[HISTORY: Adopted by the City of Norwalk Common Council as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1978]
[Amended 12-28-1999; 6-22-2021]
It is the policy of the City of Norwalk:
A.
To safeguard all individuals within the City from discrimination
because of race, color, religious creed, sex, age, national origin,
marital status, ancestry, sexual orientation (defined as heterosexuality,
homosexuality, bisexuality, pansexuality, or asexuality, in each case
whether actual or perceived), gender identity or expression, lawful
source of income, familial status, present or past history of mental
disability, intellectual disability, learning disability, physical
disability, including but not limited to, blindness or deafness, and/or
status as a veteran, in connection with housing, thereby to protect
their interest in personal dignity and freedom from humiliation, to
make available to the City their full productive capacities, to secure
the City against strife and unrest which would menace its democratic
institutions and to preserve the public safety and general welfare;
and
B.
To supplement through official local action the implementation in
Norwalk of Sections 46a-64c and 46a-81e of the General Statutes of
the State of Connecticut (prohibiting denials of full and equal accommodations
in housing), the provisions whereof are incorporated herein by reference.
References in this article to such sections of the General Statutes
shall include such amendments thereof as may be made from time to
time.
[Amended 12-28-1999; 6-22-2021]
As used in this article, the following terms shall have the
meanings indicated:
The Human Relations Commission of the City of Norwalk as defined in Chapter 60 of the Code of the City of Norwalk.
A member of the Human Relations Commission.
To cause any difference in treatment based on race, color,
religion, creed, national origin, ancestry, alienage, sex, age, marital
status, sexual orientation (defined as heterosexuality, homosexuality,
bisexuality, pansexuality, or asexuality, in each case whether actual
or perceived), gender identity or expression, lawful source of income,
familial status, present or past history of mental disability, intellectual
disability, learning disability, physical disability, including, but
not limited to, blindness or deafness, and/or status as a veteran,
and includes segregation, based upon any of the foregoing categories.
One or more individuals who have not attained the age of
18 years being domiciled with a parent or another person having legal
custody of such individual or individuals; or the designee of such
parent or other person having such custody with the written permission
of such parent or other person; or any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of 18 years.
Includes a single individual.
Any dwelling, housing unit, structure or portion thereof
used or to be used for legal residential purposes.
Any person having or exercising the right to sell, rent or
lease any housing accommodation.
A.
In connection with any of the transactions set forth in this section
which affect any housing accommodation on the open market or in connection
with any public sale, purchase, exchange, rental or lease of any housing
accommodation, it shall be a prohibited unlawful practice for a person,
owner, financial institution, real estate broker or real estate agent
or any representative of the above to:
[Amended 12-28-1999]
(1)
Discriminate against a person (as defined in s § 59A-2) by the refusal to sell, purchase, exchange, rent or lease or otherwise deny to or withhold any housing accommodation or potential housing or real estate from such person.
(2)
Discriminate against a person (as defined in § 59A-2) in the terms, conditions or privileges of the sale, financing, purchase, exchange, rental or lease of any housing accommodation or real estate or in the furnishing of facilities or services in connection therewith.
(3)
Discriminate against a person (as defined in § 59A-2) by the refusal to receive or transmit a bona fide offer to sell, purchase, exchange, rent or lease any housing accommodation from or to such person.
(4)
Discriminate against a person (as defined in § 59A-2) by the refusal to negotiate for the sale, purchase, exchange, rental or lease of any housing accommodation to such person.
(5)
Discriminate against a person (as defined in § 59A-2) by representing to such person that any housing accommodation is not available for inspection, sale, purchase, exchange, rental or lease when it is known to such person, owner, financial institution, real estate broker or real estate salesman, or representatives of any of them, that, in fact, it is so available or to refuse to permit a person to inspect any housing accommodation.
(6)
Discriminate against a person (as defined in § 59A-2) by failing or refusing to show housing accommodations which are listed for sale or rental.
