Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 4-1-1970 as L.L. No. 1-1970 (Ch. 38 of 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Tenant protection — See Ch. 202.

§ 86-1 Findings and purpose. [1]

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, national origin, sex, sexual preference or disability threaten the fundamental rights and privileges of residents and/or those seeking residency in the Town of Mamaroneck and undermine the foundations of a free, democratic state. The Town Board further declares it to be public policy of the Town of Mamaroneck to eliminate and prevent discrimination and segregation based on race, creed, color, national origin, sex, sexual preference or disability and to safeguard the right of every person to sell, purchase, lease or rent or obtain financing for the purchase or lease of land and housing accommodations without regard to race, creed, color, national origin, sex, sexual preference or disability. 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 manner, consistent with law, that all discrimination be prevented.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 86-2 Definitions.

For the purpose of this chapter, the terms used herein are described as follows:
COUNSEL TO THE TOWN
The Counsel to the Town or other attorney at law acting on behalf of the Town of Mamaroneck.
EFFECT THE ELIMINATION OF THE DISCRIMINATORY PRACTICE
The respondent shall make the specific housing accommodation available to the complainant.
HOUSING ACCOMMODATION
Any place in which human habitation is permitted by town ordinances.
NATIONAL ORIGIN
Includes ancestry.
PERSON
One or more individuals, partnerships, associations, corporations, legal representatives and successors, trustees in bankruptcy or receivers. The plural shall include the singular and vice versa.
RESPONDENT
Any person charged with a violation of the provisions of this chapter.
TOWN OF MAMARONECK
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.

§ 86-3 Certain acts prohibited.

A. 
[1]No person or agent acting on behalf of any person shall:
(1) 
Refuse to sell, rent or lease any housing accommodation or land in the Town of Mamaroneck to any person or persons or refuse to accept an application from or negotiate for the sale, rental or lease of any housing accommodation or land to any 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 persons because of race, creed, color, national origin, sex, sexual preference or disability of such person or persons. The provisions of this § 86-3A(1) shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families who live independent of each other if the owner or members of his family reside in one of such housing accommodations or to the rental of a room or rooms in a housing accommodation designed for a one-family occupancy if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation.
(2) 
Discriminate against any person because of his race, creed, color, national origin, sex, sexual preference or disability in the terms, conditions or privileges of the sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) 
Print or circulate or cause to be printed or circulated any statement, advertisement or publication or use any form of application for the purchase, rental or lease of any housing accommodation or land or make any record of 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, national origin, sex, sexual preference or disability or any intent to make any such limitation, specification or discrimination.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
[2]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 Mamaroneck (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 Mamaroneck shall:
(1) 
Discriminate against any such applicant or applicants because of the race, creed, color, national origin, sex, sexual preference or disability of such applicant or applicants or of any member, stockholder, director, officer or employee of such applicant or applicants or of the prospective occupants or tenants of such housing accommodation 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, national origin, sex, sexual preference or disability.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
No person shall aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter or attempt to do so.
D. 
No person engaged in any activity to which this chapter applies shall retaliate or discriminate against any person because such person has opposed any practices forbidden under this chapter or because such person has filed a complaint, testified or assisted in any proceeding under this chapter.

§ 86-4 Enforcement.

A. 
The Counsel to the Town of the Town of Mamaroneck is authorized to receive at all times verified complaints setting forth, in writing, the following: the name and address of the property owner; the address of the property involved; the name and address of the individual, agent or lending institution which allegedly engaged in one of the acts prohibited by § 86-3 of this chapter; and a detailed statement describing the alleged prohibited act.
B. 
Upon receipt of such complaint, the Counsel to the Town shall forthwith serve copies thereof upon the following:
(1) 
The respondent.
(2) 
The Town of Mamaroneck Commission on Human Rights.
(3) 
The New York State Division of Human Rights.
(4) 
The United States Civil Rights Division of the Justice Department.
C. 
Immediately after receipt of the complaint, but no later than three business days thereafter, the Counsel to the Town shall conduct an investigation to determine whether the complaint has merit and, if he finds such to be the case, shall attempt to obtain from the respondent a written agreement to withhold the housing accommodation in question from sale or rental for a reasonable period pending disposition of the complaint and, by conference and conciliation, to effect the elimination of the discriminatory practice. The Town of Mamaroneck Commission on Human Rights may participate in such investigation in such manner as it may deem to be proper.
D. 
The Counsel to the Town is hereby authorized to apply to a court of competent jurisdiction for a restraining order or temporary injunction, or both, to compel compliance with or prevent a breach of this chapter.
E. 
If the respondent agrees to the elimination of the discriminatory practice, such agreement shall be reduced to writing, shall be subscribed by the respondent and shall contain a provision that the respondent will refrain from the commission of discriminatory practices in the future and may contain such further provisions as are agreed upon between the respondent and the Counsel to the Town. Any such agreement shall be subject to ratification by the Commission on Human Rights. The Counsel to the Town shall not otherwise disclose what has transpired in the course of such endeavors, except as provided in § 86-4F immediately following.
F. 
In the event that conference and conciliation fail to produce an agreement for the elimination of the discriminatory practice, the Counsel to the Town shall promptly seek the imposition of a fine, as hereinafter provided, for any violation of this chapter and may, at the request of the complainant, refer the entire record of the proceedings conducted by his office to the New York State Division on Human Rights for appropriate action.

§ 86-5 Penalties for offenses.

A. 
Any person who shall engage in any of the acts prohibited by § 86-3 of this chapter, as hereinabove defined, shall be subject to a fine for the first offense of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed five days, or both, and for each and every subsequent offense shall be subject to a fine of not less than $1,000 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who shall execute a verified complaint falsely charging another with any of the prohibited acts, as hereinabove defined, knowing such charge to be false, shall be subject to a fine of not more than $500.