[HISTORY: Adopted by the Rockland County
Legislature 4-1-1997 by L.L. No. 8-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Committee to monitor adult homes — See Ch. 9.
Homeowners' Protection Board — See Ch. 76.
[1]
Editor's Note: Former Ch. 261, Fair Housing,
adopted 12-6-1983 by L.L. No. 19-1983, as amended, was repealed 4-1-1997
by L.L. No. 7-1997.
This chapter shall briefly be known as the "Fair
Housing Law."
For the purposes of this chapter, the following
definitions shall apply to the following terms:
[Added 2-5-2019 by L.L. No. 1-2019]
A formal statement of beliefs, principles or opinions, including
but not limited to religion.
A physical or mental impairment which substantially
limits one or more of such person's major life activities; or
A record of having such an impairment or being
regarded as having such an impairment.
The term "disability" does not include current,
illegal use of or addiction to a controlled substance as defined in
Section 102 of the Controlled Substance Act (21 U.S.C.A. § 802).
Any difference in treatment based on real or perceived race,
creed, color, ethnicity, national origin, alienage or citizenship
status, sex or gender, sexual orientation, source of income, disability,
marital status, familial status, age, military status, veteran status
or status as a victim of domestic violence, sexual abuse or stalking
and shall include segregation, except that it shall not be "discrimination"
for any religious or denominational institution to devote its facilities,
exclusively or primarily, to or for members or to make such selection
as is calculated by such institution to promote the religious principles
for which it is established or maintained, except for commercial use
of such facilities, and provided that such religious or denominational
institution does not restrict its members on account of race, color
or national origin.
Includes the meanings of those terms as they are defined
in § 4, Subdivisions 4 and 5, respectively, of the Multiple
Dwelling Law of the State of New York. "Dwelling" shall also include
any vacant land which is offered for sale or lease for the construction
or location thereon of a dwelling, as previously defined.
A category of people who identify with each other based on
such similarities such as common ancestry, language, society, culture
or nation.
[Added 2-5-2019 by L.L.
No. 1-2019]
Includes any building, structure or portion thereof which
is used or occupied, or is intended, arranged or designed to be used
or occupied, as the home residence or sleeping place of one or more
human beings.
Housing provided under a state or federal program
that the Secretary of the United States Department of Housing and
Urban Development determines is designed to assist elderly people;
or
Housing intended for, and solely occupied by,
persons 62 years of age or older; or
Housing intended and operated for occupancy
by at least one person 55 years of age or older per unit where:
At least 80% of the units are occupied by at
least one person 55 years of age or older per unit; and
The publication of, and adherence to, policies
and procedures demonstrate an intent by the owner or manager to provide
housing for persons 55 years of age or older.
The housing facility or community complies with
rules issued by the Secretary of the United States Department of Housing
and Urban Development for verification of occupancy, which shall:
Provide for verification by reliable surveys
and affidavits; and
Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of Subsection C(2) of this definition. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
An individual's participation in the military service
of the United States or the military service of the state, including
but not limited to the Armed Forces of the United States, the Army
National Guard, the Air National Guard, the New York Naval Militia,
the New York Guard and such forces as may be created by the federal
or state government as authorized by law.
[Added 2-5-2019 by L.L.
No. 1-2019]
Includes physical possession by the owner and family.
[Added 2-5-2019 by L.L. No. 1-2019]
The physiological and psychological characteristics of being
male or female; and
Gender identity, self-image, appearance, behavior, or expression,
whether or not such gender identity, self-image, appearance, behavior
or expression is different from that traditionally associated with
the legal sex assigned to that person at birth.
Lawful, verifiable income derived from social security, supplemental
security income, unemployment benefits or any other form of federal,
state or local public assistance or housing assistance, grant or loan
program, including the federal housing choice voucher program, known
as "Section 8," any disability payment, and assistance, grant or loan
program from a private housing assistance organization or any payments
from pensions or annuities.