(7)
Retaliate against a person because he has filed a complaint, testified,
assisted or participated in any manner in an investigation, proceeding,
hearing or conference under this article by adjusting his rental cost
or obligations, by failing to provide proper services or by refusing
to deal with such person.
B.
Nothing in this article with respect to the prohibition of discrimination
on the basis of marital status shall be construed to prohibit the
denial of housing accommodations to a man and a woman who are unrelated
by blood or who are not married to each other.
The provisions of this article shall not apply to:
A.
The rental or lease of any housing units in a housing accommodation
for not more than two families living independently of each other
if the owner resides in one of such housing unit.
[Amended 12-28-1999]
B.
The rental of a room or rooms in a housing accommodation if the owner
of the housing accommodation actually resides in such housing accommodation.
[Amended 12-28-1999]
C.
With respect to the prohibition of sex discrimination, shall not
apply to the rental of sleeping accommodations provided on a temporary
or permanent basis for the exclusive use of persons of the same sex.
[Amended 12-28-1999]
The administration and enforcement of this article shall be
the sole responsibility of the Norwalk Human Relations Commission,
and it shall have full operating responsibility for carrying out the
provisions of the article. In addition to any powers or duties heretofore
conferred on said Commission, it shall have the power and duty to:
A.
Meet and exercise its powers at any place within the City of Norwalk
for the purpose of implementing and administering this article.
B.
Seek the advice and/or services of the City of Norwalk Corporation
Counsel, if deemed necessary by the Commission, and appoint and empower
committees and divisions to assist in effecting the purposes and provisions
of this article.
C.
Accept gifts or bequests, grants or other payments, public or private
and duly recorded as such, to help finance its activities.
D.
Receive, initiate, investigate, seek to conciliate, hold hearings
on and pass upon complaints alleging violations of this article.
E.
Hold hearings, administer oaths, take the testimony of any person
under oath, subpoena witnesses, and require their attendance and the
production for examination of any books and papers relating to any
matter under investigation by the Commission.
F.
Issue remedial orders requiring cessation of violation of this article
or requiring such affirmative action as in the judgment of the Commission
will carry out the purposes of this article, including, where appropriate,
an order forbidding the sale, transfer or leasing of any housing accommodation
or ordering the sale or leasing of a housing accommodation to a person
found to have been denied the rights protected by this article.
G.
Apply to a court of competent jurisdiction for such temporary or
permanent relief as it deems necessary.
H.
With the approval of the Common Council, adopt, promulgate, amend
and rescind rules and regulations to effectuate the purpose of this
article, including regulations requiring the posting of notices prepared
or approved by the Commission.
A.
Filing of complaint.
(1)
Any person or persons claiming to be aggrieved by an unlawful practice
prohibited by this article may file a written complaint in accordance
with the rules and regulations of the Commission. No complaint hereunder
may be filed later than 30 days after the aggrieved person becomes
aware of the alleged unlawful practice nor, in any event, more than
60 days after the alleged unlawful practice occurred. Within the above
time limitations, any member of the Commission who has reason to believe
an unlawful practice has occurred may file a complaint naming the
Commission itself as the party complainant.
(2)
Anything in this article to the contrary notwithstanding, in the
event that any proceeding is instituted before the Connecticut Commission
on Human Rights and Opportunities growing out of substantially the
same facts, no complaint shall be acted upon by the Commission, and
any action already undertaken upon a complaint shall be suspended.
In the event of the institution of such a proceeding, the action of
the Connecticut Commission on Human Rights and Opportunities shall
be final and the Norwalk Commission shall take no further action.
B.
Upon receipt of a complaint, the Commission shall serve the complaint
and a written statement setting forth the rights of the parties and
the procedures to be followed by the Commission in the investigation
and adjudication of the complaint upon the person or persons (hereinafter
referred to as the "respondent") charged with a violation of this
article.
C.
Upon receipt of a complaint, the staff of the Commission shall conduct
a preliminary investigation of the complaint and shall, within 90
days after service of the complaint on the respondent, render a written
report to the Commission.
