[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-3-2005 by L.L. No. 4-2005]
For the purpose of providing and ensuring fair housing opportunities
for all within the Village of Cazenovia and prohibiting discrimination on
the basis of race, color, religion, sex, handicap, familial status, or national
origin in the sale, rental, or advertising of dwellings, in the provision
of brokerage services, or in the availability of residential real-estate-related
transactions, the Board of Trustees of the Village of Cazenovia, in the County
of Madison, State of New York, under the authority of the General Municipal
and the Village Laws, hereby obtains, enacts, and publishes this article.
A.
General. For the purpose of this article only, certain
words or phrases herein shall be interpreted as follows, except where the
context clearly indicates the contrary: Words used in the singular include
the plural, words in the present tense include the future tense, and the word
"shall" is always mandatory.
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILY
PERSON
TO RENT
Specific words or phrases. For the purpose of this article,
the terms or words herein shall be defined as follows:
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.
Includes a single individual.
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.
Includes to lease, to sublease, to let and otherwise to grant for
a consideration the right to occupy premises not owned by the occupant.
Except as exempted by § 105-6 of this article, it shall be unlawful within the Village of Cazenovia:
A.
To refuse to sell or rent after the making of a bona
fide offer, to refuse to negotiate for the sale or rental of, or otherwise
to make unavailable or deny a dwelling to any person because of race, color,
religion, sex, handicap, familial status, or national origin.
B.
To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision of services
or facilities in connection therewith, because of race, color, religion, sex,
handicap, familial status, or national origin.
C.
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 that indicates any preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin or an intention to make such preference, limitation, or
discrimination.
D.
To represent to any person because of race, color, religion,
sex, handicap, familial status, or national origin that any dwelling is not
available for inspection, sale, or rental, when such dwelling is in fact so
available.
E.
For profit, to induce or attempt to induce any person
to sell or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular race, color,
religion, sex, handicap, familial status, or national origin.
It shall be unlawful within the Village of Cazenovia for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance, or the purpose of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 105-6 of this article.
It shall be unlawful within the Village of Cazenovia to deny any person
access to or membership or participation in any multiple-listing service,
real estate broker's organization, or other services, organization, or
facility relating to the business of selling or renting dwellings, or to discriminate
against him in the terms or conditions of such access, membership, or participation,
on account of race, color, religion, sex, handicap, familial status, or national
origin.
[Amended 5-1-2006 by L.L. No. 1-2006]
Nothing in this article 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 that
it owns or operates 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, sex, handicap, familial
status, or national origin. Nor shall anything in this article prohibit a
private club not in fact open to the public, which as an incident to its primary
purpose or purposes provides lodgings that it owns or operates 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.
A.
Authority and responsibility. The authority and responsibility
for publicizing, administering, and enforcing this article shall be the Village's
Fair Housing Officer, who, unless otherwise designated by the Mayor, shall
be the Zoning Enforcement Officer of the Village of Cazenovia.
B.
Violations. Violations of this article shall be reported
in person or in writing to the Village's Fair Housing Officer within
a year of the alleged discriminatory housing practice.
C.
Enforcement. Where reasonable cause exists to believe
that the terms of this article have been violated, the Fair Housing Officer
shall institute a suit in Village Court against the alleged violator within
120 days following the issuance of the charge.
D.
Penalties. Where a person has been found, after a trial
on the merits, in violation of this article, a fine shall be imposed on such
person or organization not to exceed $1,000 for a first offense, $2,500 for
a second offense and $5,000 for third and subsequent offenses. The minimum
fine for violations of this article shall be $500 for a first offense and
$1,000 for each additional offense. Each and every separate violation of this
article shall be deemed an offense for the purpose of imposing the appropriate
fine.
A.
Amendment. The Board of Trustees may, on its own initiative
or on petition, amend, supplement, or repeal the provisions of this article
in conformity with applicable laws after public notice and hearing.
B.
Interpretation. In their interpretation and application,
the provisions of this article shall be held to the minimum requirements,
adopted for the promotion of the public health, morals, safety or the general
welfare. Whenever the requirements of this article are at variance with the
requirements of any other lawfully adopted rules, regulations or statutes,
the most restrictive, or that imposing the highest standards, shall govern.
C.
Validity. The invalidity of any section or provision
of this article shall not invalidate any other section or provision thereof.
D.
Short title. This article shall be known and may be cited
as "The Village of Cazenovia Fair Housing Law."
