RESOLVED, that this Board hold a public hearing pursuant to Section 209.141(4) of the Laws of Westchester County on Local Law Intro. No. 1- 1999, "A Local Law amending the Laws of Westchester County to declare certain discriminatory acts as unlawful, to prescribe procedures for complaints, investigations, mediation, conciliation and penalties for violations of this law, and to create the Westchester County Human Rights Commission, and to enumerate the functions of and powers of said commission." The public hearing will be held at 7:30 p.m. on the 22^nd day of February, 1999, in the Chambers of the Board of Legislators, 8^th floor, Michaelian Ofice Building, White Plains, New York. The Clerk of the Board shall cause notice of the time and date of such hearing to be published at least once in one or more newspapers published in the County of Westchester and selected by the Clerk of the Board for that purpose in the manner and time required by law.

S/Lois Bronz s/Jim Maisano

S/Thomas J. Abinanti

COMMITTEE ON LEGISLATION

TO: HONORABLE BOARD OF LEGISLATORS

COUNTY OF WESTCHESTER

Your Committee recommends adoption of A Local Law adding a new Chapter 700 to the Laws of Westchester County prohibiting acts of discrimination and providing for the establishment of a Human Rights Commission to enforce complaince and promote equal and fair opportunity for all persons in Westchester County.

Your Committee is informed that the adoption of this legislation is an appropriate exercise of the police power for the protection of the public welfare, health and peace of the people of this County.

The Committee has met on numerous occasions and has heard from many persons who have attested to the need for County legislation prohibiting acts of discrimination and providing for enforcement of such local legislation. The committee has been informed that, notwithstanding provisions of federal and state law, there have been repeated instances of intolerance and discrimination committed in Westchester County. The Committee has learned that there is a serious backlog which has prevented the

State Human Rights Commission from providing a timely and effective remedy to persons in Westchester County who have suffered from acts of discrimination. The Committee has also learned that there are local human rights commissions which have been established by some municipalities in Westchester County, with the result that some persons in the County have a locally available forum to which to bring complaints of discrimination, many others in the County do not have such a forum available to them. The Committee has studied human rights legislation adopted in other parts of the State, including New York City, Albany County, and Nassau County. The Committee has met with the County Attorney and members of the County Attorney's Office and, having reviewed legislation drafted by the County Attorney, in detail, and has made numerous revisions and improvements.

The Committee believes that, in the County of Westchester, with its increasingly diverse population, there is no greater danger to the health, morals, safety and welfare of the County than the existence of prejudice, intolerance, and antagonism among its residents because of their actual or perceived differences, including those based on race, color, religion, creed, age, national origin, alienage or citizenship status, gender, marital status, sexual orientation or disability. The Committee recommends that the Board of Legislators find and declare that prejudice, intolerance, bigotry and discrimination threaten the rights and proper privileges of the inhabitants of Westchester County and endanger the institutions of a free and democratic people. The Committee recommends that the Board of Legislators affirm that the County of Westchester has the duty and responsibility to act to assure that every individual within the County is afforded an equal, fair and timely opportunity to enjoy a full and productive life.

Your Committee urges the Board of Legislators to declare that the failure to provide an equal and fair opportunity, whether because of discrimination, prejudice, or intolerance, threatens the rights and proper privileges of the inhabitants of this County and menaces the institutions and foundations of a free democratic state and threatens the peace, order, health, safety and general welfare of the County and its inhabitants. Your Committee recommends that the Board of Legislators prohibit acts of discrimination, including discrimination in employment, discrimination in public accommodations, discrimination in housing accommodation, discrimination in commercial space and land transactions, and discrimination in the issuing of credit. Your Committee recommends there should be a Westchester County Human Rights Commission to enforce the provisions of a local anti-discrimination law and for the purpose of eliminating and preventing and [so in the original, probably should be "any"] acts of discrimination and to foster tolerance among the inhabitants of Westchester County.

Your Committee recommends that the Board of Legislators empower the proposed Human Rights Commission to assume such duties within the County of Westchester necessary and appropriate to protect the human rights of the population of the County of Westchester, consisting of every race, color, religion, creed, age, national origin, alienage or citizenship status, gender, marital status, sexual orientation, and disability in accordance with the provisions contained in the local law. This local law will ensure that prejudice, intolerance, bigotry and discrimination will not threaten the rights and privileges of inhabitants of Westchester County and that all are treated with dignity and respect as it is necessary to give effect to the equal rights for all assured by the Constitution and laws of the United States, this State, and this County.

Your Committee, after careful consideration recommends adoption of this proposed legislation.

Dated: , 1999

White Plains, New York

LOCAL LAW INTRO. NO. 1 -1999

BE IT ENACTED by the County Board of the County of Westchester as follows:

Section 1. The Laws of Westchester County are hereby amended to add a new Chapter 700 to read as follows:

Chapter 700

Human Rights

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§700.01 Legislative Findings.