[Amended 12-28-1999]
D.
The commission shall, within 35 days after receipt from the staff
of the Commission of the report of the preliminary investigation,
determine whether there is probable cause to believe that an unlawful
practice has been committed.
[Amended 12-28-1999]
(1)
If the Commission determines that there is no such probable cause,
the complaint shall be dismissed.
(2)
If the Commission determines that there is such probable cause, the
Commission shall make an effort to eliminate the unlawful practice
by conference and conciliation in accordance with the rules and regulations
of the Commission.
E.
After the Commission has determined that probable cause exists, unless
an order has been issued dismissing the complaint or stating the terms
of a conciliation agreement, a hearing shall be called and held by
the Commission as soon as practicable, but no later than 120 days.
[Amended 12-28-1999]
F.
In any proceedings under this section, the respondent may file a
written answer to the complaint and may appear at the hearing in person
or otherwise, with or without counsel, and may submit evidence and
be heard. The Commission, in conducting any hearing, may permit reasonable
amendments to any complaint or answer, and any testimony taken at
the hearing shall be under oath and shall be fully transcribed, electronically
or otherwise, as determined by the Commission.
G.
Any endeavors or negotiations for conciliation shall not be received
in evidence and shall be held confidential by the Commission and its
staff.
H.
Upon the conclusion of the hearing, the decision of the Commission
shall be communicated to the complainant(s) and respondent.
I.
Proceedings may be reopened upon petition of any aggrieved party,
except that an application to reopen must be filed within 15 days
of service of the Commission's decision upon such aggrieved party;
provided, however, that any order previously entered by the Commission
shall not be stayed by such petition except upon the vote of the Commission.
[Amended 12-28-1999]
J.
All hearings held under and pursuant to this article shall be open
to the public.
K.
In computing time or periods of time of 30 days or less under this
article, weekends and national and/or state holidays shall be excluded.
[Amended 12-28-1999]
L.
All papers or pleadings required by this article shall be served
personally, by abode service or by certified mail as directed by the
Commission.
M.
At any time after a complaint has been filed, the Commission may
file an action in any court of competent jurisdiction seeking appropriate
temporary relief against the respondent.
N.
At any time after a complaint has been filed, the Commission may
file an action in a court of competent jurisdiction seeking such appropriate
relief against any person as it may deem necessary to prevent any
change or position between the complainant(s) and the respondent.
O.
The Commission may file suit in a court of competent jurisdiction
seeking enforcement of any of its orders issued pursuant to this article.
[Amended 8-13-2002]
Pursuant to § 7-1481 of the Connecticut General Statutes,
any respondent or complainant aggrieved by a final order of the Commission,
or any complainant aggrieved by the dismissal of his/her complaint
by the Commission, may appeal to the State Commission on Human Rights
and Opportunities. Any such appeal shall be filed within 30 days of
the mailing of the written decision.
A.
If the Commission finds that any person has committed an unlawful
practice as defined in this article, it may subject such person to
a fine not exceeding $100 per offense, and each day of violation of
this article shall be deemed a separate offense. The Commission may,
if such person refuses to pay the fine, file an action in a court
of competent jurisdiction for the collection thereof.
B.
If a real estate broker, a real estate salesman or an employee thereof
has failed to comply with any order issued by the Commission or has
been found to have committed an unlawful practice in violation of
this article, the Commission may so notify in writing the Real Estate
Commission of the State of Connecticut.
C.
Should the Commission determine at any time that a complaint filed
with it alleging a violation of this article was filed in bad faith,
the Commission shall forthwith issue an order requiring the complainant(s)
to pay to the respondent the amount of the reasonable expenses caused
the respondent by the filing of said complaint, including reasonable
attorney's fees, and such order may be enforced in the same manner
as any other order issued by the Commission pursuant to the provisions
of this article.
If any provisions of this article or the application thereof
to any eventuality or circumstance should be held to be invalid, such
invalidity shall not affect the other provisions or applications of
this article, which shall be and continue in effect without the invalid
provisions or application, and to this end the provisions of this
article are severable.
