[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 11-24-1980
by L.L. No. 3-1980. Amendments noted where applicable.]
The Board of Trustees hereby finds and declares it to be the public
policy of the Village of Chittenango to promote fair dealing concerning residential
housing properties, to maintain community stability and security and to foster
racial and social harmony. This chapter is adopted in order to reinforce this
policy and to supplement the federal and state laws pertaining to fair housing.
A.
DISCRIMINATE
FAIR HOUSING OFFICER
FAMILY
HANDICAP
HOUSING ACCOMMODATION
HOUSING PROPERTY
LEASE
LENDING INSTITUTION
MARITAL STATUS
OWNER
PERSON
Definitions. When used in this chapter, the following
terms shall have the meanings indicated:
To extend differential treatment on the basis of race, creed, color,
national origin, sex, handicap or marital status, and including discrimination
because of the race, color, creed, national origin, sex, handicap or marital
status of friends and associates.
The Director of Community Development in the Village of Chittenango.
Includes single individual.
Includes a bodily or mental disablement which may be the result of
injury, illness or congenital condition for which reasonable accommodation
can be made.
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.
Any building, structure or portion thereof within the Village of
Chittenango which is occupied as or designed and intended for occupancy as
a residence by one or more families, or any vacant land which is offered for
sale or lease for the construction or location thereon of any such building
for such purpose.
Includes sublease, assignment and rental and includes any contract
to do any of the foregoing.
Any bank, insurance company, savings and loan association or other
person in the business of obtaining, arranging or negotiating loans or guaranties
as agent or broker, and any person in the business of buying or selling loans
or instruments for the payment of money which are secured by title to or a
security interest in a housing property, but shall not include any religious
institution or organization nor any charitable or educational organization
operated, supervised or controlled by a religious institution or organization.
Includes the state of being married, single, divorced, separated
or widowed and the usual conditions associated therewith, including pregnancy
or parenthood.
Any person or any one of a number of persons in whom is vested all
or any part of the legal or equitable ownership or title to any dwelling.
Includes one or more individuals, partnerships, associations, corporations,
legal representative and successors, and any other organization or entity
of whatever character.
B.
Word usage. Words in the masculine gender include the
feminine; words in the plural include the singular; words in the singular
number include the plural.
A.
No person, firm, corporation, partnership, agent or other
entity which receives or expects to receive pecuniary gain from the sale or
rental of housing property shall:
(1)
Refuse to sell, lease, rent, furnish services or otherwise
deny or withhold any housing accommodation constructed or to be constructed
in the Village of Chittenango to any person, or refuse to negotiate for the
lease or rental of housing accommodation in the Village of Chittenango, or
otherwise make such property unavailable, to any person, by reason of race,
creed, color, national origin, sex, handicap or marital status of such person.
(2)
Represent to any person that any housing property in
the Village of Chittenango is not available for inspection, sale or rental
when such housing property is in fact so available.
(3)
Discriminate against any person because of his race,
creed, color, national origin, sex, handicap or marital status in the terms,
conditions or privileges of the sale, rental or lease of any housing accommodation
constructed or to be constructed.
(4)
Discriminate in the furnishing of information, services
or facilities to any person in connection with the sale or rental of housing
property because of the race, creed, color, national origin, sex, handicap
or marital status of such person.
(5)
Print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or use any form or application
for the purchase, lease or rental of any housing accommodation, or make any
record or inquiry in connection with the prospective purchase, lease or rental
of any housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national
origin, sex, handicap or marital status, or any intent to make any such limitation,
specification or discrimination.
(6)
Display listings or show prospective purchasers or renters
housing property within the Village of Chittenango for sale or lease on the
basis of race, creed, color, national origin, sex, handicap or marital status,
or display listings or show prospects units for sale or lease in areas of
the village based on race, creed, color, national origin, sex, handicap or
marital status.
(7)
Induce housing properties transactions from which any
such person may benefit financially, by representing that a change has occurred
or will or may occur in the composition of the block, neighborhood or area
with respect to the race, creed, color, national origin, sex, handicap or
marital status of the owners or occupants in the block, neighborhood or area
in which the real property is located, and represent, directly or indirectly,
that this change will or may result in undesirable consequences in the block,
neighborhood or area in which the real property is located, including but
not limited to the physical deterioration of dwellings, the lowering of property
values, an increase in criminal or antisocial behavior or a decline in the
quality of schools or other facilities.
B.
It shall be unlawful for any real estate broker or dealer
or any agent or employee of a real estate broker or dealer to influence or
attempt to influence any other person who purports or represents himself to
be a prospective purchaser, seller, occupant or tenant or landlord of real
property to purchase, sell or rent or to refrain from purchasing, renting
or selling real property by referring to the race, creed, color, national
origin, sex, handicap or marital status of occupants or prospective occupants
of other real property in the area.
C.
No bank, trust company, savings bank, savings and loan
association or other lending institution, insurance company, finance company
or financial services company to whom application is made for financial assistance
for the purchase, acquisition, construction, improvement, repair or maintenance
of housing property within the Village of Chittenango on behalf of such person
shall discriminate against any applicant because of race, creed, color, national
origin, sex, handicap or marital status in the granting, withholding, extending
or renewing or in the fixing of the amount, interest rate, duration or other
terms or conditions of any such financial assistance, nor shall any such institution
refuse financial assistance because such housing accommodation lies in a particular
area of the village, if real property is located within the geographic area
ordinarily served by such bank or within the community in which the principal
or any branch office of such bank is located. For the purpose of this section,
discrimination shall include refusal to make loans, differentiating in the
type or terms of loans, including interest rates, charges to buyer and seller,
duration and amount of loans, influencing appraisals in connection with loans
or delaying of loan applications.