In the County of Westchester, with its increasingly diverse population, there is no greater danger to the health, morals, safety and welfare of the County than the existence of prejudice, intolerance, and antagonism among its residents because of their actual or perceived differences, including those based on race, color, religion, creed, age, national origin, alienage or citizenship status, gender, marital status, sexual orientation or disability. The Board of Legislators hereby finds and declares that prejudice, intolerance, bigotry and discrimination threaten the rights and proper privileges of the inhabitants of Westchester County and endanger the institutions of a free and democratic people.

The Committee recommends that the Board of Legislators affirm that the County of Westchester has the duty and responsibility to act to assure that every individual within the County is afforded an equal, fair and timely opportunity to enjoy a full and productive life. Notwithstanding provisions of federal and state law, there have been repeated instances of intolerance and discrimination committed in Westchester County. The Board of Legislators affirms that the County of Westchester has the duty and responsibility to act to assure that every individual within the County is afforded an equal, fair and timely opportunity to enjoy a full and productive life. The Board of Legislators declares that the failure to provide an equal and fair opportunity, whether because of discrimination, prejudice, or intolerance, threatens the rights and proper privileges of the inhabitants of this County and menaces the institutions and foundations of a free democratic state and threatens the peace, order, health, safety and general welfare of the County and its inhabitants. Accordingly, the Board of Legislators finds and determines there to be a need to prohibit acts of discrimination, including discrimination in employment, discrimination in public accommodations, discrimination in housing accommodation, discrimination in commercial space and land transactions, and discrimination in the issuing of credit. The Board of Legislators finds that the adoption of this law is an appropriate exercise of the police power for the protection of the public welfare, health and peace of the people of this County. The Board of Legislators declares that there should be a Westchester County Human Rights Commission to enforce the provisions of this law and for the purpose of eliminating and preventing and [so in the original, probably should be "any"] acts of discrimination and to foster tolerance among the inhabitants of Westchester County. The Board of Legislators finds it appropriate to empower such Commission to assume the duties necessary to protect the human rights of the population of the County of Westchester, consisting of every race, color, religion, creed, age, national origin, alienage or citizenship status, gender, marital status, sexual orientation, and disability in accordance with the provisions contained in this local law. This local law will ensure that prejudice, intolerance, bigotry and discrimination will not threaten the rights and privileges of its inhabitants and that all are treated with dignity and respect as it is necessary to give effect to the equal rights for all assured by the Constitution and laws of the United States, this State, and this County.

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§700.02 Definitions

a. The term "person" includes one or more natural persons, proprietorships, partnerships, associations, group associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

b. The term "employment agency" includes any person undertaking to procure employees or opportunities to work.

c. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment.

d. The term "unlawful discriminatory practice" includes only those practices specified in section 700.3 through section 700.7 [so in the original, probably should be "700.03 through section 700.07"] of this chapter.

e. The term "employer" in this Chapter means any person(s) with at least four persons in their employ, provided, however, such term shall not include an employer where at least two-thirds of the employees are the children, parents, spouse or relatives within the third degree of consanguinity, or the spouses thereof, of such employer.

f. The term "employee" in this Chapter does not include any individual employed by his or her parents, spouse or child, nor does the term :employee" include any individual in the domestic service of any person.

g. The term "place of public accommodation, resort or amusement" shall include providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages and privileges of any kind are extended, offered, sold or otherwise made available. Such term shall not include any club or organization which by its nature is distinctly private but no such club or organization shall be considered by its nature to be distinctly private if: (i) it has more than one hundred members; and (ii) provides meal service in the regular course of its business; and (iii) in the regular course of its business, persistently receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of the nonmembers' trade or business. Notwithstanding the foregoing, for the purposes of the I chapter, a corporation incorporated under the Benevolent Orders Law or described in the Benevolent Orders Law but formed under any other law of this state or a religious corporation incorporated under the Education Law or the Religious Corporations Law shall be deemed to be in its nature distinctly private. No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a New York state championship contest or uses the words "New York State" in its announcements shall be deemed a private exhibition within the meaning of this chapter.

h. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings.

i. The term "publicly-assisted housing accommodations" shall include all housing accommodations within Westchester County in

1. publicly owned or operated accommodations;

2. housing operated by housing companies under the supervision of the state commissioner of housing;

3. housing constructed after July first, nineteen hundred fifty, within Westchester County and which is either

4. housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and

5. housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if

j. The term "multiple dwelling", as herein used, means a dwelling which is occupied primarily for permanent residence purposes and which is either rented, leased, let or hired out, to be occupied as the residence or home of three or more families living independently of each other. A "multiple dwelling" shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term "family" as used herein, means either a person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A "boarder", "roomer" or "lodger" residing with a family means a person living within the household who pays a consideration for such residence and does not occupy such space as an incident of employment therein.

k. The term "commercial space" means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged and designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.

l. The term "real estate broker" means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates or offers to negotiate, a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate. In connection wuh the sale of lots pursuant to the provisions of Article Nine-A of the Real Property Law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.

m. The term "real estate sales person" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or offer or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers to collect rent for the use of real estate for or on behalf of such real estate broker.

