[HISTORY: Adopted by the Town Board of the
Town of Islip 5-14-1968. Amendments noted where applicable.]
A.
In the Town of Islip, with its population consisting
of people of various races, creeds, colors, familial statuses, sexual
orientations, ages, marital statuses and national origins, there is
no greater danger to the health, morals, safety and welfare of the
Town and its inhabitants than the existence of groups and individuals
reflecting prejudice against one another and antagonism toward each
other because of differences of race, creed, color, sex, disability,
familial status, sexual orientation, age, marital status, military
status or national origin. The Town Board hereby finds and declares
that acts of prejudice, intolerance, bigotry and discrimination which
deny a person the opportunity to sell, purchase, lease, rent or obtain
financing for the purchase or lease of housing accommodations because
of race, creed, color, sex, disability, familial status, sexual orientation,
age, marital status, military status or national origin threaten the
fundamental rights and privileges of the inhabitants of the Town of
Islip and undermine the foundation of a free and democratic state.
The Town Board further declares it to be public policy of the Town
of Islip to eliminate and prevent discrimination and involuntary segregation
based on race, creed, color, sex, disability, familial status, sexual
orientation, age, marital status, military status or national origin,
and to safeguard the right of every person to sell, purchase, lease,
rent or obtain financing for the purchase or lease of housing accommodations
without regard to race, creed, color, sex, disability, familial status,
sexual orientation, age, marital status, military status or national
origin.
[Amended 2-15-1972; 7-11-1978; 3-6-2012]
B.
The Town Board of the Town of Islip further declares
it to be public policy of the Town of Islip to offer assistance in
the resettlement of all persons removed from their places of residence
by programs of the Town of Islip, provided that such removal shall
not be for a violation of a Town of Islip ordinance, law or regulation.
C.
In accordance with this policy, it shall be the duty
of all Town officers, officials and employees to exercise any governmental
function relating to the use, sale or occupancy of land, real property
or housing accommodations in such a manner, consistent with law, that
all discrimination be prevented.
[Amended 3-6-2012]
As used in this ordinance, the following terms
shall have the meanings indicated:
Shall include all religious beliefs.
[Added 3-6-2012]
A physical, mental or medical impairment resulting from an
anatomical, physiological or neurological condition which prevents
the exercise of a normal bodily function.
[Added 7-11-1978]
[Repealed 2-15-1972]
Any place in which human habitation is permitted by the Town.
Includes ancestry and ethnicity.
[Amended 3-6-2012]
Includes one or more individuals, partnerships, associations,
corporations, legal representatives and successors. The plural shall
include the singular and vice versa.
The use of a word or phrase or action by a real estate broker
or salesperson which is intended to influence the choice of a prospective
home or property purchaser on the basis of race, creed, color, sex,
disability, familial status, sexual orientation, age, marital status,
military status or national origin.
[Added 7-11-1978; 3-6-2012]
Shall include the Town Attorney, Deputy Town Attorney and
Assistant Town Attorneys.
Shall include all land in the geographical boundaries of
the Town and any lands held in a proprietary capacity by the Town
outside said geographical limits, but no land in incorporated villages.
The Town Attorney is authorized to receive complaints
of violations of this ordinance and to take the necessary action to
enforce the provisions of this ordinance. Any action taken by him
under this ordinance shall not require resolutions of the Town Board.
[Amended 2-15-1972; 7-11-1978]
A.
No
person or agent acting on behalf of another shall:
(1)
Refuse to sell, rent or lease any housing accommodation or any facilities
of any housing accommodation or land in the Town of Islip to any person
or group of persons, or refuse to negotiate for the sale, rental or
lease of any housing accommodation or land to any person or group
of persons by reason of race, creed, color, sex, disability, familial
status, sexual orientation, age, marital status, military status or
national origin of such person or persons, or represent that any housing
accommodation or land is not available for inspection, sale, rental
or lease when in fact it is so available, or otherwise deny or withhold
any housing accommodation or any facilities of any housing accommodation
or land from any person or group of persons because of the race, creed,
color, sex, disability, familial status, sexual orientation, age,
marital status, military status or national origin of such person
or persons.
(2)
Discriminate against any person because of his race, creed, color,
sex, disability, familial status, sexual orientation, age, marital
status, military status or national origin in the terms, conditions
or privileges of the sale, rental or lease of any housing accommodation
or in the furnishing of facilities or service in connection therewith.
(3)
Print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or use any form or application for the
purchase, rental or lease of any housing accommodation or land, or
make any record or inquiry in connection with the prospective purchase,
rental or lease of any housing accommodation or land which expresses,
directly or indirectly, any limitation, specification or discrimination
as to race, creed, color, sex, disability, familial status, sexual
orientation, age, marital status, military status or national originor
any intent to make any such limitation, specification or discrimination.
B.
No
real estate broker, real estate salesperson or employee or agent thereof
or any other individual, corporation, partnership or organization,
for the purpose of inducing a real estate transaction from which any
such person or any of its stockholders or members may benefit financially,
shall:
[Amended 3-6-2012]
(1)
Engage in the practice of steering or channeling a prospective home
or property purchaser into or away from an area because of race, creed,
color, sex, disability, familial status, sexual orientation, age,
marital status, military status or national origin, whether on his
own initiative or in response to the purchaser's initiative,
or either directly or indirectly discourage the prospective buyer
from purchasing a home in a particular area because of race, creed,
color, sex, disability, familial status, sexual orientation, age,
marital status, military status or national origin.
