Hearing Held by Committee  Action details Meeting details Not available
12/9/2015*Brad S. Lander Committee on Civil Rights Laid Over by Committee  Action details Meeting details Not available
6/10/2015*Brad S. Lander City Council Referred to Comm by Council  Action details Meeting details Not available
6/10/2015*Brad S. Lander City Council Introduced by Council  Action details Meeting details Not available

Int. No. 814-A

 

By Council Members Lander, Johnson, Rosenthal, Lancman, Rose and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to construction of the New York city human rights law

 

Be it enacted by the Council as follows:

 

Section 1. Legislative findings and intent. Following the passage of local law number 85 for the year 2005, known as the Local Civil Rights Restoration Act, some judicial decisions have correctly understood and analyzed the requirement of section 8-130 of the administrative code of the city of New York that all provisions of the New York city human rights law be liberally and independently construed. The purpose of this local law is to provide additional guidance for the development of an independent body of jurisprudence for the New York city human rights law that is maximally protective of civil rights in all circumstances.

§ 2. Section 8-130 of the administrative code of the city of New York, as amended by local law number 85 for the year 2005, is amended to read as follows:

§ 8-130 Construction. a. The provisions of this title shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof, regardless of whether federal or New York [State] state civil and human rights laws, including those laws with provisions [comparably-worded] worded comparably to provisions of this title, have been so construed.

b. Exceptions to and exemptions from the provisions of this title shall be construed narrowly in order to maximize deterrence of discriminatory conduct.

c. Cases that have correctly understood and analyzed the liberal construction requirement of subdivision a of this section and that have developed legal doctrines accordingly that reflect the broad and remedial purposes of this title include Albunio v. City of New York, 16 N.Y.3d 472 (2011), Bennett v. Health Management Systems, Inc., 92 A.D.3d 29 (1st Dep’t 2011), and the majority opinion in Williams v. New York City Housing Authority, 61 A.D.3d 62 (1st Dep’t 2009).

§ 3. This local law takes effect immediately.

 

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2/16/2016 5:44 PM