For the purpose of providing and ensuring fair housing opportunities
for all within the Town, the Town Board of the Town of Lenox in the
County of Madison, State of New York, under the authority of General
Municipal and Town Laws, hereby ordains, enacts and publishes this
chapter.
This chapter shall be known and may be cited as "The Town of
Lenox Fair Housing Law."
Except as exempted by §
68-4, it shall be unlawful within the Town of Lenox:
A. To refuse to sell or rent after making a bona fide offer, or to refuse
to negotiate for the sale or rental of, 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 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 or national
origin.
It shall be unlawful within the Town of Lenox for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purchasing, constructing, improving, repairing or maintaining of a dwelling; or to discriminate against him in fixing 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 purpose 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, however, that nothing contained in this section shall impair the scope or effectiveness of the exception contained in §
68-4.
It shall be unlawful within the Town of Lenox 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 terms or conditions of such access,
membership or participation on account of race, color, religion, sex,
handicap, familial status or national origin.
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 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 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.
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 $500 for a first offense
and $1,000 for each additional offense. The minimum fine for violations
of this chapter shall be $100 for a first offense and $500 for each
additional offense. Each and every separate violation of this chapter
shall be deemed an offense for the purpose 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.
[Amended 11-14-1994 by L.L. No. 2-1994]
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 in conflict with the
provisions of any other lawfully adopted rules, regulations or ordinances,
the most restrictive or the one imposing the highest standards shall
govern.