[Added 2-5-2019 by L.L.
No. 1-2019]
A period, not to exceed one year, where an owner relinquishes
possession of his housing accommodation with intent to return to said
housing accommodation within said one-year period, or less, as a permanent
domicile.
An individual's past participation in the military service
of the United States or the military services of the state, including
but not limited to the Armed Forces of the United States, the Army
National Guard, the Air National Guard, the New York Naval Militia,
the New York Guard, and such additional forces as may be created by
the federal or state government as authorized by law, with a discharge
status other than dishonorable.
[Added 2-5-2019 by L.L.
No. 1-2019]
[Added 2-5-2019 by L.L. No. 1-2019]
"Victim of domestic violence" shall mean:
Any person who has been subjected to an act or series of acts
that:
Such act or series of acts as defined in Subsection A(1) of this definition must have been committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.
Result in the actual physical, emotional or financial injury
of the person whether or not such conduct has actually resulted in
criminal charges, prosecution or conviction; or
Create a substantial risk of physical, emotional or financial
harm to such a person whether or not such conduct has actually resulted
in criminal charges, prosecution or conviction.
"Victim of sexual abuse or stalking" shall mean any person who
has been:
[1]
Editor's Note: This local law also provided
that its operative date shall be 8-1-2005.
A.
It shall be unlawful:
(1)
Except as otherwise provided in this section, for any owner, lessee,
sublessee, assignee, real estate broker, real estate salesman, managing
agent of or other person, including but not limited to those having
the right to sell, rent, lease, sublease, assign, transfer, negotiate
for or otherwise make available to any person or group of persons
such housing accommodations, to represent that such housing accommodations
are not available for inspection, when in fact they are so available,
because of the real or perceived race, creed, color, sex or gender,
sexual orientation, ethnicity, national origin, alienage or citizenship
status, source of income, disability, marital status, familial status,
age, military status, veteran status or status as a victim of domestic
violence, sexual abuse or stalking of such person or persons, or to
discriminate against any person because of his race, creed, color,
sex or gender, sexual orientation, ethnicity, national origin, alienage
or citizenship status, source of income, disability, marital status,
familial status, age, military status, veteran status or status as
a victim of domestic violence, sexual abuse or stalking in the terms,
conditions or privileges of the sale, rental, lease, sublease, assignment,
transfer or other disposition of any such housing accommodations or
in the furnishing of facilities or services in connection therewith.
[Amended 3-21-2006 by L.L. No. 10-2006; 2-5-2019 by L.L. No. 1-2019]
(2)
To make, print or publish, or cause to be made, printed or published,
any notice, statement or advertisement with respect to the sale, rental,
lease, sublease, assignment, transfer or other disposition of any
such housing accommodations that indicates any preference, limitation
or discrimination based on real or perceived race, creed, color, ethnicity,
national origin, alienage or citizenship status, sex or gender, sexual
orientation, source of income, disability, marital status, familial
status, age, military status, veteran status or status as a victim
of domestic violence, sexual abuse or stalking or an intention to
make any such preference, limitation or discrimination.
[Amended 3-21-2006 by L.L. No. 10-2006; 2-5-2019 by L.L. No. 1-2019]
(3)
For profit, to induce any person to sell or rent any dwelling by
representation regarding the entry or prospective entry into the neighborhood
of a person or persons of a particular race, creed, color, ethnicity,
national origin, alienage or citizenship status, sex or gender, sexual
orientation, source of income, disability, marital status, familial
status, age, military status, veteran status or status as a victim
of domestic violence, sexual abuse or stalking.
[Amended 3-21-2006 by L.L. No. 10-2006; 2-5-2019 by L.L. No. 1-2019]
(4)
For any person or other entity, whose business involves: a) the making
or purchasing of loans or providing other financial assistance for
purchasing, constructing, improving, repairing or maintaining a dwelling
or which is secured by residential real estate; or b) the selling,
brokering or appraising of residential real property to discriminate
against any person in making available such a transaction, as in the
terms or conditions of such a transaction, because of real or perceived
race, creed, color, ethnicity, national origin, alienage or citizenship
status, sex or gender, sexual orientation, source of income, disability,
marital status, familial status, age, military status, veteran status
or status as a victim of domestic violence, sexual abuse or stalking.
