Section 298-A. Application of article to certain acts committed outside the state of New York  


Latest version.
  • 1. The provisions of  this  article  shall  apply  as
      hereinafter  provided  to  an act committed outside this state against a
      resident of this state or against a corporation organized under the laws
      of this state or authorized to do business in this state,  if  such  act
      would constitute an unlawful discriminatory practice if committed within
      this state.
        2. If a resident person or domestic corporation violates any provision
      of  this  article  by  virtue  of  the  provisions of this section, this
      article shall apply to such person or corporation in the same manner and
      to the same extent as such provisions would have applied  had  such  act
      been  committed  within  this  state except that the penal provisions of
      such article shall not be applicable.
        3. If a  non-resident  person  or  foreign  corporation  violates  any
      provision  of  this article by virtue of the provisions of this section,
      such person or corporation shall  be  prohibited  from  transacting  any
      business  within  this  state.  Except  as  otherwise  provided  in this
      subdivision, the provisions of section two hundred ninety-seven of  this
      article  governing the procedure for determining and processing unlawful
      discriminatory practices shall  apply  to  violations  defined  by  this
      subdivision insofar as such provisions are or can be made applicable. If
      the  division  of human rights has reason to believe that a non-resident
      person or foreign corporation  has  committed  or  is  about  to  commit
      outside  of this state an act which if committed within this state would
      constitute an unlawful discriminatory practice and that such act  is  in
      violation  of  any provision of this article by virtue of the provisions
      of this section, it shall serve a copy of the complaint upon such person
      or corporation by personal service either within or without the state or
      by registered mail, return receipt requested, directed to such person or
      corporation at his or her or  its  last  known  place  of  residence  or
      business, together with a notice requiring such person or corporation to
      appear  at a hearing, specifying the time and place thereof, and to show
      cause why a cease and desist order should not  be  issued  against  such
      person  or  corporation.  If  such  person  or corporation shall fail to
      appear at such hearing or does not show sufficient cause why such  order
      should  not  be issued, the division shall cause to be issued and served
      upon such person or corporation an order to cease or desist from the act
      or acts complained of. Failure to comply with any such  order  shall  be
      followed  by  the  issuance by the division of an order prohibiting such
      person or corporation from transacting any business within this state. A
      person or corporation who or which transacts business in this  state  in
      violation  of  any  such  order  is guilty of a class A misdemeanor. Any
      order issued pursuant to this subdivision may be vacated by the division
      upon satisfactory proof of compliance with such order. All orders issued
      pursuant to this subdivision shall be subject to judicial review in  the
      manner prescribed by article seventy-eight of the civil practice law and
      rules.