[Adopted 5-2-2006, effective 5-17-2006;amended in its entirety 10-27-2015]
It is the goal of the City of Buffalo to continue efforts to
revitalize and strengthen its neighborhoods. The City finds it necessary
to protect the rights of its citizens to equal access to housing,
which will help prevent the decline in property values yet ensure
housing choices for all residents.
As used in this article, the following terms shall have the
meanings indicated:
Printing, circulating, placing or publishing or causing to
be placed or published any written statement, including electronic
media, with respect to the availability for sale or rent of a housing
accommodation or the listing of a housing accommodation with any person,
business or entity which maintains a referral list of available housing.
A physical, mental or medical impairment resulting from anatomical,
physiological, genetic or neurological conditions which prevents the
exercise of a normal bodily function, which substantially limits one
or more major life activities; or is demonstrable by medically accepted
clinical or laboratory diagnostic techniques; or
A record of having such an impairment; or a condition regarded
by others as such an impairment; or an association with a person with
such an impairment.
Any person who is pregnant or has a child or is in the process
of obtaining legal custody of an individual who has not attained the
age of 18 years; or one or more individuals who have not attained
the age of 18 years domiciled with a parent or another person having
legal custody of such individual or the designee thereof.
Include a person's actual or perceived gender, as well
as a person's gender identity, self-image, appearance, expression
or behavior, whether or not that gender identity, self-image, appearance,
expression or behavior is different from that traditionally associated
with the person's sex at birth.
Any building, structure or portion thereof located within
the City of Buffalo which is occupied, intended or designed for occupancy
as the home, residence, or sleeping place of one or more persons sharing
living quarters.
An owner, lessor, sublessor, owner's or lessor's
assignee, or managing agent, or other person having the right to sell,
rent or lease a housing accommodation constructed, or to be constructed,
or any agent or employee thereof.
For purposes of this section, include, but are not limited
to, caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, lifting, bending, speaking, breathing,
learning, reading, concentrating, thinking, communicating, and working.
Major life activities also include the operation of a bodily function,
including but not limited to, functions of the immune system, normal
cell growth, digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.
Single, married, divorced, separated or widowed.
A person's participation in the United States military
or the military of a state.
Ancestry.
One or more individuals, partnerships, associations, corporations,
their agents, assigns and representatives.
To lease or sublease, to let or to otherwise grant for a
consideration the right to occupy a premises not owned by the occupant.
A person's actual or perceived homosexuality, heterosexuality,
or bisexuality.
Payments from a lawful occupation or employment, as well
as other payments, including, but not limited to, public assistance,
supplemental security income, pensions, annuities, unemployment benefits,
government subsidies such as Section 8 or other housing subsidies.
Any dog or cat that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes. retirement homes.
personal residences, and other settings and is actually used for such
purpose, or any dog or cat during the period such dog or cat is being
trained or bred for such purpose.
This article does not prohibit a landlord from refusing to rent
a housing accommodation to a person if one or more of the following
conditions are met:
A.
The person's source of income is unstable, or insufficient to
pay the rent, or the source of said income is from an unlawful source;
or
B.
The tenant has been unable to make timely rental payments in all
or part of the preceding 18 months; or
C.
The person has been the source of past complaints from neighbors
in all or part of the preceding 18 months, except where those complaints
can be reasonably attributed to harassment or discriminatory intent;
or
D.
The person intends to occupy the housing accommodation with a larger
number of persons than can be accommodated under occupancy standards
established by law; or
E.
For any other reason not prohibited by the laws of the United States,
the State of New York or the discriminatory practices set forth in
this article, provided that such refusal is based upon legally permitted
criteria and those criteria are applied equally to all prospective
tenants.
Within 120 days of the effective date of this article, all landlords
owning more than 20 rental units within the City of Buffalo, and all
real estate offices within the City of Buffalo selling more than 20
residential housing accommodations within a calendar year, shall be
required to use the equal opportunity logotype or a statement of equal
opportunity housing on applications and marketing materials and to
display in rental or real estate offices a public notice of equal
opportunity in housing.
