[HISTORY: Adopted by the Town Board of the Town of Goshen 11-21-1985
by L.L. No. 6-1985. Amendments noted where applicable.]
This chapter shall briefly be known as the "Fair Housing Local Law."
For the purpose of this chapter, the following definitions shall apply
to the following terms:
Any difference in treatment based on race, creed, color, national
origin or ancestry, including 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 of its own religion or denomination
or to give preference to such members or to make such selection as is calculated
by such institution to promote the religious principles for which it is established
or maintained.
Includes this term as it is defined in § 4, Subdivision
4, of the Multiple Dwelling Law of the State of New York.
Includes this term as it is defined in § 4, Subdivision
5, of the Multiple Dwelling Law of the State of New York.
Includes any building, structure or portion thereof which is used
or occupied, as the home, residence or sleeping place of one or more human
beings.
Includes physical possession by the owner and/or his family or technical
possession by retention of title and nonreliquishment of possession to someone
else by rental or otherwise.
A period not to exceed one year where an owner relinquishes possession
of his housing accommodation for a period not exceeding one year with intent
to return to said housing accommodations within said one-year period, or less,
as a permanent domicile.
A.
Except as otherwise provided in this section, no lessee,
sublessee, assignee, real estate broker, real estate salesman, managing agent
or commercial lender, such as banks, savings and loan associations and insurance
companies, or other person who rents, leases, subleases, assigns, transfers,
finances or otherwise disposes of housing, or an agent of these shall:
(1)
Refuse to sell or rent to, deal or negotiate with any
person.
(2)
Discriminate in terms or conditions for buying or renting
housing.
(3)
Discriminate by advertising that housing is available
only to persons of a certain race, color, religion, sex or national origin.
(4)
Deny that housing is available for inspection, sale or
rent when it really is available.
(5)
Blockbust for profit; i.e., persuade owners to sell or
rent housing by telling them that minority groups are moving into the neighborhood.
(6)
Deny or make different terms or conditions for home loans
by commercial lenders, such as banks, savings and loan associations and insurance
companies.
(7)
Deny to anyone the use or participation in any real estate
services, such as brokers' organizations, multiple listing services or other
facilities related to the selling or renting of housing.
B.
Housing types covered by the Fair Housing Laws.
(1)
Any single-family house sold or rented by an owner, provided
that:
(a)
Such private individual owner does not own more than
three such single-family houses at any one time.
(b)
In the case of the sale of any such single-family house
by a private individual owner not residing in such house at the time of such
sale, or who was not the most recent resident of such house prior to such
sale, the exemption granted by this subsection shall apply only with respect
to one such sale within any twenty-four-month period.
(c)
Such private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express or voluntary
agreement, title to or any right to all or a portion of the proceeds from
the sale or rental of more than three such single-family houses at any one
time.
(d)
After December 31, 1969, the sale or rental of any such
single-family house shall be excepted from the application of this chapter
only if such house is sold or rented:
[1]
Without the use in any manner of the sales or rental
facilities or the sales or rental 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 any such broker,
agent, salesman or person.
(2)
Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of such living
quarters as his residence.
There is hereby appointed a Fair Housing Officer. Such Officer shall
be appointed by the Supervisor with the advice and consent of the Town Board.
The person appointed shall be a resident of the Town of Goshen and shall serve
without compensation. He or she may be removed by the Supervisor with the
consent of the Town Board for inefficiency, neglect of duty, excessive absenteeism,
misconduct or malfeasance in office, after being given a written statement
of the charges and an opportunity to be heard thereon.
The Fair Housing Officer shall have the following functions, powers
and duties:
A.
To establish and maintain its principal office at the
Town Hall.
B.
To formulate policies, rules and procedures and the necessary
forms required to carry out the purposes of this chapter.
C.
To issue such publications and such results of investigations
and research as in his or her judgement will tend to promote good will and
minimize or eliminate discrimination because of race, color, religion, sex
or national origin.
D.
To consult with local realtors, housing developers and
home-builders and commercial lenders on their fair housing responsibilities.
E.
To review existing and proposed revisions to local land
use plans and controls to determine any inconsistencies with the purposes
of this chapter.
F.
To investigate all complaints alleging violations of
this chapter.
G.
To submit each year to the Supervisor and to the Town
Board a full written report of all fair housing activities and such recommendations
as may be required to better effectuate the purposes of this chapter.
A.
The Orange County Legislature has established an Orange
County Human Rights Commission whose charge it is in part to foster mutual
respect and understanding among all racial, religious and nationality groups
in Orange County.
B.
Additionally, the Commission is charged with the power
to receive complaints of alleged discrimination because of race, creed, color
or national origin and to seek solutions to such complaints.
A.
Any person claiming to be aggrieved by a violator of § 59-3 hereof may, by him or herself or his or her attorney-at-law, make, sign and file with the Fair Housing Officer a written verified complaint which shall state the name and address of the owner or other person alleged to have committed the act of discrimination complained of and shall set forth the particulars of the alleged violation and such other information as may be required by the Officer or Board. Such complaint shall be filed within 60 days after the alleged act of discrimination.
B.
After the filing of a complaint, the Fair Housing Officer
shall make a prompt investigation in connection therewith. If, after such
investigation, the Officer determines that probable cause exists for crediting
the allegations of the complaint, he or she shall immediately endeavor to
eliminate the unlawful discriminatory practice, and the Officer shall state
his or her finding of fact and shall issue and cause to be served on the complainant
an order dismissing said complaint as to such respondent.
C.
In case of failure to eliminate the unlawful discriminatory
practice complained of, he or she shall cause to be issued and served in the
name of the Orange County Human Rights Commission, a written notice, together
with a copy of such complaint, hereinafter referred to as "respondent." to
answer the charges of such complaint at a hearing before the Commission, at
a time and place specified in such notice. The case in support of the complaint
shall be presented by the complainant or his attorney. The Fair Housing Officer
shall not participate in the hearing except as a witness. Nor shall be or
she participate in the deliberation of the Commission in such case; and the
aforesaid endeavor at conciliation and persuasion 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. The Commission, or the complainant, shall have the power
to reasonably and fairly amend any complaint and the respondent shall have
like power to amend his answer. The Commission shall not be bound by the 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 Commission shall find that a respondent has engaged in
any unlawful discriminatory practice as defined in this chapter, the Commission
shall state its findings of fact and shall issue and cause to be served on
such respondent an order requiring such respondent to cease and desist from
such unlawful discriminatory practice and to take such affirmative action
as may be indicated to effectuate the provisions of this chapter. If, upon
all the evidence, the Commission shall find that a respondent has not engaged
in any such unlawful discriminatory practice, the Commission shall state its
finding 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 Fair Housing Officer.
The provisions of this chapter shall be construed liberally for the
accomplishment of the purposes thereof. Nothing contained in this chapter
shall be deemed to repeal any of the provisions of the civil rights laws or
any other law of this state relating to discrimination because of race, creed,
color or national origin. The procedure herein provided shall, while pending,
be exclusive, and the final determination therein shall exclude any other
action, civil or criminal, based on the same grievance of the individual concerned.
If such individual institutes any action based on such grievance without resorting
to the procedure provided in this chapter, he may not subsequently resort
to the procedure herein.