This chapter shall be known and may be cited as the "Town of
Spencer Fair Housing Law."
For the purpose of providing and ensuring fair housing opportunities
for all within the Town of Spencer, the Town Board of the Town of
Spencer in the County of Tioga, State of New York, under the authority
of the General Municipal Law and Town Law, hereby ordains, enacts
and publishes this chapter.
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.
For the purpose of this chapter, certain terms or words herein
shall be interpreted as follows:
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
Includes a single individual.
PERSON
Includes one or more of 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
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 §
69-8, it shall be unlawful within the Town Spencer:
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 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 provisions 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, printing 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 neighborhood of a person or persons of a particular race,
color, religion, sex, handicap, familial status or natural origin.
It shall be unlawful within the Town of Spencer 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, improving, repairing or maintaining a dwelling or 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 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 the section shall impair the scope or effectiveness of the exception contained in §
69-8.
It shall be unlawful within the Town of Spencer 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 participation on account
of race, color, religion, sex, handicap, familial status or national
origin.
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 more restrictive, or that imposing the highest standards, shall
govern.
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 Spencer.
Violations of this chapter shall be an offense and shall be
reported, in person or in writing, to the Town 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 proceeding in Town Justice Court against the alleged violator within
100 days following the issuance of the charge.
[Amended 4-14-1998 by L.L. No. 1-1998]
Where a person or organization has been found guilty of a violation
of this chapter, a fine shall be imposed on such person or organization,
not to exceed $250 or imprisonment for not more than 15 days, or both.
Each and every separate violation of this chapter shall be deemed
an offense for the purposes of imposing the appropriate fine.