New York City Law Amending the New York City Human Rights Law, Local Law No. 61 of 2023, prohibits discrimination based on height or weight in employment, housing, and public accommodations. The new law he entered into force on November 26, 2023.
Mayor Eric Adams said:
No one should be discriminated against based on height or weight. We all have the right to equal access to employment, housing, and public accommodation, regardless of our appearance. When you’re looking for a job, out on the town, or looking to rent an apartment, height and weight don’t matter. This law will help level the playing field for all New Yorkers, create more inclusive work and living environments, and protect against discrimination.
New York City has posted an FAQ on a dedicated webpage to inform employers, housing providers, and public accommodations of Local Law 61 of 2023, which prohibits height and weight discrimination, and to educate New Yorkers of their rights. was published. Regulations are expected to provide further guidance on the law. (For more information on employment-related provisions, see the article New York City enacts law prohibiting discrimination based on height, weight.)
Frequently asked questions about housing
Regarding housing, the FAQ states, “Landlords, property managers, real estate agents, and their agents must treat housing applicants and current tenants the same, regardless of height, weight, or size.” Are listed. The term “Agent” is not defined in the FAQ. This list should also not be viewed as exclusive. For example, co-op boards interviewing applicants are subject to the law and must comply with the law.
Unlike employment law exceptions and statutory defenses, height, weight, and build are never permissible standards, and there are no exceptions when it comes to housing in New York City. Additionally, “body size stereotypes and speculative health and safety concerns stem from deep-seated prejudices and are not acceptable justifications for height or weight discrimination in housing.”
The FAQ includes questions such as: “I’m a real estate agent, and I choose which units to show applicants to based on my judgment of which units and buildings are appropriate or safe for someone of my size. If I don’t think so, “Is this OK?” The answer to this question is negative. Because it is a violation of the law because it is an unacceptable stereotype or speculative health and safety concern about body size.
The FAQ also makes clear that it is illegal to make assumptions about the availability of living space based on body size. For example, it is against the law to refuse to show a short person around an apartment because the ceilings are high and the cabinets are difficult to reach. Similarly, it is also an offense not to refer people to apartments based on their physical appearance due to concerns about possible real estate implications.
execution
This law is enforced by the New York City Commission on Human Rights. In the event of a violation, the Commission can order the respondent to cease and desist from engaging in the tort, require policy changes, and order the respondent to pay damages, including damages for emotional distress. The Commissioner also imposes civil penalties of up to $125,000 (payable to the City of New York) for violations and up to $250,000 for violations that are the result of willful, tortious, or malicious conduct. Sometimes. In addition, the Secretary may require the respondent to take other steps, such as training for managers, agents, and employees.
next step
Landlords, property managers, real estate agents and other businesses involved in residential real estate should take steps to ensure that height and weight are included as protected classifications in their equal housing opportunity and anti-harassment policies. there is.
Proactive training must be provided to appropriate individuals to ensure compliance with the new legislation. Training materials must be updated to include new legal requirements.