[HISTORY: Adopted by the Board of Trustees of the Village of Canton 9-20-1993 by L.L. No. 6-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 248.
It is the policy of the Village of Canton to provide, within constitutional limitations, for fair housing throughout the village. It is the policy of the Village of Canton that no person shall discriminate against any individual in the sale, rental, advertising, financing, provision of brokerage services or appraisal of housing within the Village of Canton.
As used herein, the following terms shall have the meanings indicated:
DISCRIMINATORY HOUSING PRACTICE
An act that is unlawful under this chapter.
DWELLING
Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILY
Includes a single individual.
PERSON
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
TO RENT
Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
A. 
It shall be unlawful to refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling within the Village of Canton to any person because of race, color, religion, sex, sexual orientation, handicap, familial status or national origin.
B. 
It shall be unlawful to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling in the Village of Canton, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, sexual orientation, handicap, familial status or national origin.
C. 
It shall be unlawful to make, print or publish or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling within the Village of Canton, which indicates any preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, handicapped, familial status or national origin or an intention to make any such preference, limitation or discrimination.
D. 
It shall be unlawful to represent to any person because of race, color, religion, sex, sexual orientation, handicap, familial status or national origin that any dwelling within the Village of Canton is not available for inspection, sale or rental when such dwelling is in fact so available.
E. 
It shall be unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling within the Village of Canton by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, sexual orientation, handicap, familial status or national origin.
A. 
It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions within the Village of Canton to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, sexual orientation, handicap, familial status or national origin.
B. 
As used in this section, the term "residential real estate related transaction" means any of the following:
(1) 
The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling.
(2) 
The making or purchasing of loans or providing other financial assistance secured by residential real estate.
(3) 
The selling, brokering or appraising of residential real property.
C. 
Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, sexual orientation, handicap or familial status.
It shall be unlawful to deny any person access to a 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 within the Village of Canton, or to discriminate against such person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, sexual orientation, handicap, familial status or national origin.
Nothing in this chapter shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates within the Village of Canton for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates within the Village of Canton for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
There shall be appointed by the Mayor, subject to approval of the Village Board of Trustees, a Fair Housing Officer for the Village of Canton. The duties of the Fair Housing Officer shall be:
A. 
To become knowledgeable in the fair housing provisions of federal, state and local laws.
B. 
To conduct an analysis of barriers to equal housing opportunity (as per 24 CFR 570.904[c]).
C. 
To develop a strategy to overcome any barriers.
D. 
To review the local policy for impact on housing choice.
E. 
To compile fair housing information and make it available to interested persons.
F. 
To make provision for the dissemination of information regarding fair housing to the residents of the Village of Canton from time to time as such material becomes available.
G. 
To receive all complaints from residents of the Village of Canton with respect to any alleged discrimination on the basis of race, color, religion, sex, sexual orientation, handicap, familial status or national origin in the sale, rental, advertising, financing, provision of brokerage services or appraisal of housing within the Village of Canton.
H. 
Upon receipt of such complaints, to make appropriate referrals of such complaints to the New York State Division of Human Rights, the New York State Attorney General's Office and the United States Department of Housing and Urban Development.
I. 
To maintain a record of actions taken pursuant to this plan.
A. 
Violations of this chapter shall be reported in person or in writing to the village's Fair Housing Officer within a year of the alleged discriminatory housing practice.
B. 
Where sufficient cause exists to believe that the terms of this chapter have been violated, the Village Attorney shall institute a suit in Village Court against the alleged violator within 120 days following the issuance of the charge.
C. 
Where a person has been found, after a trial on the merits, in violation of this chapter, a fine shall be imposed on such person not to exceed $500 for a first offense, $1,000 for a second offense and $1,500 for a third offense. The minimum fine shall be $100. Each and every separate violation of this chapter shall be deemed an offense for the purposes of imposing the appropriate fine.