[Adopted April, 1969 as Chapter 9A of the 1962 Code]
The Board of Trustees of the Village of Mount Kisco hereby finds and
declares that the failure to provide each of its residents with an equal opportunity
to sell, purchase, lease, rent or obtain financing for the purchase or lease
of housing accommodations because of discrimination, prejudice or intolerance
with respect to race, creed, color or national origin not only threatens the
rights and proper privileges of such residents but menaces the institutions
and foundations of a free democratic society and threatens the peace, order,
health, safety and general welfare of the village and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any building, structure or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied as
a home, residence or sleeping place of one or more human beings.
A dwelling which is occupied, as a rule, for permanent residence
purposes and which is either rented, leased, let or hired out to be occupied
as a residence or home of three or more families living independently of each
other. A "multiple dwelling" shall not be deemed to include a hospital, convent,
monastery, asylum or public institution or a fireproof building used wholly
for commercial purposes, except for not more than one janitor's apartment
and not more than one penthouse occupied by not more than two families. The
term "family," as used herein, means either a person occupying a dwelling
and maintaining a household with not more than four boarders, roomers or lodgers
or two or more persons occupying a dwelling, living together and maintaining
a common household, with not more than four boarders, roomers or lodgers.
A "boarder," "roomer" or "lodger" residing with a family means a person living
within the household who pays a consideration for such residence and does
not occupy such space within the household as an incident of employment therein.
Includes ancestry.
Includes one or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy or receivers.
Includes all housing accommodations within the Village of Mount Kisco
in:
Public housing.
Housing operated by housing companies under the supervision of the Commissioner
of Housing.
Housing constructed after July 1, 1950, within the Village of Mount
Kisco:
Which is exempt, in whole or in part, from taxes levied by the state
or any of its political subdivisions;
Which is constructed on land sold below cost by the state or any of
its political subdivisions or any agency thereof, pursuant to the Federal
Housing Act of 1949;
Which is constructed, in whole or in part, on property acquired or assembled
by the state or any of its political subdivisions or any agency thereof through
the power of condemnation or otherwise for the purpose of such construction;
or
For the acquisition, construction, repair or maintenance of which the
state or any of its political subdivisions or any agency thereof supplies
funds or any other financial assistance.
Housing which is located in a multiple dwelling, the acquisition, construction,
rehabilitation, repair or maintenance of which is, after July 1, 1955, financed,
in whole or in part, by a loan, whether or not secured by a mortgage, the
repayment of which is guaranteed or insured by the federal government or any
agency thereof or the state or any of its political subdivisions or any agency
thereof, provided that such a housing accommodation shall be deemed to be
publicly assisted only during the life of such loan and such guaranty or insurance;
Housing which is offered for sale by a person who owns or otherwise
controls the sale of 10 or more housing accommodations located on land that
is contiguous (exclusive of public streets), if:
The acquisition, construction, rehabilitation, repair or maintenance
of such housing accommodations is, after July 1, 1955, financed, in whole
or in part, by a loan, whether or not secured by a mortgage, the repayment
of which is guaranteed or insured by the federal government or any agency
thereof or the state or any of its political subdivisions or any agency thereof,
provided that such a housing accommodation shall be deemed to be publicly
assisted only during the life of such loan and guaranty and insurance; or
A commitment issued by a government agency, after July 1, 1955, is outstanding
that acquisition of such housing accommodations may be financed, in whole
or in part, by a loan, whether or not secured by a mortgage, the repayment
of which is guaranteed or insured by the federal government or any agency
thereof or the state or any of its political subdivisions or any agency thereof.
Any person, firm or corporation, who, for another and for a fee,
commission or other valuable consideration, lists for sale, sells, at auction
or otherwise, exchanges, buys or rents or offers or attempts to negotiate
a sale, at auction or otherwise, exchange, purchase or rental of an estate
or interest in real estate or collects or offers or attempts to negotiate
a loan secured or to be secured by a mortgage or other incumbrance upon or
transfer of real estate. In the sale of lots pursuant to the provisions of
Article 9-A of the Real Property Law, the term "real estate broker" shall
also include any person, partnership, association or corporation employed
by or on behalf of the owner or owners of lots or other parcels of real estate,
at a stated salary or upon a commission or upon a salary and commission or
otherwise, to sell such real estate or any parts thereof in lots or other
parcels and who shall sell or exchange or offer or attempt or agree to negotiate
the sale or exchange of any such lot or parcel of real estate.
A person employed by a licensed real estate broker to list for sale,
sell or offer for sale, at auction or otherwise, to buy or offer to buy or
to negotiate the purchase or sale or exchange of real estate or to negotiate
a loan on real estate or to lease or rent or offer to lease, rent or place
for rent any real estate or who collects or offers or attempts to collect
rent for the use of real estate for or in behalf of such real estate broker.
Includes only those unlawful discriminatory practices specified in § 74-3 of this chapter.
It shall be an unlawful discriminatory practice:
A.
For the owner, lessee, sublessee, assignee or managing
agent of publicly assisted housing accommodations or other person having the
right of ownership or possession of or the right to rent or lease such accommodations,
except as to 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 a member of his family resides in such
housing accommodations or for any real estate broker, real estate salesman
or employee or agent thereof:
(1)
To refuse to sell, rent or lease any housing accommodation
to any person or group of persons or to refuse to negotiate for the sale,
rental or lease of any housing accommodation to any person or group of persons
because of the race, creed, color or national origin of such person or persons
or to represent that any housing accommodation is not available for inspection,
sale, rental or lease, when in fact it is so available, or otherwise deny
or withhold any housing accommodation or any facilities of any housing accommodation
from any person or group of persons because of the race, creed, color or national
origin of such person or persons.
(2)
To print, or circulate or cause to be printed or circulated
any statement, advertisements or publication or to use any form of application
for the purchase, rental or lease of any housing accommodation or to make
any record or inquiry in connection with the prospective purchase, rental
or lease of any housing accommodation which expresses, directly or indirectly,
any limitation, specification or discrimination as to race, creed, color or
national origin or any intent to make any such limitation, specification or
discrimination.
B.
For any person, bank, trust company, private banker,
savings bank, industrial bank, savings and loan association, credit union,
investment company, mortgage company, insurance company or other financial
institution or lender doing business in the Village of Mount Kisco to whom
application is made for financial assistance for the purchase, acquisition,
construction, rehabilitation, repair or maintenance of any housing accommodation
or any officer, agent or employee thereof:
(1)
To discriminate against any such applicant or applicants
because of the race, creed, color or national origin of such applicant or
applicants or of any member, stockholder, director, officer or employee of
such applicant or applicants or of the prospective occupant or occupants of
such housing accommodations in the granting, withholding, extending or renewing
or in the fixing of the rates, terms or conditions of any such financial assistance.
(2)
To use any form of application for such financial assistance
or to make any record or inquiry in connection with application for such financial
assistance, which expresses, directly or indirectly, any limitation, specification
or discrimination as to race, creed, color or national origin.
C.
For any person to aid, abet, incite, compel or coerce
the doing of any of the acts forbidden under this section or to attempt to
do so.
[Amended 7-19-1982 by L.L.
No. 4-1982; 8-24-1992 by L.L.
No. 9-1992]
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-17A of this Code.
