The Fair Housing Law is a law prohibiting discrimination
on the basis of race, color, religion, sex, handicap, familial status,
national origin, creed, age, sexual orientation, marital status or
military status in the sale, rental or advertising of dwellings, in
the provision of brokerage services or in the availability of residential
real estate related transactions. For the purpose of providing and
ensuring fair housing opportunities for all within the Village of
Athens, the Village Board of the Village of Athens, in the County
of Greene, State of New York, under the authority of the General Municipal
and Village Laws, hereby obtains, enacts and publishes this chapter.
Except as exempted by §
145-6, it shall be unlawful within the Village of Athens to:
A. Refuse to sell or rent after the making of a bona
fide offer or 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, national origin,
creed, age, sexual orientation, marital status or military status.
B. 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, national origin,
creed, age, sexual orientation, marital status or military status.
C. 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, national origin, creed, age, sexual orientation, marital status
or military status or an intention to make any such preference, limitation
or discrimination.
D. Represent to any person because of race, color, religion,
sex, handicap, familial status, national origin, creed, age, sexual
orientation, marital status or military status that any dwelling is
not available for inspection, sale or rental when such dwelling is
in fact so available.
E. For profit, 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,
national origin, creed, age, sexual orientation, marital status or
military status.
It shall be unlawful within the Village of Athens 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, national origin, creed, age, sexual orientation, marital status or military status 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, provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in §
145-6.
It shall be unlawful within the Village of Athens
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, national
origin, creed, age, sexual orientation, marital status or military
status.
The authority and responsibility for publicizing,
administering and enforcing this chapter shall be in the Village's
Fair Housing Officer, to be designated by the Mayor of the Village
of Athens.
Violations of this chapter shall be reported
in person or in writing to the Village Attorney/Fair Housing Officer
within a year of the alleged discriminatory housing practice.
Where sufficient cause exists to believe that
the terms of this chapter have been violated, the Fair Housing Officer
shall institute a suit in the Town of Athens Justice Court against
the alleged violator within 120 days following the issuance of the
charge.
Where a person or organization has been found,
after a trial on the merits, in violation of this chapter, a fine
shall be imposed on such person or organization not to exceed $10,000
for a first offense and $25,000 for a second offense and $50,000 for
a third offense. The minimum fine for violations of this chapter shall
be $5,000 for a first offense and $5,000 for each additional offense.
Each and every separate violation of this chapter shall be deemed
an offense for the purposes of imposing the appropriate fine.
The Village Board 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.
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
or regulations, the most restrictive or that imposing the highest
standards shall govern.
This chapter shall be known and may be cited
as the "Village of Athens Fair Housing Law."