[HISTORY: Adopted by the Town Board of the Town of Lenox 1-23-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
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."
A. 
General. For the purpose of this chapter, certain words or phrases used 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 include the future tense; the word "person" includes a corporation as well as an individual; and the word "shall" is always mandatory.
B. 
Specific words and phrases. For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows:
DISCRIMINATORY HOUSING PRACTICE
An act that is unlawful under §§ 68-5, 68-6 and 68-7.
DWELLING
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.
FAMILY
A single individual.
PERSON
One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
TO RENT
To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
A. 
Sales/rentals by owners. Nothing in § 68-5, other than Subsection C, shall apply to:
(1) 
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 the case of the sale of any such single-family house by a private individual not residing in such house at the time of 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 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 or 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 without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman or person, and without publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 68-5 of this chapter, but nothing in this 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
(2) 
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 the such living quarters as his residence.
B. 
For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) 
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
(2) 
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 interest therein; or
(3) 
He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
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.
A. 
Authority and responsibility. The authority and responsibility for publicizing, administering and enforcing this chapter shall be in the Town's Fair Housing Officer.
B. 
Violations. Violations of this chapter shall be reported in person or in writing to the Town's Fair Housing Officer.
C. 
Enforcement. 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.
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.