n. The term "necessary party" means any person who has such an interest in the subject matter of a proceeding under this Chapter, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding.

o. The term "parties to the proceeding" means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this Chapter;

p. The term "discrimination" shall include, but shall not be limited to, segregation, separation, harassment, verbal and physical intimidation and acts of hate and physical violence.

q. The term "group identity" shall mean race, color, religion, age, national origin, alienage or citizenship status, creed, gender, sexual orientation, marital status or disability.

r. The term "national origin" shall include ancestry.

s. The term "alienage or citizenship status" shall mean (1) the citizenship of any person; or (2) the immigration status of any person who is not a citizen or national of the United States.

t. The term "gender" means both the biological and social characteristics of being female or male.

u. The term "sexual orientation" means heterosexuality, homosexuality or bisexuality.

v. The term "disability" means (1) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or (2) a record of such an impairment or (3) a condition regarded by others as such an impairment, provided, however, that in all the provisions of this Chapter dealing with employment, the term shall be limited to disabilities whicg, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.

w. The term "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which the action is requested.

x. The term "creditor", when used in this Chapter, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. The term includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors.

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§700.3 Unlawful Discriminatory Practices in Employment

a. It shall be an unlawful discriminatory practice:

1. for an employer or an employee or an agent thereof to refuse to hire or employ or bar or discharge from employment any person because of such person's actual or perceived group identity, or to discriminate against any person in compensation or in terms, conditions or privileges of employment because of such person's actual or perceived group identity;

2. for an employment agency or an employee or agent thereof to discriminate against a person, because of such persons [so in the original, probably should be "person's"] actual or perceived group identity, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant for its services to an employer;

3. for a labor organization, or an employee or agent thereof, to exclude or to expel from its membership an individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer because of such individual's actual or perceived group identity.

4. for any employer, labor organization, or employment agency, or an employee or agent of an employer, labor organization or employment agency, to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to group identity, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.

5. for an employer or an employee or an agent thereof to impose upon a person as a condition of obtaining or retaining employment any terms or conditions, compliance with which would require such person to violate, or forego a practice of his or her religion which practice he or she regularly and customarily observes, including but not limited to the observance of any particular day or days or any portion thereof as a Sabbath or holy day or the observance of any religious custom or usage, and the employer shall make reasonable accommodations to the religious needs of such person. Without in any way limiting the foregoing, no person shall be required to remain at his or her place of employment during any day or days or portion thereof that, as a requirement of such person's religion, he or she regularly and customarily observes as a Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his or her place of employment and his or her home, provided, however, that any such absence from work shall, wherever practicable in the judgment of the employer, be made up by an equivalent amount of time at some other mutually convenient time. The provisions of this subparagraph shall not be construed to apply to any position dealing with health or safety where the person holding such position must be available for duty whenever needed. The provisions of this subparagraph shall not be construed to apply to any position or class of positions the nature and quality of the duties of which are such that the personal presence of the holder of such position is regularly essential on any particular day or days or portion thereof for the normal performance of such duties with respect to any applicant therefor or holder thereof who, as a requirement of his [so in the original, probably should be "his or her"] religion, regularly or customarily observes such day or days or portion thereof as his or her sabbath or other holy day. The provisions of this subparagraph shall not apply where the uniform application of terms and conditions of attendance to employees is essential to prevent undue economic hardship to the employer.

6. for any employer, labor organization or employment agency, or an employee or agent of an employer, labor organization or employment agency, to discharge, expel or otherwise discriminate against any person because he or she has: (i) opposed any practices forbidden under this Chapter; or (ii) filed a complaint, testified or assisted in any proceeding under this Chapter; or (iii) commenced a civil action against such employer, labor organization or employment agency, or employee or agent thereof, which action alleges the commission of an unlawful discriminatory practice; or (iv) assisted the Commission or its members or counsel in any investigation; or (v) provided information to the Commission or its members or counsel in any investigation.

7. for an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner or unless the employer made or offered to make reasonable accommodations to the employee, which accommodations were declined by the employee.

8. for an employer, licensing agency, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program. Nothing contained in this subdivision shall be construed to require provision of accommodations which can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, employment agency's or labor organization's business, program or enterprise. In making such a demonstration with regard to undue hardship the factors to be considered include: (i) the overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget; (ii) the type of operation which the business, program or enterprise is engaged in, including the composition and structure of the workforce; and (iii) the nature and cost of the accommodation needed.

b. The provisions of this Section:

1. as applicable to employee benefit plans, shall not be construed to preclude an employer from observing the provisions of any plan covered by the Federal Employment Retirement Income Security Act of Nineteen Hundred Seventy-Four that is in compliance with federal discrimination laws where the application of the provisions of such subdivisions to such plan would be preempted by such act;

2. shall not preclude the varying of insurance coverage according to an employee's age;

3. shall not be construed to effect [so in original, probably means "affect"] any retirement policy or system that is permitted pursuant to paragraphs (e) and (f) of subdivision three-a of Section Two Hundred Ninety-six of the Executive Law;

