N.Y.C. Admin. Code tit. 8, ch. 1 § 8-131
Applicability (New York City Human Rights Law)
Operative Text
The provisions of this chapter which make acts of discriminatory harassment or violence as set forth in chapter 6 of this title subject to the jurisdiction of the commission shall not apply to acts committed by members of the police department in the course of performing their official duties as police officers whether the police officer is on or off duty. (Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018)
New York City Administrative Code §§ 8-101 & 8-131 carves out a specific exception to the city's human rights law: when members of the New York City Police Department commit acts of discriminatory harassment or violence while performing their official duties as police officers, those acts fall outside the jurisdiction of the NYC Commission on Human Rights under this chapter. This exemption applies regardless of whether the officer is technically on duty or off duty at the time, so long as the conduct is tied to the performance of official police functions. The provision was amended in 2018 and took effect October 16, 2018.
Plain English — not legal advice.
For property owners and managers, §§ 8-101 & 8-131 is primarily relevant as background context for understanding the scope of the NYC Commission on Human Rights' authority over discriminatory harassment and violence claims. Compliant operators generally remain fully subject to all other provisions of the chapter governing housing discrimination, as this exemption is narrowly directed at police conduct in an official capacity. Landlords and managers should be aware that this carve-out does not affect their own obligations under the broader human rights framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under §§ 8-101 & 8-131, tenants should be aware that complaints about discriminatory harassment or violence involving NYPD officers acting in their official capacity cannot be pursued through the NYC Commission on Human Rights under this particular chapter. Other legal avenues may exist for such conduct, including federal civil rights frameworks or other city and state oversight bodies, and tenant-rights organizations can help identify which channels may be available. Tenants experiencing housing discrimination by non-police actors retain the full protections of this chapter and may file complaints with the NYC Commission on Human Rights.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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