[Amended 3-21-2006 by L.L. No. 10-2006; 2-5-2019 by L.L. No. 1-2019]
(5)
To deny any person access to or membership or participation in any
multiple-listing service, real estate brokers' organization,
or other service, organization or facility relating to the business
of selling or renting dwellings, or to discriminate in the terms or
conditions of such access, membership or participation, on account
of real or perceived race, color, creed, ethnicity, national origin,
alienage or citizenship status, sex or gender, sexual orientation,
source of income, disability, marital status, familial status, age,
military status, veteran status or status as a victim of domestic
violence, sexual abuse or stalking.
[Amended 3-21-2006 by L.L. No. 10-2006; 2-5-2019 by L.L. No. 1-2019]
(6)
In regard to persons with disabilities:
(a)
To refuse to permit, at the expense of the person
with a disability, reasonable modifications of existing premises occupied
or to be occupied by the said person, if the modifications may be
necessary to afford the said person full enjoyment of the premises,
in conformity with the provisions of the New York State Uniform Fire
Prevention and Building Code, except that, in the case of a rental,
the landlord may, where it is reasonable to do so, condition permission
for a modification on the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted.
(b)
To refuse to make reasonable accommodations
in rules, policies, practices or services, when such accommodations
may be necessary to afford a person with a disability equal opportunity
to use and enjoy a dwelling including public or common areas.
(c)
In connection with the design and construction
of covered multifamily dwellings for first occupancy after March 13,
1991, a failure to design and construct dwellings in accordance with
the accessibility requirements of the New York State Uniform Fire
Prevention and Building Code, specifically the 1986 revision of ANSI
A117.1, to provide that:
[1]
The public-use and common-use portions of the
dwellings are readily accessible to and usable by disabled persons
with disabilities.
[2]
All the doors are designed in accordance with
the New York State Uniform Fire Prevention and Building Code to allow
passage into and within all premises and are sufficiently wide to
allow passage by persons in wheelchairs.
[3]
All premises within covered multifamily dwelling
units contain an accessible route into and through the dwelling; light
switches, electrical outlets, thermostats and other environmental
controls are in accessible locations; there are reinforcements in
the bathroom walls to allow later installation of grab bars; and there
are usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space, in conformity with the New York State
Uniform Fire Prevention and Building Code.
(7)
To coerce, intimidate, threaten or interfere with
any person in the exercise of, or on account of his having aided or
encouraged any other person in the exercise of, any right granted
under this chapter.
B.
Exceptions.
(1)
Nothing in Subsection A(1) of this section shall apply to any housing accommodation occupied in whole or in part by the owner and designed to accommodate three families or less, provided that any such housing accommodation shall be so exempted only if such housing accommodation is sold, rented, leased, subleased, assigned, transferred or otherwise disposed of without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of such broker, agent, salesman or person.
(2)
The provisions of this § 261-3 relating to discrimination based on age and familial status shall not apply to:
(3)
The provisions of § 261-3, except for those contained in Subsection A(2) shall not apply to any one- or two-family owner-occupied house, provided that, with respect to one-family owner-occupied house:
(a)
The single-family house must be sold or rented
by an owner.
(b)
The individual owner must not own more than
three such houses at any one time.
(c)
In the case of a sale by a nonresident owner,
this exemption applies only with respect to one sale within a twenty-four-month
period.
(d)
The owner must not own an interest in the proceeds
from the sale or rental of more than three such single-family houses
at any one time.
(e)
The sale or rental of the single-family house
must be accomplished without the use of a broker or any discriminatory
advertisement or notice.
A.