D.
No person shall aid, abet, incite, compel or coerce the
doing of any of the acts forbidden hereinabove, or attempt to do so. This
section may be enforced by appropriate civil actions.
E.
No person engaged in any of the prohibited acts as hereinabove
defined shall retaliate or discriminate against any person because such person
has filed a compliant, testified or assisted in any proceeding under this
chapter.
A.
Nothing in this chapter shall be construed to apply to:
(1)
The rental of a housing accommodation in a building which
contains housing accommodations for not more than two families living independently
of each other if the owner or members of his family reside in one of such
housing accommodations.
(2)
The restriction of the rental of all rooms in a housing
accommodation to individuals of the same sex.
(3)
The rental of a room or rooms in a housing accommodation
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.
B.
This chapter shall in no manner prevent the requirement
for additional structural, emergency alarm and/or fire prevention precautions
as may be required by any local ordinance or code of the Village of Chittenango,
nor shall it be interpreted to prevent enforcement of local building code
and zoning requirements[1] and use limitations for special residence facilities, as defined
by local law; nor shall such chapter be interpreted to allow for any unilateral
change in occupancy or creation of special occupancy uses licensed or regulated
by the State of New York, without first obtaining all required permits and
certificates of occupancy to ascertain full compliance with local laws and
building codes.
C.
Nothing in this chapter shall require an owner to offer
for sale or lease real property to the public at large, nor shall this chapter
be deemed to prohibit discrimination for any reason other than race, creed,
color, national origin, sex, handicap or marital status and not otherwise
prohibited by law.
A.
Duty of the Fair Housing Officer. It shall be the duty
of the Fair Housing Officer to initiate, receive and investigate written complaints
charging discrimination, make findings of fact, seek conciliation of such
fact or complaint, seek compliance by violators and take all other actions
as authorized by law.
B.
Filing of complaints.
(1)
Any person aggrieved in any manner by a violation of
any clause or provision of this chapter may file a written complaint with
the Fair Housing Officer or his designee. The complaint shall be addressed
to the Fair Housing Officer and shall state:
(a)
The name and address of the complainant.
(b)
The name and address of the person or persons against
whom the complaint is brought, if known to the complainant.
(c)
The address of the property involved.
(d)
The name and address of all persons concerning the alleged
violation.
(e)
The facts surrounding the alleged violation of this chapter.
(f)
Such other information as may be required by the Fair
Housing Officer.
(2)
The Fair Housing Officer shall provide a printed form
of complaint for the use of aggrieved persons. No fee shall be charged for
the filing of the complaint.
(3)
Any complaint shall be barred from consideration unless
it is filed with the Fair Housing Officer or his designee within six months
after the alleged discriminatory practice has occurred. The Fair Housing Officer
may extend the time for filing the complaint for an additional 60 days from
the date filing would ordinarily have expired when conciliation efforts are
pending.
C.
Investigation and conciliation of complaints.
(1)
The Fair Housing Officer shall furnish a copy of the
complaint to the person or persons against whom the complaint is brought,
in person or by certified mail, within five business days of receipt of the
complaint from the complainant.
(2)
The Fair Housing Officer shall investigate the complaint
and determine whether or not, in his opinion, probable cause exists for believing
that the allegations made in the complaint are true.
(3)
If after such investigation the Fair Housing Officer
determines that probable cause does not exist to believe that the allegations
made in the complaint are true, he shall dismiss the complaint and shall so
notify the complainant and all other parties interested.
(4)
If after such investigation the Fair Housing Officer
determines that probable cause does exist to believe that the allegations
made in the complaint are true, he shall set a date for a conference and notify
the parties of the time and place thereof. At such conference, the Fair Housing
Officer shall interview the complainant and the person or persons against
whom the complaint has been directed and shall attempt to resolve the complaint
by conciliation.
(5)
The Fair Housing Officer is authorized to hold closed
meetings for conciliation of complaints of discrimination brought pursuant
to this chapter. Nothing said or done in the course of such meetings shall
be made public by the Fair Housing Officer, the complainant or by any other
party to the proceedings without the written consent of all persons concerned.
(6)
If the Fair Housing Officer has been unable to secure
voluntary compliance and if he has made a determination of the probable occurrence
of one or more of the prohibited acts as hereinabove defined, the Fair Housing
Officer may request the Village Attorney to institute and maintain an action
provided for below. The Village Attorney shall, within 30 days of such request,
make a determination as to whether to proceed with such action. If the Village
Attorney determines to proceed, he shall institute an action in a court of
competent jurisdiction within 30 days after such determination.
D.
Enforcement.
(1)
The Village Attorney, on behalf of the Village of Chittenango,
may institute and maintain an action in a court of competent jurisdiction
to restrain by injunction any violation of this chapter or to impose any fines
or to obtain a judgment for any penalties provided for in this chapter.
(2)
Upon a finding by the court that any person has engaged
in any of the prohibited acts as hereinabove defined, he shall be liable to
a fine or a penalty payable to the village, which shall not be less than $100
nor more than $500 in amount for each such prohibited act.
In order to prevent the multiplicity of proceedings, the provisions of this chapter shall not be operative where there is pending or there has been a determination in any other proceeding or action authorized under laws or ordinances of another governmental body based upon the identical act or acts prohibited under § 74-3 hereof.