4. shall not be construed to affect the retirement policy or system of an employer where such policy or system is not a subterfuge to evade the purpose of this Chapter; and

5. shall not preclude any employer from making any lawful inquiry as to the alienage or citizenship status of any employee or prospective employee and shall not preclude any employer from refusing to hire or employ, or barring or discharging from employment, any person not lawfully eligible for such employment.

a. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or an employee or agent of an employer, labor organization or employment agency, or any joint labor-management committee controlling apprentice training programs:

1. to deny or to withhold from any person the right to be admitted to or participate in a guidance program, an apprenticeship training program, or other occupational training or retraining program because of an actual or perceived group identity;

2. to discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of an actual or perceived group identity;

3. to declare, print or circulate or cause to be circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expressed, directly or indirectly, any limitation, specification or discrimination as to an actual or perceived group identity, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.

b. The provisions of this Section:

1. as applicable to employee benefit plans, shall not be construed to preclude an employer from observing the provisions of any plan covered by the Federal Employment Retirement Income Security Act of Nineteen Hundred Seventy-Four that is in compliance with federal discrimination laws where the application of the provisions of such subdivisions to such plan would be preempted by such act;

2. shall not preclude the varying of insurance coverage according to an employee's age;

3. shall not be construed to effect [so in original; probably means "affect"] any retirement policy or system that is permitted pursuant to paragraphs (e) and (f) of subdivision three-a os Section Two Hundred Ninety-Six of the Executive Law; and

4. shall not be construed to affect the retirement policy or system of an employer where such policy or system is not a subterfuge to evade the purposes of this Chapter; and

5. shall not be applicable to employment by a bona fide civic organization which limits its membership to persons of the same gender.

a. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the actual or perceived group identity of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to declare, publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of actual or perceived group identity, or that patronage or custom thereat of any person of or purporting to be of any particular group identity is unwelcome, objectionable or not acceptable, desired or solicited.

b. Nothing in this Section shall be construed to prevent the barring of any person, because of the gender of such person, from places of public accommodations, resort or amusement based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one gender.

c. Notwithstanding anything in this Chapter to the contrary, membership, participation in, or employment by, civic organizations shall not be considered to be public accommodations within the meaning of this Section.

a. It shall be an unlawful discriminatory practice for the owner, lessor, lessee, sub-lessee, assignee, or managing agent or other person having the right to sell, rent or lease, or to approve the sale, rental or lease of, housing accommodations, including publicly assisted housing accommodations, constructed or to be constructed, or any interest therein, or any agent or employee thereof:

1. to refuse to sell, rent, lease, or to refuse to approve the sale, rental or lease of, or otherwise to deny to or withhold from any person or group of persons, such a housing accommodation because of a person's actual or perceived group identity;

2. to discriminate against any person because an actual or perceived group identity in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith;

3. to declare, print or circulayte or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or an interest therein or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation or an interest therein which expresses, directly or indirectly, any limitation, specification or discrimination as to group identity, or any intent to make any such limitation, specification or discrimination.

4. to refuse to rent to any person because of the presence or absence of a minor child or minor children in the household of such person.

b. The provisions of paragraph a shall not apply:

1. to the rental of a housing accommodation, other than a publicly assisted housing accommodation, in a building which contains housing accommodations for not more than four families living independently of each other, if the owner or members of the owner's family reside in one of such housing accommodations;

2. to the restriction of the rental of all rooms in a housing accommodation to individuals of the same gender;

3. to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner's family reside in such housing accommodation; or

4. solely with respect to age, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons fifty-five years of age or older and the spouse of any such person.

c. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or other person having the right of ownership or possession of, or the right to sell, rent or lease, or the right to approve the sale, rental or lease of, land or commercial space or an interest therein:

1. to refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the actual or perceived group identity of such person or persons;

2. to discriminate against any person because of his or her actual or perceived group identity in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space or in the furnishing of facilities or services in connection therewith; or

3. to declare, print or circulate or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to group identity; or any intent to make any such limitation, specification or discrimination as to group identity; or any intent to make any such limitation, specification or discrimination.

d. The provisions of paragraph c, solely with respect to age, shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person.

e. It shall be an unlawful discriminatory practice for a real estate salesperson, real estate broker, real estate listing service, or any employee or agent thereof:

1. to refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land, or commercial space or any interest therein to any person or group of persons because of the actual or perceived group identity of such person or persons, or to represent that any housing accommodation, land or commercial space or any interest therein is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space or any interest therein from any person or group of persons because of the actual or perdceived group identity of such person or persons; or

2. to declare, print or circulate or cause to be declared, printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to group identity; or any intent to make any such limitation, specification or discrimination.

f. The provisions of paragraph e, solely with respect to age, shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person.

g. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to group identity of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.

h. It shall be an unlawful discriminatory practice for any real estate board, or any board of directors of any condominium corporation or cooperative apartment corporation, because of the actual or perceived group identity of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board.

i. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, or managing agent of, or any person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space to refuse to permit, at the expense of a person with a disability, reasnable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the New York State Uniform Fire Prevention and Building Code and any local fire or building code applying stricter standards than the New York State Code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

j. Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five years of age or older for housing accommodations.

k. Nothing in this section shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same gender.

l. The provisions of this section, as they relate to age, shall not apply to persons under the age of eighteen years.

