[HISTORY: Adopted by the City Council of the City of Glen Cove 12-13-1983
(Ch. 29 of the 1981 Code). Amendments noted where applicable.]
It is hereby ordained and directed that the City of Glen Cove by this
chapter, adopts and establishes an Office of Fair Housing which will be administered
under the supervision of the Mayor. This chapter establishes policy and procedures
to be followed by the city in maintaining a fair housing policy for city residents.
A.
In accord with Title VIII of the United States Code and
the Human Rights Law of the State of New York, as amended, it is the policy
of the City of Glen Cove to provide fair housing.
B.
The purposes of this chapter are those in accord with
Title VIII of the United States Code and § 296 of the Executive
Law of the State of New York as such section applies to fair housing.
All such definitions of Title VIII of the United States Code and the
Human Rights Law of the State of New York, as amended, as pertain to fair
housing are hereby restated by the City of Glen Cove as the provisions of
this chapter.
Except as otherwise provided below:
A.
It shall be unlawful discriminatory practice:
(1)
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 to any person because of race, color,
religion, sex or national origin.
(2)
To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling, or in the provision of services
for facilities in connection therewith, because of race, color, religion,
sex or national origin.
(3)
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 or natural origin, or any intention to
make any such preference, limitation or discrimination.
(4)
To represent to any person, because of race, color, religion,
sex or national origin, that any dwelling is not available for inspection,
sale or rental when such dwelling is in fact so available.
(5)
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 or national origin.
B.
Nothing in this section shall apply to:
(1)
Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time. Provided, further, that 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 without the use in any manner of the sale 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 and without publication, posting or mailing, after notice, of any advertisement or written notice in violation of Subsection A(3) of this section.
(2)
The rental of a housing accommodation in a building which
contains housing accommodations for not more than four families living independently
of each other, if the owner resides in one of such housing accommodations.
(3)
A religious organization, association or society or any
nonprofit organization, or controllee of, from limiting the sale, rental or
occupancy of dwelling which it owns or operates for other than a commercial
purpose, to promote the religious premise for which it was established and
operated, unless membership is restricted on account of race, color or national
origin.
(4)
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 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.
C.
All such unlawful discriminatory practices contained in Executive Law of the State of New York, as amended, § 296 through § 301 pertaining to fair housing, are hereby restated by the City of Glen Cove as the provisions of this chapter. All such procedures as delineated within § 296 through § 301 pertaining to fair housing are hereby supplemented by the provisions set forth in § 139-6 of this chapter.
There is hereby established a Fair Housing Office which is designated
to administer this chapter. The fair housing officer shall be appointed by
the Mayor and shall hereinafter be called the fair housing officer of the
City of Glen Cove. This position may be assigned as an additional duty of
an employee of the city.
The Fair Housing Office, by and through the fair housing officer, shall
have the following functions, powers and duties:
A.
To establish and maintain a principal office within the
City of Glen Cove as may be necessary.
B.
To function at any place within the City of Glen Cove.
C.
To employ such personnel as may be necessary to effectively
carry out its powers and duties.
D.
Upon request, to obtain and utilize the services of all
governmental departments and agencies.
E.
To formulate policies to effectuate the purpose of this
chapter and to make recommendations to agencies and officers of the City of
Glen Cove in and of such policies and purposes.
F.
To receive and investigate complaints alleging violations
of this chapter.
G.
To have access at all reasonable times to premises, records,
documents, individuals and other sources of evidence to examine, record and
copy to conclude any investigation.
H.
In conjunction with the City Attorney of the City of
Glen Cove, to subpoena any such evidence as required to compel compliance.
I.
In conjunction with the City Attorney of the City of
Glen Cove, to obtain court orders to enforce all findings and discrimination.
J.
To develop human rights plans and policies for the City
of Glen Cove and to assist in their execution, upon adoption. To make investigations
and studies appropriate to effectuate this chapter to inform persons of the
rights assured and remedies provided under this chapter, to promote good will
and to minimize or eliminate discrimination.
K.
To render each year to the Mayor a written report of
all of its activities and recommendations.
L.
To furnish any person with such technical assistance
that the Office deems appropriate to further compliance with the purposes
or provisions of this chapter.
M.
Such other powers and duties described hereinafter and
as may be designated by the Mayor and authorized by the City Council.
A.
Any person claiming to be aggrieved by any lawful discriminatory
practice may, by himself or by his or her attorney, make, sign and file with
the fair housing officer a verified complaint which shall state the name and
address of the person or persons alleged to have committed the unlawful discriminatory
practice complained of and which sets forth the particulars thereof and contains
such other information as may be requested by the Office.
B.
After the filing of the complaint, the Fair Housing Office
shall make a prompt investigation in connection therewith.
C.
If, in his or her judgment, the circumstances so warrant,
he or she may at any time after the filing of the complaint, endeavor to eliminate
such discriminatory practice by conference, consolation and persuasion.
D.
In the case of failure to eliminate such discriminatory
practices, the fair housing officer, in conjunction with the City Attorney
of the City of Glen Cove, (may) issue an order to cease and desist such discriminatory
practices and further initiate positive mechanisms to effectuate the intent
of this chapter.
E.
Nothing contained in this chapter shall be construed
so as to limit or prohibit investigation by any other governmental unit of
competent jurisdiction, nor shall anything contained herein limit any aggrieved
party from pursuing any remedy available therefrom. In the event of such a
situation, the fair housing officer is hereby empowered to place any and all
of its material obtained through the investigation at the disposal of such
governmental unit.
If any of this chapter or its application to any persons or circumstances
is adjudged by a court to be invalid or ineffectual, such judgment shall not
affect the remainder of the chapter or its application to any other person
or circumstance. This chapter shall supersede all laws inconsistent with it
to the extent of such inconsistency, but, in all other respects, shall be
deemed supplemental to such laws.
