Cal. Civ. Code § 298-A
Application of article to certain acts committed outside the state of New York
Operative Text
§ 298-a. Application of article to certain acts committed outside the state of New York. 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.
New York Executive Law § 298-A extends the state's anti-discrimination protections beyond its geographic borders. When an act of discrimination is committed outside New York but targets a New York resident or a corporation organized or authorized to do business here, that act is treated as if it occurred within the state — provided it would qualify as an unlawful discriminatory practice under New York law. Residents and domestic corporations face the same civil consequences as if the act had occurred in-state, while non-residents and foreign corporations can face additional consequences including a prohibition on conducting business in New York, and potential criminal liability for defying a cease-and-desist order.
Plain English — not legal advice.
Property owners and management companies operating under New York law should be aware that § 298-A means discriminatory conduct does not escape New York's reach simply because it occurs outside state lines. A compliant operator generally ensures that its screening, leasing, and housing-related communications directed at New York residents conform to New York's anti-discrimination standards regardless of where those communications or decisions physically originate. Companies authorized to do business in New York typically review their out-of-state operations for practices that could be deemed unlawful discriminatory practices under New York law, since the Division of Human Rights retains authority to investigate and act on such conduct.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 298-A, New York residents retain the protections of the state's human rights laws even when the discriminatory act — such as a denial of housing or a discriminatory communication — occurs outside New York's borders. If you believe you have experienced such conduct, general enforcement paths include filing a complaint with the New York State Division of Human Rights, which has the authority to investigate out-of-state acts covered by this provision and to issue cease-and-desist orders against violators. Tenant-rights organizations and legal aid services can help you understand whether the circumstances of a particular situation fall within the scope of § 298-A and what complaint processes may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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