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§700.07 Unlawful Discriminatory Practices in Relation to Credit

a. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:

1. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space or any interest therein to discriminate against any such applicant because of the actual or perceived group identity of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; or in the appraisal of any housing accommodation conducted in connection with any such application.

2. to discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of group identity;

3. to discriminate in the appraisal of housing accommodations, conducted in connection with an application for credit, on the basis of group identity;

4. to use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to group identity;

5. to make any inquiry of an applicant concerning his or her camacity to reproduce, or his or her use or advocacy of any form of birth control or family plannng;

6. to refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of applicant's actual or perceived group identity;

7. to discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse, except that this provision shall not be applicable to any situation where the use of a surname would constitute or result in a criminal act.

b. Without limiting the generality of paragraph a, it shall be considered discriminatory if, because of an applicant's or class of applicant's perceived or actual group identity:

1. an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit;, or

2. special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness.

c. Notwithstanding any provision of this Section to thye contrary, it shall not be considered discriminatory if credit differentiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supported data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to group identity, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future.

d. Notwithstanding any provision of this Section to the contrary, it shall not be an unlawful discriminatory practice to consider age in determining credit worthiness when age has a demonstrable and statistically sound relationship to a determination of credit worthiness.

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§700.08 Additional Provisions Defining Discriminatory Practices

a. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this Chapter or to attempt to do so.

b. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this Chapter applies to retaliate or discriminate against any person because he or she:

(1) has opposed any practices forbidden under this Chapter; or (2) has filed a complaint, testified or assisted in any proceeding under this Chapter; or (3) has commenced a civil action against such employer, labor organization or employment agency, or employee or agent thereof, which action alleges the commission of an unlawful discriminatory practice; or (4) has assisted the Commission or its members or counsel in any investigation; or (5) has provided information to the Commission or its members or counsel in any investigation.

c. It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to section 700.12 of this Chapter to violate the terms of such agreement.

d. Nothing contained in this Chapter shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting participation in any activity (including, but not limited to employment, education, or sales or rental of housing accommodations) to, or granting admission to, or giving preference to, persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it was established or maintained.

e. Nothing in this Chapter shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is established or maintained. Nothing in this Chapter shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one gender exclusively, to admit students of only one gender or to employ administrators and teachers on its faculty of the same gender.

f. Notwithstanding any other provision of this Chapter to the contrary, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the New York State Division of Human Rights, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the Division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population.

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§700.09 Human Rights Commission; Membership

a. There shall be a Westchester County Human Rights Commission (the "Commission"), which shall consist of fifteen (15) members.

b. The Commission is established for the purposes of: (1) fostering mutual understanding, tolerance and respect among all persons in Westchester County; (2) preventing discrimination based on race, ethnicity, religion, national origin, alienage or citizenship, gender, age, sexual orientation, marital status or disability; (3) cooperating with governmental and non-governmental agencies and organizations having similar functions; and (4) making such investigations and studies in the field of human relations as in the judgment of the Commission will aid in effectuating its purposes.

c. Pursuant to section 110.21 of the Laws of Westchester County, the County Executive shall appoint the members of the Commission, subject to confirmation by the County Board of Legislators. Of the members first appointed, the first five appointed shall each be appointed for a term of one (1) year; the next five appointed shall be appointed for a term of two (2) years; and the last five appointed shall be appointed for a term of three (3) years. Thereafter, all appointments to the Commission shall be for a term of three (3) years. Members, including members first appointed, may continue to serve after the expiration of their terms of office until their successors have been appointed.

d. In the event that a vacancy is created prior to the expiration of the term of a member, including a vacancy created as the result of the death or resignation of a member, his or her successor shall be appointed to serve the unexpired balance of the term of the member whose office has become vacant.

e. The Commission shall annually elect its chair and vice-chair from among its members.

f. The members of the Commission shall not be compensated for their services on the Commission; however, the members of the Commission may be reimbursed for any necessary and reasonable expenses actually incurred in the performance of their duties.

