For the purpose of providing and ensuring fair housing opportunities
for all within the Town of Champlain, the Town Board of the Town of
Champlain, in the County of Clinton, State of New York, under the
authority of the general Town Law, hereby obtains, enacts and publishes
this chapter.
Except as exempted by §
72-4, it shall be unlawful within the Town of Champlain 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 or national origin.
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 or national origin.
C. Make, print, 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. 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 the neighborhood of a person or persons or a particular
race, color, religion, sex, handicap, familial status or national
origin.
It shall be unlawful within the Town of Champlain 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 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 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, provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in §
72-6.
It shall be unlawful within the Town of Champlain 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.
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 Champlain.
Violations of this chapter shall be reported in person or in
writing to the Town's 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 Town 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,
$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 the
first offense and $500 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 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.
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.
This chapter shall be known and may be cited as the "Town of
Champlain's Fair Housing Law."