Public-domain · open source
OpenJurist

N.Y. Civ. Rights Law § 79-n

Bias-related violence or intimidation; civil remedy

Redline — January 1, 2021 → current.View current text →
Current — January 1, 2023
As of January 1, 2021
* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The\nfollowing definitions are applicable to this section:\n (a) The term "disability" means a physical or mental impairment that\nsubstantially limits a major life activity.\n (b) The term "age" means sixty years of age or more.\n (c) The term "sexual orientation" means a person's actual or perceived\nhomosexuality, heterosexuality, or bisexuality.\n (d) The term "gender" means a person's actual or perceived sex and\nshall include a person's gender identity or expression.\n 2. Any person who intentionally selects a person or property for harm\nor causes damage to the property of another or causes physical injury or\ndeath to another or summons a police officer or peace officer without\nreason to suspect a violation of the penal law, any other criminal\nconduct, or an imminent threat to a person or property, in whole or in\nsubstantial part because of a belief or perception regarding the race,\ncolor, national origin, ancestry, gender, religion, religious practice,\nage, disability or sexual orientation of a person, regardless of whether\nthe belief or perception is correct, shall be liable, in a civil action\nor proceeding maintained by such individual or group of individuals, for\ninjunctive relief, damages, or any other appropriate relief in law or\nequity. If it shall appear to the satisfaction of the court or justice\nthat the respondent has, in fact, violated this section, an injunction\nmay be issued by such court or justice, enjoining and restraining any\nfurther violation, without requiring proof that any person has, in fact,\nbeen injured or damaged thereby. For the purposes of this subdivision, a\nperson lacks reason to suspect a violation of the penal law, any other\ncriminal conduct, or an imminent threat to a person or property where a\nreasonable person would not suspect such violation, conduct, or threat.\n 3. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction for an\ninjunction to enjoin and restrain the continuance of such activity. In\nconnection with any such application, the attorney general is authorized\nto take proof and determine the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 4. In any such action or proceeding, the court, in its discretion, may\nallow the party commencing such action or proceeding, if such party\nprevails, reasonable attorneys' fees as part of the costs.\n * NB There are 2 § 79-n's\n
* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The\nfollowing definitions are applicable to this section:\n (a) The term "disability" means a physical or mental impairment that\nsubstantially limits a major life activity.\n (b) The term "age" means sixty years of age or more.\n (c) The term "sexual orientation" means a person's actual or perceived\nhomosexuality, heterosexuality, or bisexuality.\n (d) The term "gender" means a person's actual or perceived sex and\nshall include a person's gender identity or expression.\n 2. Any person who intentionally selects a person or property for harm\nor causes damage to the property of another or causes physical injury or\ndeath to another, or subjects a person to conduct that would constitute\nharassment under section 240.25 of the penal law, or summons a police\nofficer or peace officer without reason to suspect a violation of the\npenal law, any other criminal conduct, or an imminent threat to a person\nor property, in whole or in substantial part because of a belief or\nperception regarding the race, color, national origin, ancestry, gender,\nreligion, religious practice, age, disability or sexual orientation of a\nperson, regardless of whether the belief or perception is correct, or\nany person who aids or incites any such conduct, shall be liable, in a\ncivil action or proceeding maintained by such individual or group of\nindividuals, for injunctive relief, damages, or any other appropriate\nrelief in law or equity. If it shall appear to the satisfaction of the\ncourt or justice that the respondent has, in fact, violated this\nsection, an injunction may be issued by such court or justice, enjoining\nand restraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. For the purposes\nof this subdivision, a person lacks reason to suspect a violation of the\npenal law, any other criminal conduct, or an imminent threat to a person\nor property where a reasonable person would not suspect such violation,\nconduct, or threat.\n 3. In addition to the remedies in subdivision two of this section,\nwhenever there shall be a violation of this section by any person or by\nany firm, partnership, association, or corporation, an application may\nbe made by the attorney general in the name of the people of the state\nof New York to a court or justice having jurisdiction for an injunction\nto enjoin and restrain the continuance of such activity, and to seek\ndamages, or any other appropriate relief in law or equity. In connection\nwith any such application, the attorney general is authorized to take\nproof and determine the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n 4. In any such action or proceeding, the court, in its discretion, may\nallow the party commencing such action or proceeding, if such party\nprevails, reasonable attorneys' fees as part of the costs.\n 5. In addition to the remedies provided in subdivisions two and three\nof this section, a court may additionally impose a civil penalty of not\nmore than five thousand dollars for each violation of this section.\n * NB There are 2 § 79-n's\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.