(2)
Represent that a change has occurred or will or may occur in the
composition with respect to race, creed, color, sex, disability, familial
status, sexual orientation, age, marital status, military status or
national origin of the owners or occupants in the block, neighborhood
or area in which the real property is located, and represent, directly
or indirectly, that this change will or may result in undesirable
consequences in the block, neighborhood or area in which the real
property is located, including but not limited to the lowering of
property values, an increase in criminal or antisocial behavior or
a decline in the quality of schools or other facilities.
C.
No
person, bank, trust company, private banker, savings bank, industrial
bank, savings and loan association, credit union, investment company,
mortgage company, insurance company or other financial institution
or lender doing business in the Town of Islip (and, if incorporated,
regardless of whether incorporated under the laws of the State of
New York, the United States or any other jurisdiction), or any officer,
agent or employee thereof to whom application is made for financial
assistance for the purchase, acquisition, construction, rehabilitation,
repair or maintenance of any housing accommodation or land in the
Town of Islip, shall:
[Amended 3-6-2012]
(1)
Discriminate against any such applicant or applicants because of
the race, creed, color, sex, disability, familial status, sexual orientation,
age, marital status, military status or national origin of such applicant
or applicants, nor of any member, stockholder, director, officer or
employee of such applicant or applicants, nor of the prospective occupants
or tenants of such housing accommodations or land in the granting,
withholding, extending or renewing or in the fixing of the rates,
terms or conditions or any such financial assistance.
(2)
Use any form or application for such financial assistance or make
any record of inquiry in connection with applications for such financial
assistance which expresses, directly or indirectly, any limitation,
specification or discrimination because of race, creed, color, sex,
disability, familial status, sexual orientation, age, marital status,
military status or national origin.
D.
No person shall aid, abet, incite, compel or coerce
the doing of any of the acts forbidden under this ordinance or attempt
to do so.
E.
No person engaged in any activity to which this ordinance
applies shall retaliate or discriminate against any person because
such person has opposed any practices forbidden under this ordinance
or because such person has filed a complaint or testified or assisted
in any proceeding under this ordinance.
F.
The provisions of this section shall not apply to:
[Added 3-6-2012]
(1)
The rental of a housing accommodation in a building which contains
housing accommodations for not more than two families living independently
of each other, if the owner resides in one of such housing accommodations;
(2)
To the restriction of the rental of all rooms in a housing accommodation
to individuals of the same sex:
(3)
To the rental of a room or rooms in a housing accommodation, if such
rental is by the occupant of the housing accommodation or by the owner
of the housing accommodation and the owner resides in such housing
accommodation; or
(4)
Solely with respect to age and familial status to the restriction
of the sale, rental or lease of housing accommodations exclusively
to persons 62 years of age or older and the spouse of any such person,
or for housing intended and operated for occupancy by at least one
person 55 years of age or older per unit. In determining whether housing
is intended and operated for occupancy by persons 55 years of age
or older, the following requirements shall be met:
(a)
At least 80% of the occupied units are occupied by at least
one person who is 55 years of age or older;
(b)
The housing facility or community publishes and adheres to policies
and procedures that demonstrate the intent that the housing accommodation
be occupied by persons 55 years of age or older; and
A.
Any person who shall violate any of the provisions of § 26-4 shall, for each and every offense, be deemed guilty of a violation and, upon conviction thereof, shall be fined not less than $100 nor more than $250 or shall be imprisoned not less than five days nor more than 15 days, or may be both fined and imprisoned.
B.
Any person who sells or rents the housing accommodations
or land in question to anyone other than the complainant after notice
that a complaint of discrimination has been filed against such person
shall, upon conviction of a violation under such complaint, be fined
not less than $100 nor more than $250 or shall be imprisoned not less
than five days nor more than 15 days, or may be both fined and imprisoned.
C.
Upon conviction of a violation under this ordinance,
a violator may, after application to a court of competent jurisdiction,
be ordered to make available to the complainant the premises involved.
B.
In order to prevent the involvement of innocent third
parties in the rental or sale of housing accommodations or land in
the period after a complaint is filed but before an order or injunction
is obtained, the Town Attorney may post for 15 days a notice on the
said housing premises or land unless the person or persons charged
with discrimination agree in writing not to sell or rent during the
pendency of the action or proceeding against such person or persons.
Any person or persons who remove, cover or deface the posted notice
shall be fined not less than $100 nor more than $250 or shall be imprisoned
not less than five days nor more than 15 days, or shall be both fined
and imprisoned.
C.
In order further to prevent the rental or sale of
the housing accommodations or land in violation of this ordinance,
the Town Attorney or legal representative may seek from a court of
competent jurisdiction a temporary injunction or restraining order
to prevent the disposition of the premises to other than the complainant
during the pendency of the complaint alleging discrimination.
The invalidity of any section, paragraph, sentence,
clause, word or provision of this ordinance shall not invalidate any
other section, paragraph, sentence, clause, word or provision thereof.
This ordinance shall take effect June 1, 1968.