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§700.10 Powers and Duties of the Commission

The Commission shall have the following powers and duties:

a. to hold at least one (1) meeting each calendar month. Other meetings may be held at the request of the chair of the Commission or upon written request of a majority of the Commission or as provided for in written rules and procedures adopted by the Commission;

b. to work together with federal, state, county and local agencies in developing courses of instruction for presentation to employers and employees situated in the County of Westchester and to public and private schools, public libraries, museums and other suitable places, with respect to techniques and methods for achieving harmonious inter-group relations within Westchester County;

c. to enlist the cooperation of the various racial and ethnic groups, community organizations, fraternal and benevolent associations and other groups in Westchester County in mediation efforts, programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination;

d. to study the problems of prejudice, intolerance, bigotry and disorder occasioned thereby in all or any fields of human endeavor and interaction;

e. subject to the provisions of this Chapter, to receive, investigate and pass upon complaints of, and to initiate its own investigations of: (1) racial, religious and ethnic group tensions, prejudice, intolerance, bigotry and disorder occasioned thereby; and (2) discrimination against any person, or group of persons, organizations or corporations, whether practiced by private persons, associations, corporations and, to make, sign and file complaints alleging violations;

f. subject to the provisions of this Chapter, to accept complaints from local municipalities and private individuals;

g. to report unlawful discriminatory practices that fall outside its jurisdiction to the proper governmental authorities;

h. to issue subpoenas in the manner provided for in the civil practice law and rules compelling the atendance of witnesses, or requiring the production of any evidence relating to any matter within the jurisdiction of the Commission;

i. to hold hearings relating to any matter within the jurisdiction of the Commission;

j. To impose and collect fines for violations of this Chapter, as provided for in this Chapter;

k. to issue publications and reports of investigations and research designed to promote good will and minimize or eliminate prejudice, intolerance, bigotry, discrimination and disorder occasioned thereby;

l. to recommend to the County Executive and the Board of Legislators legislation to aid in carrying out the purpose of this effort;

m. to adopt rules and regulations as may be necessary to effectuate the provisions of this Chapter, which rules and regulations, and any amendments or modifications thereto, shall not be effective unless and until such rules and regulations, or amendments or modifications, shall have been filed with the County Clerk;

n. to prepare a manual of all of its rules and regulations and to furnish copies thereof to persons desiring same;

o. to appoint an Executive Director who shall serve at the pleasure of the Commission and to utilize the services of such other employees or assistants within the amounts appropriated therefor;

p. to receive, accept, use and expend public grants, private gifts, donations or bequests and other payments, goods and services, notwithstanding any other provision of law;

q. to enter into written agreements with federal, state and municipal agencies and commissions for purposes of achieving inter-governmental cooperation and coordination in matters pertaining to discrimination and the handling of complaints and investigations of discrimination;

r. to submit an annual report, at the close of each fiscal year, to the County Executive and the Board of Legislators, which report shall also be submitted to the New York State Division of Human Rights, and which shall be made publicly available.

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§700.11 Relations with County Departments and Agencies

So faras practicable, and subject to the approval of the County Executive, the services of all other County departments and agencies shall be made available by their respective heads to assist the Commission with respect to matters within its jurisdiction. Upon reasonable request of the Commission, the head of any department or agency shall, in so far as practicable, provide the Commission with public records in the possession o such dep[artment or agency to the Commission, except that nothing herein contained shall compel the disclosure of public records which are exempt from disclosure pursuant to the provisions of the Public Officers Law.

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§700.12 Complaint of Discrimination; Procedure

a. Except as otherwise provided in this Chapter, any person claiming to be aggrieved by an unlawful discriminatory practice may, bu personally or by an attorney-at-law, make, sign and file with the Commission a verified complaint in writing which shall set forth the name and address of the person alleged to have committed the unlawful discriminatory practice complained of, the particulars thereof, and such other information as may be required by the Commission. A complainant may withdraw a complaint at any time prior to the service of an answer by the respondent. Subsequent to the service of an answer by the respondent, the complainant may withdraw a complaint, provided, however, that, upon application by the respondent, the Commission may preclude the complainant from subsequently filing any complaint based upon the same transactions or occurrences or series of transactions occurrences as the complaint which was withdrawn.

b. The Executive Director of the Commission may initiate a complaint alleging that a respondent has engaged in a pattern or series of unlawful discriminatory practices affecting the civil rights of more than one person. Such complaint shall be signed and verified by the Executive Director and shall set forth the name and address of the person alleged to have committed the unlawful discriminatory practices complained of and the particulars thereof, together with such other information as may be required by the Commission. In any complaint initiated by the Executive Director, the relief awarded by the Commission in the event of a finding that the respondent has committed the unlawful discriminatory practices complained of shall be limited to the relief authorized in subparagraphs 1, 2, and 5 of paragraph g of this Section. The Executive Director may withdraw a complaint at any time prior to the service os an answer by the respondent. Subsequent to the service of an answer by the respondent, the Executive Director may withdraw a complaint, provided, however, that, upon application by the respondent, the Commission may preclude the Executive Director from subsequently filing any complaint based upon the same transactions or occurrences or series of transactions or occurrences as the complaint which was withdrawn.

c. Within thirty days after the filing of any complaint, the commission shall serve a copy thereof by mail upon the respondent and all persons it deems to be necessary parties. Within sixty days agter a complaint is filed, the Commission shall determine whether it has jurisdiction. If the Commission determines that it has jurisdiction, it shall determine, within one hundred twenty days of the filing of the complaint, whether there is probable cause to believe that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in an unlawful discriminatory practice. If it finds with respect to any respondent that it lacks jurisdiction or that probable cause does not exist, the Commission shall issue an order dismissing the complaint as to such respondent, which order shall be served by mail upon all the necessary parties to the proceeding.

