[HISTORY: Adopted by the Town Board of the
Town of Owego 10-17-2000 by L.L. No. 3-2000. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 55, Environmental
Quality Review, adopted 5-17-1977, as amended, was repealed 4-16-1996
by L.L. No. 1-1996.
The Code of the Town of Owego shall be amended
to add the following: Fair housing law: A law prohibiting 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, or in the availability of
residential real estate related transactions.
For the purpose of providing and ensuring fair
housing opportunities for all within the Town of Owego, the Town Board
of the Town of Owego in the County of Tioga, State of New York, under
the authority of the General Municipal and Town Laws, hereby ordains,
enacts, and publishes the chapter.
A.
Definitions (general). 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, the word "person" includes a corporation as well
as an individual, and the word "shall" is always mandatory.
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILY
PERSON
TO RENT
Definitions (specific words or phrases). For the purpose
of this chapter, certain terms or words herein shall be interpreted
as follows:
Any building, structure, or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and 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 of 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 § 55-7, it shall be unlawful within the Town of Owego to:
A.
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, handicap, familial status, or national
origin.
B.
Discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provisions
of services or facilities in connection therewith, because of race,
color, religion, sex, handicap, familial status, or national origin.
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, or national origin or any intention to
make any such preference, limitation, or discrimination.
D.
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, induce or attempt to induce any person
to sell or rent any dwelling by representations regarding the entry
or prospective entry into neighborhood of a person or persons of a
particular race, color, religion, sex, handicap, familial status,
or natural origin.
It shall be unlawful within the Town of Owego 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 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 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 the section shall impair the scope of effectiveness of the exception contained in § 55-7.
It shall be unlawful within the Town of Owego
to deny any person access to or membership or participation in any
multiple listing service, real estate brokers' organization, or other
service, organization, or facility relating to the business of selling
or renting dwellings or to discriminate against him in participation
because of race, color, religion, sex, handicap, familial status,
or national origin.
A.
Exemption: sales/rentals by owners.
(1)
(a)
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 in 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 house 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; provided, further, that such bona fide private individual owner does not own any interest in, nor is there owned by 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; 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 a) without the use in any manner of the sale or rental facilities or the sales of rental services or any real estate broker, agent, or salesman, or of such facilities or services of any employee or agent of any such broker, agent, salesman, or person and b) without the publication, posting, or mailing, after notice, or any advertisement or written notice in violation of § 55-4 of this chapter, but nothing in the provision 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; or
(b)
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.
(2)
For the purpose of this exemption, a person shall
be deemed to be in the business of selling or renting dwellings 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 interests therein; or
(c)
He is the owner of any dwelling designed or
intended for occupancy by, or occupied by, five or more families.
B.
Exemption: 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
because 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 Town's Fair Housing Officer, to be designated by the Supervisor
of the Town of Owego.
B.
Violations. Failure to comply with this chapter shall
be a violation and shall be reported, in person or in writing, to
the Town's Fair Housing Officer within a year of the alleged discriminatory
housing practice.
[Amended 11-3-2021 by L.L. No. 2-2021]
C.
Enforcement. Where sufficient cause exists to believe
that the terms of this chapter have been violated, the Fair Housing
Officer shall institute a proceeding in Town Justice Court against
the alleged violator within 100 days following the issuance of the
charge.
D.
Penalties. Where a person or organization has been
found guilty of a violation of this chapter, a civil penalty shall
be imposed on such person or organization not to exceed $1,000. Each
and every separate violation of this chapter shall be deemed an offense
for the purposes of imposing the appropriate civil penalty.
[Amended 11-3-2021 by L.L. No. 2-2021]
A.
Amendment. The Town 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.
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
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the more restrictive, or that imposing
the highest standards, shall govern.
C.
Short title. This chapter shall be known and may be
cited as "The Town of Owego Fair Housing Law."