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129-6 shall also complete a certification before said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo and has received a copy of said ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
It shall be unlawful for any person or entity engaged in the
sale or rental of housing to do the following:
A.
Refuse to sell, rent, lease, make unavailable for inspection, sale
or rental, or otherwise to deny or withhold from any person or persons
housing accommodation because of race, creed, color, national origin,
sex, disability or reliance upon a therapy dog or cat, familial status,
marital status, age, sexual orientation, gender identity and expression,
military status or source of income.
B.
Discriminate against any person in the terms, conditions or privileges
of sale, rental or lease of any housing accommodation or in the furnishing
of facilities or services in connection therewith because of race,
creed, color, national origin, sex, disability or reliance upon a
therapy dog or cat, familial status, marital status, age, sexual orientation,
gender identity and expression, military status or source of income.
C.
To print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form or application for
the purchase, rental or lease of a housing accommodation or to make
any record or inquiry in connection with the prospective purchase,
rental or lease of a housing accommodation which expresses, directly
or indirectly, any limitation, specification or discrimination as
to race, creed, color, national origin, sex, disability or reliance
upon a therapy dog or cat, familial status, marital status, age, sexual
orientation, gender identity and expression, military status or source
of income.
D.
To induce or attempt to induce any person to sell or rent any housing
accommodation by representations regarding the entry or prospective
entry into the neighborhood of persons of a particular race, creed,
color, national origin, sex, disability or reliance upon a therapy
dog or cat, familial status, marital status, age, sexual orientation,
gender identity and expression, military status or source of income.
E.
Refusal to permit, at the expense of a person with disabilities,
reasonable modifications of existing premises, if such modifications
may be necessary to afford such person full enjoyment of the housing
accommodation, and a refusal to make reasonable accommodations in
rules, policies, practices or services which may be necessary to afford
a person with disabilities equal opportunity to use and enjoy the
housing accommodation.
F.
To deny access or otherwise to discriminate against a blind person,
a hearing impaired person or a person with another disability because
he or she is accompanied by a dog that has been trained to work or
perform specific tasks for the benefit of such person by a professional
guide dog, hearing dog or service dog training center or professional
guide dog, hearing dog or service dog trainer, or to discriminate
against such professional guide dog, hearing dog or service dog trainer
engaged in such training of a dog for use by a person with a disability,
whether or not accompanied by the person for whom the dog is being
trained. This section shall apply regardless of breed, or any other
type of therapy dog or cat.
G.
To incite, compel or coerce the doing of any acts forbidden by this
article, or to retaliate or discriminate against any person or entity
because that person or entity has filed a complaint or testified or
assisted in any proceeding commenced under this article.
H.
For any bank, savings or loan association, insurance company or other
entity whose business consists in whole or part of the making of loans
and arranging of financing for housing or secured by real property
or the issuance of property insurance to discriminate in the issuance
or terms and conditions of a loan or insurance policy because of race,
creed, color, national origin, sex, disability or reliance upon a
therapy dog or cat, familial status, marital status, age, sexual orientation,
gender identity and expression, military status or lawful source of
income.
The provisions of this article shall apply to all housing accommodations
within the City of Buffalo as well as land zoned for residential uses
except the following:
A.
The rental of a housing accommodation on a parcel that contains housing
accommodations for not more than three households living independently,
if the owner resides in one of the dwelling units, or the rental of
a housing accommodation on a parcel that contains more than one residential
dwelling in which no dwelling is for more than three households or
less living independently, if the owner resides in one of the dwelling
units;
B.
The restriction of the rental of rooms in a housing accommodation
to persons of the same sex;
C.
The rental of a room or rooms in a housing accommodation designed
in such a way that the occupants would be required to share part of
their living quarters with another occupant or occupants not of their
own choice; and
D.