d. If in the judgment of the Commission the circumstances so warrant, it may, at any time after the filing of the complaint, endeavor to eliminate any unlawful discriminatory practice by any method of dispute resolution prescribed by rule of the Commission including, but not limited to, mediation and conciliation. The Commission may enter into an agreement with any respondent resolving the complaint by agreement ("conciliation agreement"). Such conciliation agreement may include provisions requiring the respondent to refrain from the commission of unlawful discriminatory practices in the future and may contain such further provisions as may be agreed upon by the Commission and the respondent, including a provision for the entry of an order in the New York State Supreme Court, County of Westchester, or in such other county where the respondent resides or maintains an office for the transaction of business, containing the terms of the conciliation agreement. Prior ro entering into a conciliation agreement, the Commission shall provide a copy thereof to the complainant by mail. If the complainant agrees to the terms of the agreement or fails to object to such terms within fifteen days after it was mailed to the complainant, the Commission may proceed to enter into the agreement. If the complainant desires to object to the agreement he or she shall specify such objections in writing and file same with the Commission within fifteen days after the proposed agreement was mailed to the complainant. Upon review of such objections, the Commission may make such order as it, in its sole discretion, may find to be just and proper, including (a) an order approving the conciliation agreement; (b) an order dismissing the complaint; and (c) an odere scheduling a hearing on the complaint.

e. Where the Commission has found that it has jurisdiction over the complaint and that there is probable cause to believe thet the respondent has engaged or is engaging in an unlawful discriminatory practice, the Commission may issue and cause to be issued and served a written notice requiring the respondent to answer the charges of such complaint and appear at a hearing upon reasonable notice at a time and place to be ficed by the Commission and specified in the notice. At least two business days prior to the hearing the respondent shall, and any necessary party may, file a written answer to the complaint with the Commission and serve a copy on all other parties to the proceeding. If the respondent fails to answer the complaint, the Commission may enter the default and the hearing shall proceed on the evidence in support of the complaint. Such default may be set aside for good cause shown upon such terms and conditions as may be just.

f. A respondent who has filed an answer, or whose default in answering has been set aside for good cause shown may appear at such hearing in person or otherwise, with or without counsel, cross examine witnesses and the complainant and submit testimony. Attempts at conciliation, or statements made during such attempts, shall not be received in evidence. The complainant and all parties shall be allowed to present testimony in person or by counsel and cross examine witnesses. The testimony taken at the hearing shall be under oath and a record made. At the conclusion of the hearing, or as soon thereafter as may be practicable, the Commission shall issue its determination, stating its findings of fact.

g. In the event that the Commission shall, after a hearin, determine that a respondent has committed an unlawful discriminatory practice, it shall issue an order containing such of the following provisions as may, in the judgment of the Commission, effectuate the provisions of this Chapter:

1. requiring the respondent to cease and desist from such unlawful discriminatory practice;

2. requiring such respondent to take such affirmative action to remedy the unlawful discriminatory practice, including such of the following as may be applicable and appropriate; hiring, reinstatement or upgrading of employees, with or without back pay. Restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons, evaluating applicants for membership in a place of accommodation without discrimination based on group identity, and without retaliation or discrimination based on opposition to practices forbidden by this Chapter or filing a complaint, testifying or assisting in any proceeing under this Chapter;

3. awarding of compensatory damages to the person aggrieved by such practice;

4. awarding of punitive damages, in cases of housing discrimination only, in an amount not to exceed ten thousand dollars, to the person aggrieved by such practice; and

5. requiring the respondent to report of the manner of complaince.

h. A copy of each order issued by the Commission shall be delivered in all cases to the County Executive, Chair of the Board of Legislators, and to the County Attorney.

i. The commission shall establish rules of practice or procedure to govern, expedite and effectuate the foregoing procedure and its own actions thereunder, provided that such rules are not inconsistent with the provisions hereof.

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§700.13 Complaints of Discrimination; Limitations

Except as otherwise provided in Section 700.15, any complaint filed with the Commission pursuant to Section 700.12 of this Chapter must be filed within one year after the occurrence of the alleged unlawful discriminatory practice.

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§700.14 Temporary Injunctions

At any time after the filing of a complaint with the Commission alleging an unlawful discriminatory practice under this Chapter, if the Commission determines that the respondent is doing or procuring to be done any act tending to render ineffectual any order the Commission amy enter in such proceeding, the Commission may, by the County Attorney, apply to the New York State Supreme Court, in Westchester County, or in such other county where the repsondent resides or maintains an office for the transaction of business, for a temporary injunction and for a temporary restraining order. The order to show cause may contain a temporary restraining order and shall be served in the manner provided therein. On the return date of the order to show cause, and after affording all parties an opportunity to be heard, if the court deems it necessary to prevent the respondent from rendering ineffectual an order relating to the subject matter of the complaint, it may grant appropriate injunctive relief upon such terms as it deems proper.

