Opinion
October 19, 1970
Proceeding pursuant to section 298 Exec. of the Executive Law to review so much of an order of the State Human Rights Appeal Board, dated June 10, 1970, as, after deleting subdivision (a) of the third decretal paragraph of an order of the State Division of Human Rights, dated October 24, 1969, affirmed the latter order in all other respects. Petition granted to the extent that the order of the Appeal Board is modified, on the law, by adding thereto a provision that the order of the Division of Human Rights is further modified by striking therefrom the last two sentences of subdivision (b) of the third decretal paragraph. As so modified, order of the Appeal Board affirmed, without costs. We find that the last two sentences of subdivision (b) of the third decretal paragraph of the division's order, which grant a preference to those persons who shall be referred by the National Association for the Advancement of Colored People, are in conflict with the State's public policy to assure every individual an "equal opportunity" in respect of housing (Executive Law, § 290, subd. 3; Matter of Miles v. New York State Div. of Human Rights, 35 A.D.2d 673; Alden House v. State Div. of Human Rights, 35 A.D.2d 563; Center Mgt. Co. v. State Div. of Human Rights, 34 A.D.2d 637). Martuscello, Acting P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.