There is hereby created a Fair Housing Board. Such
board shall consist of five members who shall be appointed by the
County Executive, subject to confirmation by the Legislature, from
the membership of the Rockland County Commission on Human Rights;
one of whom shall be designated as chairperson by the County Executive.
The members and Chairperson of the Board shall serve at the pleasure
of the County Executive.
B.
Three members of the Board shall constitute a quorum
for the purpose of conducting the business thereof. A vacancy in the
Board shall not impair the right of the remaining members to exercise
all the powers of the Board. Each member of the Board shall serve
without compensation.
C.
The Commissioner of Human Rights of Rockland County
shall be the Executive Secretary of the Fair Housing Board.
The Board shall formulate policies to effectuate
the purposes of this chapter and may make recommendations to agencies
and officers of the County in aid of such policies and purposes.
The Board shall have the following functions,
powers and duties:
A.
To establish and maintain its principal headquarters
at the office of the Rockland County Commission on Human Rights.
B.
To adopt, promulgate, amend and rescind suitable rules
and regulations to carry out the provisions of this chapter and the
policies and practices of the Board.
C.
To receive, investigate and conciliate complaints
and to pass upon the validity of complaints alleging violation of
this chapter.
D.
To hold hearings, subpoena witnesses and compel their
attendance, administer oaths, take the testimony of any person under
oath and, in connection therewith, to require the production for examination
of any books or papers relating to any matter under investigation
or in question before the Board.
E.
To issue and to have served cease-and-desist orders
and orders dismissing complaints and to pass upon compliance with
such orders.
F.
To render each year to the County Legislature a full
written report of all of its activities and its recommendation.
G.
To adopt an official seal.
H.
The authority to request the assistance of the Rockland
County Department of Law in carrying out the purposes of this chapter,
which includes the ability to seek temporary injunctive relief pending
the completion of an investigation.
I.
To appoint one or more hearing officers as shall be
necessary to carry out its functions and duties. The hearing officer
shall have the same powers possessed by the Board to hold and conduct
hearings. The hearing officer shall function under the supervision
of the Board and shall make findings of fact and recommendation to
the Board.
A.
Any person claiming to be aggrieved by a violation of § 261-3 hereof may, by himself or herself or by his or her attorney at law, make, sign and file with the Executive Secretary of the Board a written, verified complaint which shall state the name and address of the owner or other person alleged to have committed the violation complained of and shall set forth the particulars of the alleged violation and such other information as may be required by the Board. Such complaint shall be filed within 180 days after the alleged act of discrimination.
B.
After the filing of any complaint, the Executive Secretary
of the Fair Housing Board, acting for the Board, shall within 30 days
after receipt make a prompt investigation in connection therewith.
The Executive Secretary shall determine, after such investigation,
whether it has jurisdiction and, if so, whether there is probable
cause for crediting the allegations of the complaint. He or she may
at any time after the filing of the complaint endeavor to eliminate
the alleged unlawful discriminatory practice by conference, conciliation
and persuasion. If the Secretary is unable to complete the investigation
within 100 days after the filing of the complaint, the Secretary shall
notify the complainant and respondent, in writing, of the reasons
for not doing so. Neither the Executive Secretary of the Fair Housing
Board nor any member of the Board shall disclose what has transpired
in the course of such endeavors except to other members of the Board.
The chairperson of the Legislature and the members of the County Legislature
may be advised upon completion of the proceeding, but the advice of
the County Attorney may be sought at any time.
C.
Hearing procedure.
(1)
In case of failure to eliminate such practice, or
in advance thereof if circumstances so warrant, the Executive Secretary,
acting for the Board, shall cause to be issued and served, in the
name of the Legislature, a written notice, together with a copy of
such complaint and information concerning procedural rights, which
includes the right to answer the allegations prior to the completion
of the investigation, to the person alleged to have committed the
violation complained of, hereinafter referred to as the "respondent."