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§700.15 Jurisdictional Limitations

a. Except as otherwise provided in subdivision b hereof, the Commission shall not have jurisdiction to entertain or initiate a complaint where:

1. the complainant or party aggrieved has previously initiated a civil action in any court based upon the same transaction or occurrence or series of transactions or occurrences which are the subject of the complaint filed or sought to be filed with the Commission, unless such civil action has been voluntarily discontinued or withdrawn by the complainant;

2. the respondent is the County of Westchester or the respondent is an officer or employee of the County of Westchester and the complaint relates to conduct of such officer or employee committed within the scope of his or her official duties or employment with the County of Westchester;

3. a human rights or similar commission established in or for any city, town or village located in Westchester County would have jurisdiction over the subject matter of the complaint filed or sought to be filed with the Commission;

4. the complainant or party aggrieved has previously filed a complaint with the New York State Division of Human Rights, or with the commission on human rights of any city, town or village located in Westchester County, based upon the same transaction or occurrence or series of transactions or occurrences which are the subject of the complaint filed or sought to be filed with the Commission;

5. the complainant or party aggrieved has previously filed a complaint, action or proceeding with any administrativeagency of the State or County of Westchester, based upon the same transaction or occurrence or series of transactions or occurrences which are the subject 9of the complaint filed or sought to be filed with the Commission.

6. the complainant or party aggrieved: (i) is employed by an organization, company, association, government, or other entity, which, pursuant to a written policy, maintains an affirmative action, equal employment or similar office or department, which office or department would have jurisdiction over the subject matter of the complaint filed or sought to be filed with the Commission; and (ii) the complainant or party aggrieved has not exhausted the remedies provided for in the written policy. The provisions of this subparagraph shall not apply in the event that the affirmative action, equal employment or similar office or department to which the complaint was made fails to render a determination thereon within one (1) year of the filing of the complaint with such office or department, in which event the complainant or party aggrieved must file a complaint with the Commission within one (1) year of the time that the complaint [so in the original. Probably should be "Complainant"] or party aggrieved became entitled to file such complaint with the Commission. The provisions of this subparagraph shall not preclude the filing with the Commission of a complaint which alleges that the organization, company, association, government or other entity involved has engaged or is engaging in a pattern of unlawful discriminatory practices which have involved identical or substantially similar acts committed against two (2) or more persons who were similarly situated, provided that the complaint is filed within one year after the occurrence of the alleged unlawful practices.

b. Notwithstanding the provisions of paragraph a above, the Commission shall have jurisdiction to entertain a complaint:

1. where: (i) the complainant or party aggrieved previously filed a complaint, based on the same transaction or occurrence or series of transactions or occurrences, with a human rights commission established for any city, town or village located in Westchester County; (ii) such commission determined that the respondent committed an unlawful discriminatory practice; (iii) such determination has not been annulled or stayed by any court; (iv) the relief requested by the complainant or party aggrieved is limited to enforcement of such determination by requiring the respondent to cease and desist from the unlawful discriminatory practice any by requiring the respondent to comply with such other terms and conditions of the prior determination as may be enforceable by the Commission; and (v) the complaint is filed with the Commission within one (1) year of the making of the determination sought to be enforced.

2. where: (i) the complainant or party aggrieved previously filed a complaint, based on the same transaction or occurrence or series of transactions or occurrences, with the affirmative action, equal employment or similar office maintained by his or her employer; (ii) such office determined that the respondent committed an unlawful discriminatory practice; (iii) such determination has not been annulled or stayed by any court; (iv) the relief requested by the complainant or party aggrieved is limited to enforcement of such determination by requiring the respondent to cease and desist from the unlawful discriminatory practice any by requiring the respondent to comply with such other terms and conditions of the prior determination as may be enforceable by the Commission; and (v) the complaint is filed with the Commission within one (1) year of the making of the determination sought to be enforced.

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§700.16 Judicial Review and Enforcement

Any complainant, respondent or other person aggrieved by an order of the Commission which is an order after a hearing, a cease and desist order, an order awarding damages, an order dismissing a complaint, or by an order of the Commission which makes a final disposition of a complaint may obtain judicial review thereof, and the Commission may obtain an order of court for its enforcement and for the enforcement of any other order of the Commission, in a proceeding as provided in this section. Such proceeding shall be brought in the New York State Supreme Court, Westchester County, or in such other county wherein any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Such proceeding shall be initiated by the filing of a notice of petition and petition in such court. Thereafter, at a time and in a manner to be specified by the court, the commission shall file with the Court a written transcript of the record of all prior proceedings. Upon the filing of a notice of petition and petition, the court shall have jurisdiction of the proceeding and of the questions determined therein.

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§700.17 Construction

The provisions of this Chapter shall be construed liberally for the accomplishment of the purposes thereof.

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§700.18 Separability

If any clause, sentence, paragraph or part of this Chapter or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter.

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§2. This Local Law shall take effect on the ninetieth day after it shall have become law, except that the Commission shall not accept any complaints for filing until January 1, 2000, by which time the Commission shall have adopted its rules and regulations governing its procedures.