Restriction of the sale, rental or lease of a housing accommodation
exclusively to persons 55 years of age or older and their spouses
with respect to age and familial status only.
A.
The Mayor of the City of Buffalo shall designate a Fair Housing Officer
to receive, investigate and/or refer complaints under this article
to a qualified fair housing enforcement agency certified to investigate
and handle fair housing complaints.
B.
Any person or organization, whether or not an aggrieved party, may
file with the Fair Housing Officer a complaint alleging violation
of this article within one year from the date of the occurrence. Such
complaint shall be in writing, and in such form as required by the
Fair Housing Officer.
C.
The Fair Housing Officer shall notify the accused party within 30
days of the date of the filing of the complaint and request the accused
party to answer the complaint in writing within 20 days after the
mailing of such notice. The date of the mailing of the Fair Housing
Officer's notification shall be endorsed thereon. The Fair Housing
Officer shall, thereafter, make a prompt investigation in connection
with the complaint sufficient to determine whether there is probable
cause to establish discriminatory conduct.
D.
If, in the judgment of the Fair Housing Officer, a conciliation agreement
would satisfactorily resolve the complaint, he/she shall include in
such agreement provisions requiring the accused party to refrain from
unlawful discriminatory practices and may include such compensation
and/or affirmative relief as is agreed upon by the parties. Conciliation
agreements shall not be subject to confidentiality agreements.
E.
Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this article and shall refer the matter as detailed in § 154-20 below.
A.
Upon certification by the Fair Housing Officer that there has been
an affirmative finding of probable cause of discriminatory practice,
the Fair Housing Officer may:
(1)
Request the Corporation Counsel to file an action against the accused
party, in a court of competent jurisdiction, seeking the imposition
of the following penalties:
(a)
A fine not exceeding $1,500 for each offense, with each act
of discrimination being considered a separate offense; and/or
(b)
Revocation or suspension of any license or permit issued by
the City of Buffalo necessary to the operation of the housing accommodation(s)
in question, and any other equitable relief necessary to effect the
purposes of this article; and/or
(c)
All costs, expenses and disbursements incurred by the City of
Buffalo in effecting compliance with this article; and/or
(d)
Such other relief directed by a court of appropriate jurisdiction;
and/or
(2)
Request a qualified fair housing enforcement agency to commence a
civil action or proceeding for injunctive relief, damages, and other
appropriate relief in law or equity against a person who violates
this article. In any such action or proceeding, the court, in its
discretion, may allow the party commencing such action or proceeding,
if such party prevails, a reasonable attorney's fee as part of
the costs.
B.
The Corporation Counsel may seek a contempt order from a court of
appropriate jurisdiction, if necessary, to enforce a conciliation
agreement or penalties imposed under this article.
C.
The aggrieved party may commence a civil action or proceeding for
injunctive relief, damages, and other appropriate relief in law or
equity against a person who violates this article. In any such action
or proceeding, the court, in its discretion, may allow for the party
commencing such action or proceeding, if such party prevails, a reasonable
attorney's fee as part of the costs.
The Fair Housing Officer shall prepare an annual report detailing
the work performed, including a statistical analysis of the caseload,
a summary of dispositions of complaints filed and/or referred to housing
agencies, and recommendations regarding fair housing practices. This
report shall be submitted to the Mayor and filed with the City Clerk
no later than March 1 of each year. Copies shall also be sent to the
Commissioner of the New York State Division of Human Rights, the Attorney
General of the State of New York, and the Secretary of the United
States Department of Housing and Urban Development.
Nothing in this article shall limit or abridge the right of
a complainant to pursue any other remedies that may be available under
the laws of the State of New York, the United States or any other
applicable jurisdiction.
Nothing in this article shall be construed to invalidate or
limit any law of the State of New York, the United States or any other
jurisdiction that grants, guarantees or protects the same rights that
are granted, guaranteed or protected by this article.
If any part of this article shall, for any reason, be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not impair or invalidate the remainder of this article.
