[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson 1-22-1996; amended in its entirety 9-12-2011 by L.L. No. 3-2011.
Subsequent amendments noted where applicable.]
For the purpose of providing and ensuring fair housing opportunities
for all within the Village of Castleton-on-Hudson, the Village Board
of the Village of Castleton-on-Hudson hereby obtains, enacts and publishes
this chapter, amending the prior chapter dealing with the subject
matter herein. The objectives of this Fair Housing Plan are to promote
the observance of Fair Housing Laws of the United States and to affirmatively
further fair housing practices with the Village of Castleton-on-Hudson.
A.
General. For the purpose of this chapter, certain words or phrases
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 tense include the future tense; the word
"person" includes a corporation as well as an individual; and the
word "shall" is always mandatory.
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILIAL STATUS
(1)
(2)
FAMILY
PERSON
TO RENT
Specific words or phrases. For the purpose of this chapter, certain
terms or words herein shall be interpreted as follows:
An act that is unlawful under this chapter.
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.
One or more individuals (who have not attained the age of 18
years) being domiciled with:
The protections afforded against discrimination on the basis
of familial status shall apply to 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.
Includes one or more individuals, corporations, partnerships,
associates, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
Except as exempted by § 34-6 herein, it shall be unlawful within the Village of Castleton-on-Hudson:
A.
To refuse to sell or rent after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
to make unavailable or deny, a dwelling to any person because of race,
color, religion, sex, national origin, handicap, or familial status.
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, national origin, handicap or familial status.
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, national origin,
handicap or familial status or an intention to make any such preference,
limitation or discrimination.
D.
To represent to any person because of race, color, religion, sex,
national origin, handicap or familial status 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, national origin, handicap or familial
status.
It shall be unlawful within the Village of Castleton-on-Hudson 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 the 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, 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 the race, color, religion, sex, national origin, handicap or familial status 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 that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 34-6 herein.
It shall be unlawful within the Village of Castleton-on-Hudson
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, national origin, handicap
or familial status.
A.
Sales/rentals by owners.
(1)
Nothing in this chapter (other than Subsection C) shall apply to:
(a)
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 one time; provided, further, that in the case
of the sale of any such single-family house by a private individual
owner not residing in such house at the time of such sale, or who
was not the recent resident of such house prior to 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 have 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 of more than three such single-family
houses at one time; and 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 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 the publication, posting, or mailing, after notice, of
any advertisement or written notice in violation 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
(b)
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
such living quarters as his residence.
(2)
For the purpose of this exemption, a person shall be deemed to be
in the business of selling or renting dwellings if:
(a)
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;
(b)
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 of any interest
therein; or
(c)
He is the owner of any dwelling designed or intended for occupancy,
or occupied by five or more families.
B.
Sales/rentals by religious organizations. 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 dwelling which it owns or operates for other than a commercial
purpose to a person of the same religion or from giving preference
to such persons, unless membership in such religion is restricted
on account of race, color, religion, sex, national origin, handicap
or familial status, nor shall anything in this chapter prohibit a
private club not in fact open to the public which, as an incident
to its primary 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.
C.
Applicability.
(1)
Nothing in this chapter limits the applicability of any reasonable
local, state, or federal restrictions regarding the maximum number
of occupants permitted to occupy a dwelling, nor does any provision
in this chapter regarding familial status apply with respect to housing
for older persons.
(2)
Housing for older persons.
(a)
As used in this Subsection C, "housing for older persons" means housing:
[1]
Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons (as defined in the state or
federal program);
[2]
Intended for, and solely occupied by, persons 62 years of age
or older; or
[3]
Intended and operated for occupancy by at least one person 55
years of age or older per unit.
(b)
Housing shall not fail to meet the requirements for housing
for older persons by reason of:
[1]
Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of Subsection C(2)(a)[2] or [3], provided that new occupants of such housing meet the age requirements of Subsection C(2)(a)[2] or [3]; or
[2]
Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Subsection C(2)(a)[2] or [3].
(3)
Nothing in this chapter prohibits conduct against a person because
such person has been convicted by any court of competent jurisdiction
of the illegal manufacture or distribution of a controlled substance
as defined in Section 102 of the Controlled Substances Act (21 U.S.C.
§ 802).
(4)
Nothing in this chapter requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
A.
Authority and responsibility. The authority and responsibility for
publicizing, administering, and enforcing this chapter shall be in
the Code Enforcement Office for the Village of Castleton-on-Hudson.
B.
Violations. Violations of this chapter shall be reported in person
or in writing to the Code Enforcement Officer. As such, barring a
designation by the Village Board to contrary, which it may do via
resolution, the Code Enforcement Officer is the Village's Fair
Housing Officer.
C.
Enforcement. Where sufficient cause exists to believe that the terms
of this chapter have been violated, the Code Enforcement Officer may
institute a complaint in court against the alleged violator. The Fair
Housing Officer will receive and process all complaints.
D.
Penalties. 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. Each and every separate violation
of this chapter shall be a minimum fine of $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 Village Board of the Village of Castleton-on-Hudson 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, and safety or the general welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules or regulations, the most restrictive,
or that imposing the highest standards, shall govern.
This chapter shall be known and may be cited as the "Fair Housing
Law of the Village of Castleton-on-Hudson" or the "Fair Housing Plan"
of the Village of Castleton-on-Hudson.