This party will have to answer the charges of such complaint at a
hearing before a hearing examiner, or a jury trial prosecuted at government
expense at the election of either party, at a time and place to be
specified in such notice. The place of any such hearing shall be the
office of the Board or such other place as may be designated by it.
The evidence in support of the complaint shall be presented by the
administrative agency on behalf of the complainant. The aforesaid
endeavors at conciliation shall not be received in evidence. The respondent
may file a written verified answer to the complaint and appear at
such hearing in person or otherwise, with or without counsel, and
submit testimony. In the discretion of the hearing examiner the complainant
may be allowed to intervene and present testimony in person or by
counsel. The Board or the complainant shall have the power reasonably
and fairly to amend any complaint, and the respondent shall have like
power to amend his or her answer. The Board shall not be bound by
strict rules of evidence prevailing in courts of law or equity. The
testimony taken at the hearing shall be under oath and recorded. If,
upon all the evidence at the hearing the Board shall find that a respondent
has engaged in any unlawful discriminating practice, as defined in
this chapter, the Board shall state the findings of fact and shall:
(a)
Issue and cause to be served on such respondent
an order requiring such respondent to cease and desist from such unlawful
discriminatory practice.
(b)
Require such respondent to take such affirmative
action as may be indicated to effectuate the provisions of this chapter.
(c)
Award compensatory damages to the person aggrieved
of such practice.
(d)
Award punitive damages to the person aggrieved
by such practice.
(e)
Require a report of the manner of compliance
within one year from the beginning of the complaint. If a respondent
has not engaged in any such unlawful discriminatory practice, the
Board shall state its findings of fact and shall issue and cause to
be served on the complainant an order dismissing said complaint as
to such respondent. A copy of its order shall be delivered, in all
cases, to the County Executive and the chairperson of the County Legislature.
Any person aggrieved by a final order for relief under this section
granting or denying in whole or in part the relief sought may obtain
a review of such order.
(2)
The Board shall establish rules of practice to govern,
expedite and effectuate the foregoing procedure and its own actions
thereunder.
D.
An aggrieved person may commence a civil action in
a United States District Court or State Court not later than two years
after the occurrence or the termination of an alleged discriminatory
housing practice, or the breach of a conciliation agreement entered
into under this title, whichever occurs last, to obtain appropriate
relief. The two-year period shall not include time during which an
administrative proceeding under this title was pending. A civil action
may be commenced under this subsection whether or not a complaint
has been filed under the section, but no action may be filed with
respect to the alleged discriminatory housing practice if the aggrieved
has already consented to a conciliation agreement, unless his purpose
is to enforce the terms of such an agreement. The court may appoint
an attorney for the aggrieved person or authorize the continuation
of the civil action without the payment of costs if it finds such
person unable to bear those costs. If the court finds that a discriminatory
housing practice has occurred, or is about to occur, the court may
award actual or punitive damages and grant any permanent or temporary
injunction, temporary restraining order or other order unless this
relief affects any contract, sale, encumbrance or lease consummated
before the granting of such relief. The court may allow the prevailing
party a reasonable attorney's fee and costs. Upon timely application,
the Attorney General may intervene in such civil actions, if the Attorney
General certifies that the case is of general public importance.
[Amended 3-21-2006 by L.L. No. 10-2006[1]]
The provisions of §§ 261-4 through 261-7 of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained herein shall be deemed to repeal any of the provisions of the Civil Rights Law or any law of this state relating to discrimination because of real or perceived race, creed, color, sex, sexual orientation, national origin, disability, marital status, familial status or age. If an aggrieved individual institutes a civil court action while the procedure herein provided is pending, the procedure herein provided shall continue, but only up to the point where the civil court action is brought to trial. If such individual institutes any civil court action based on such grievance without resorting to the procedure provided in this chapter, he or she may not subsequently resort to the procedure herein.
[1]
Editor's Note: This local law also provided
that its operative date shall be 8-1-2005.
