NYCHRL: New York City's Strict Digital Accessibility Requirements

The New York City Human Rights Law (NYCHRL) is the strictest digital accessibility regulation in the United States. Amended in 2020 to explicitly cover digital accessibility, the NYCHRL goes beyond federal ADA requirements by preventing discrimination across all dimensions, including disability.

Unlike federal law which relies on DOJ enforcement, NYCHRL is enforced by the NYC Commission on Human Rights (CCHR), which has authority to investigate, fine, and award damages to individuals. NYC has become a litigation hotspot for accessibility, with hundreds of cases filed annually.

Legal Disclaimer

A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.

What is NYCHRL?

The New York City Human Rights Law prohibits discrimination in public accommodations based on protected characteristics, including disability. In 2020, NYC explicitly clarified that this includes websites and digital services.

Key Characteristics

  • Applies to any entity operating in NYC (regardless of headquarters location)
  • Covers physical locations AND digital services equally
  • Enforced by NYC Commission on Human Rights (CCHR)
  • Private enforcement: Individuals can sue directly without government filing first
  • Monetary damages awarded directly to individuals

Official information: NYC Commission on Human Rights

Scope and Coverage

NYCHRL applies very broadly to any business operating in NYC that provides goods, services, or accommodations to the public.

Who Must Comply

  • Retail businesses with websites
  • Restaurants and hospitality
  • Banks and financial services
  • Healthcare providers
  • E-commerce platforms
  • SaaS companies serving NYC clients
  • Non-profits and charities
  • Government agencies
  • Any business website accessible from NYC

Important: Extraterritorial Application

NYCHRL applies even if your company is not based in NYC. If you do business with NYC residents or your website is accessible to NYC users, you must comply.

Accessibility Standard: WCAG 2.1 Level AA

While NYCHRL doesn't mandate a specific standard, the CCHR and courts have endorsed WCAG 2.1 Level AA as the accessibility benchmark for compliance.

WCAG 2.1 Level AA Requirements

  • 4.5:1 color contrast for normal text
  • 3:1 contrast for large text (18pt+)
  • Keyboard navigation for all functionality
  • Alt text for all images
  • Captions and transcripts for video
  • Proper HTML heading structure
  • Form labels and error identification
  • Support for zoom up to 200%
  • Screen reader compatibility
  • Focus indicators visible at all times

WCAG reference: WCAG 2.1 Quick Reference

Enforcement by NYC Commission on Human Rights

NYCHRL is uniquely powerful because enforcement is decentralized. Both individuals and the CCHR can take action.

Individual Enforcement (Private Right of Action)

  • People with disabilities can file complaints directly with CCHR
  • Individuals can sue in court for damages
  • No requirement to file with government first
  • Damages paid directly to individual complainant
  • Attorney fees typically awarded to plaintiffs

CCHR Enforcement

  • CCHR investigates accessibility complaints
  • Issues violation notices and fines
  • Can issue cease-and-desist orders
  • Conducts public hearings on violations
  • Posts violation records publicly

File a complaint: CCHR File a Complaint

Penalties and Damages

NYCHRL violations carry significant financial consequences through both CCHR penalties and private lawsuits.

CCHR Penalties

  • Civil penalties: Up to $250,000 per violation
  • Separate penalty for each day of violation
  • Damages awarded to affected individuals
  • Mandatory remediation orders
  • Attorney fees and costs

Private Lawsuit Damages

  • Compensatory damages for harm/lost access
  • Statutory damages: $500-$750 per violation
  • Attorney fees (typically awarded)
  • Multiple claims possible per plaintiff
  • Cumulative from many individual claimants

Real-World Examples

Recent NYCHRL accessibility settlements include:

  • Retail chains: $50,000-$200,000+ settlements
  • Financial institutions: $100,000+ settlements
  • E-commerce platforms: $150,000+ settlements
  • Healthcare providers: $25,000-$100,000 settlements

Why NYC is an Accessibility Litigation Hotspot

NYCHRL creates unique incentives that have made NYC the center of digital accessibility litigation:

Key Factors

  • Private enforcement: Individuals don't need government permission to sue
  • Attorney fee awards: Make cases economically viable
  • Cumulative damages: Multiple claims from multiple plaintiffs
  • Aggressive CCHR: Active investigation and enforcement
  • Large plaintiff bar: Many lawyers willing to take accessibility cases
  • Extraterritorial reach: Applies to any company serving NYC
  • Public companies most vulnerable: High visibility targets

NYC accessibility lawsuits increased dramatically post-2020, creating precedent that other jurisdictions now follow.

Steps to Achieve NYCHRL Compliance

Organizations doing business in NYC should prioritize accessibility remediation immediately.

Phase 1: Immediate Assessment

  • Audit websites against WCAG 2.1 Level AA
  • Identify critical barriers (forms, payments, navigation)
  • Prioritize high-traffic/critical functions
  • Assess mobile app accessibility (if applicable)

Phase 2: Rapid Remediation

  • Fix blocking issues immediately
  • Implement alt text for images
  • Ensure keyboard navigation
  • Test with screen readers
  • Verify color contrast ratios

Phase 3: Ongoing Compliance

  • Publish accessibility statement on website
  • Establish accessibility feedback mechanism
  • Train development team on accessible coding
  • Include accessibility in QA process
  • Regular testing and remediation

Phase 4: Documentation

  • Document remediation efforts
  • Keep accessibility test results
  • Record staff training
  • Maintain audit trails

CCHR guidance: NYC Commission on Human Rights

Key Takeaways

  • NYCHRL applies to any business serving NYC residents
  • Digital discrimination is explicitly covered
  • WCAG 2.1 Level AA is the recognized standard
  • Private right of action makes litigation likely
  • CCHR actively investigates and enforces
  • Penalties and damages are substantial
  • NYC litigation has set national precedent
  • Proactive remediation is essential

Resources

Evaluate Your NYCHRL Risk

NYC accessibility litigation is unprecedented. Assess your exposure and compliance status today.