This article shall take effect in accordance with the Code of the City of Norwalk, § 1-193.
[Adopted 9-9-1986; amended in its entirety 9-27-2005]
It is the policy of the City of Norwalk to advise and assist
in the development and implementation of the City's fair housing policy
and program, and there shall be established, organized and appointed
for the City of Norwalk a Fair Housing Advisory Commission, created
for the purposes as stated herein and having delegated to it the powers,
duties and responsibilities as hereinafter set forth. Reference is
hereby made to the Second Amended Consent Decree in the case of Norwalk
Branch NAACP v. City of Norwalk, Case No. B84641, U.S. District Court
(CT) (March 6, 2004), which authorized and affects this article.
A.
The Fair Housing Advisory Commission shall consist of eight members,
each of whom shall be an elector of the City of Norwalk throughout
his or her term. Commission members shall serve without compensation
and shall be appointed by the Mayor with the approval of the Common
Council as hereinafter set forth. Members shall include one representative
from each of the following: the NAACP, NEON, the Norwalk Housing Authority,
the Norwalk Human Relations Commission, Connecticut Legal Services,
Inc., and the Housing Site Development Agency. In addition, there
shall be two mayoral appointees who do not have any required affiliation.
B.
One of the mayoral appointees shall be designated as Chair by the
Mayor. The Mayor shall also nominate a Vice Chair who shall be subject
to confirmation by a majority vote of the full membership of the Fair
Housing Advisory Commission and who shall preside in the absence of
the Chair. The Fair Housing Advisory Commission may elect such other
officers as it deems necessary. Such officers shall serve for one-year
terms or until a successor is appointed.
C.
Members shall be appointed by the Mayor with the approval of the Common Council. Each member shall serve a three-year term. The service of such members of the Fair Housing Advisory Commission shall conclude at the expiration of that member's designated term. In the event of the incapacity or resignation of any member, his/her successor shall be appointed in accordance with Subsection A above to serve the remainder of such unexpired term.
D.
The Mayor's office shall notify member organizations of the pending
conclusion of the term of that organization's Commission member no
later than two months prior to the expiration of such term. A member
organization may submit a name of any new nominee or may submit the
name of an incumbent for renomination in time for the Mayor to act
on filling such vacancy before the expiration of that term. In the
event that the designated member organization does not submit a nominee
in a timely fashion, the incumbent's term shall end at the conclusion
of his/her term. Where a timely submission has been made by a member
organization and the Mayor is responsible for not making a timely
nomination to the Common Council for its approval on or before the
expiration of that Commissioner's term, the designated member organization's
incumbent shall serve until a successor is appointed. If the Mayor
refuses to submit the designated nominee of a member organization
to the Common Council for its approval or if the Common Council refuses
to approve the Mayor's nominee, any incumbent Commissioner representing
the designated member organization shall remain in office pending
the outcome of any dispute as a result thereof.
The Commission shall hold regular meetings scheduled at least
once each month and shall, beforehand, designate the time and place
thereof and shall keep records of all its proceedings as required
by law. Four members shall constitute a quorum in the exercise of
any of the Commission's powers and duties. The Commission may adopt
such rules and regulations not in conflict with this article as it
deems necessary to effectuate the purposes and provisions hereof.
The Commission shall have the following duties:
A.
Monitor private and public housing practices for compatibility with
fair housing objectives.
B.
Identify problem areas and make recommendations to the Mayor, Common
Council and Housing Site Development Agency and other appropriate
City agencies and commissions.
C.
Develop policy statements, internal and external communication techniques
and recommend housing programs.
D.
Receive and review in a timely fashion the proposed budget for the
Fair Housing Office, thereafter making any revisions to the budget
it deems necessary or advisable and submitting said budget in a timely
fashion consistent with the City's budget process for grant agencies.
E.
