N.Y.C. Admin. Code § 8-107

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N.Y.C. Admin. Code § 8-107
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https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-219879 ↗

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f. The provisions of this subdivision as they relate to unlawful discriminatory practices by educational institutions shall not apply to matters that are strictly educational or pedagogic in nature.

g. 1. The provisions of this subdivision relating to height and weight shall not apply to an action by a covered entity based on a person’s height or weight when such action is (i) required by federal, state, or local law or regulation; or (ii) permitted by regulation adopted by the commission allowing consideration of height or weight because such action is reasonably necessary for the normal operations of a particular place or provider of accommodation, or a category of such places or providers, and there is no alternative action the covered entity could reasonably take that would allow patrons to use or enjoy the accommodations, advantages, services, facilities, or privileges of the place or provider of public accommodation.

2. In instances where a covered entity’s action is not required by law or regulation or permitted by regulation as described in paragraph 1, it shall be an affirmative defense that a covered entity took an action based on a person’s height or weight because such action is reasonably necessary for its normal operations and there is no alternative action the covered entity could reasonably take that would allow patrons to use or enjoy the accommodations, advantages, services, facilities, or privileges of the place or provider of public accommodation.

5. Housing accommodations, land, commercial space and lending practices.