[HISTORY: Adopted by the Board of Trustees of the Village of Highland
Falls 2-2-2000 by L.L. No. 1-2000. Amendments
noted where applicable.]
The intent and purpose of this chapter is to provide and ensure fair
housing opportunities for all within the Village of Highland Falls. This chapter
shall and does prohibit 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 and in the availability
of residential real-estate-related transactions.
A.
For the purpose of this chapter, 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 used in
the present tense include the future tense, and the word "shall" is always
mandatory.
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILY
PERSON
TO RENT
For the purpose of this chapter, certain terms or words
herein shall be defined as follows:
Any building, structure or portion thereof which is occupied as,
or designated or intended for occupancy as, a residence by one or more families,
and means 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 § 91-6, it shall be unlawful within the Village of Highland Falls:
A.
To refuse to sell or rent after the making of a bonafide
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, 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 any 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 representatives 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.
A.
Except as limited by Subsection B below, it shall be unlawful within the Village of Highland Falls 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 the 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 purposes 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.
It shall be unlawful within the Village of Highland Falls to deny any
person access to or membership or participation in any multiple-listing service,
real estate broker's organization or other service, 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.
A.
(1)
Any single-family house sold or rented by the owner;
provided, however,
(a)
That such private individual owner does not own more
than three such single-family houses at any one time; and
(b)
That in the case of the sale of any such single-family
house by a private individual owner not residing in such house at the time
of such sale, or who was not the recent resident of such housing prior to
such sale, the exception granted by this subsection shall apply only with
respect to one such sale within any twenty-four-month period; and
(c)
That such bona fide private individual owner does not
own any interest in, nor is there owned or reserved on his behalf under any
express or voluntary agreement, title to any right to all or a portion of
the proceeds from the sale or rental of more than three such single-family
houses at one time; and
(d)
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 sales 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 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 the publication, posting or mailing, after notice, of any advertisements or written notice in violation of § 91-3 of this chapter. However, nothing in this Subsection A(1)(d) shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer the title.
(2)
Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of such living
quarters as his residence. For the purpose of this exemption, a person shall
be deemed to be in the business of selling or renting dwellings and is not
covered by this exemption if:
(a)
He has, within the preceding 12 months, participated
as principal in three or more transactions involving the sale or rental of
any dwelling or any interest therein; or
(b)
He has, within the preceding 12 months, participated
as agent, other than in the sale of his own personal residence, in providing
sales or rental facilities or sales or rental services in two or more transactions
involving the sale or rental of any dwelling or any interest therein; or
(c)
He is the owner of any dwelling designed or intended
for occupancy by, or occupied by, five or more families.
B.
Sales/rentals by religious organizations. 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 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 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 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 chapter shall be in the
Village's Fair Housing Officer, to be appointed by the Board of Trustees.
B.
Violations. 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.
C.
Enforcement. Where sufficient cause exists to believe
that the terms of this chapter have been violated, the Fair Housing Officer
shall institute a suit in any court of competent jurisdiction against the
alleged violator.
D.
Penalties. Where a person or organization has been found,
by a court of competent jurisdiction, in violation of this chapter, a fine
shall be imposed on such person or organization not to exceed $10,000 for
a first offense; $25,000 for a second offense; and $50,000 for a third offense.
Each and every separate violation of this chapter shall be deemed a distinct
offense for the purposes 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 chapter
in conformity with applicable law after public notice and hearing.
B.
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, morals, safety or the general welfare.
Whenever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the most restrictive,
or that imposing the highest standards, shall govern.
C.
Validity. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision thereof.