Receive and review the Fair Housing Officer's annual report. Upon
acceptance of said Report by the Fair Housing Advisory Commission,
said such report shall be submitted to the Mayor, the Housing Site
Development Agency, and any other appropriate City commissions and
agencies.
G.
Accept outside funds. The Fair Housing Advisory Commission may, as
permitted in the City Code and in a manner approved by the Finance
Director, solicit and accept outside funds, gifts or bequests, public
or private, with the assistance of the Fair Housing Officer, consistent
with the purpose of the Commission, in order to finance its activities.
The outside funds cannot be used to advance or pay the salary of the
Fair Housing Officer. The City may reasonably consider the receipt
of outside funds when considering the budget of the Fair Housing Office.
A.
There shall be a Fair Housing Officer who shall act as staff to the
Fair Housing Advisory Commission in the pursuit of its duties as set
forth above. The Fair Housing Officer shall be accessible to the Mayor
and the Housing Site Development Agency as required.
B.
The Fair Housing Officer shall be under only administrative supervision
by the Executive Director of the Norwalk Redevelopment Agency. The
Fair Housing Officer shall report to and receive day-to-day managerial
supervision from this source. The Fair Housing Officer shall receive
policy advice and direction from the Fair Housing Advisory Commission
in those areas relating to the duties of the Fair Housing Advisory
Commission. The Fair Housing Officer shall supervise any and all volunteers
and support staff. The location of the office of the Fair Housing
Officer shall be in the office of the Redevelopment Agency. The location
of the office of the Fair Housing Officer and the administrative supervisor
may be changed subject to further agreement between the City and the
NAACP.
C.
The Fair Housing Officer will file an annual report with the Fair Housing Advisory Commission prior to the end of the City's fiscal year pertaining to his/her activities and findings and regarding enforcement and compliance in the City under Title VIII and the City's Equal Opportunity Housing ordinances (Chapter 59A of the Norwalk City Code). Upon acceptance by the Fair Housing Advisory Commission, said annual report shall be submitted by the Fair Housing Officer to the Mayor, the Housing Site Development Agency and other appropriate City commissions and agencies as directed by the Fair Housing Advisory Commission.
D.
The Fair Housing Officer shall prepare a proposed budget for the
Fair Housing Office and support staff and shall submit said budget
to the Fair Housing Advisory Commission for its timely review.
A.
The hiring and termination of the Fair Housing Officer shall be made
upon the terms and conditions as set forth herein. Upon the vacancy
of the position of Fair Housing Officer, the Fair Housing Advisory
Commission shall, in the normal course, accept and review resumes
and conduct interviews of candidates for the position. Upon consideration
of same, the Fair Housing Advisory Commission shall meet and recommend
the selection of a Fair Housing Officer and shall submit his/her name
to the Housing Site Development Agency which shall ratify such recommendation
unless good cause is shown. The Fair Housing Advisory Commission may,
on an annual basis, subject to the provisions of any and all laws
and regulations, conduct an evaluation of the performance of the Fair
Housing Officer. The Fair Housing Advisory Commission may also recommend
that the Fair Housing Officer be terminated for unsatisfactory performance
or other just cause. Such termination recommendation shall be submitted
to the Housing Site Development Agency for approval unless good cause
is shown. The Housing Site Development Agency determination of whether
good cause exists to reject the recommendation of the Fair Housing
Advisory Commission regarding hiring or termination shall be final
and binding upon the Fair Housing Advisory Commission.
B.
The Fair Housing Advisory Commission may, subject to the provisions
of the Freedom of Information Act and other applicable laws, conduct
an evaluation of the Fair Housing Officer at a meeting where at least
six Commissioners are present. Any evaluation shall require the affirmative
vote of at least five Commissioners. The approved evaluation will
be placed in the Fair Housing Officer's personnel file, along with
any comments concerning the evaluation filed by the Fair Housing Officer.
This procedure shall not preclude the Executive Director of the Norwalk
Redevelopment Agency from conducting a similar evaluation as to those
areas in which he/she supervises the Fair Housing Officer.
