Village of Fonda, NY
Montgomery County
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[HISTORY: Adopted by the Board of Trustees of the Village of Fonda 12-28-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 119.
For the purpose of providing and ensuring fair housing opportunities for all within the Village of Fonda, the Village Board of the Village of Fonda, in the County of Montgomery, State of New York, under general authority of the General Municipal and Village Laws, hereby enacts and publishes this chapter.
A. 
General. For the purpose of this chapter, certain words or phrases herein shall be interpreted as follows, except where the context indicates on the contrary:
(1) 
Words used in the singular include the plural;
(2) 
Words used in the present tense include the future tense;
(3) 
The word "person" includes a corporation as well as an individual; and
(4) 
The word "shall" is always mandatory.
B. 
Specific words or phrases. For the purpose of this chapter, certain items or words herein shall be interpreted as follows:
DISCRIMINATORY HOUSING PRACTICES
An act that is unlawful under §§ 49-3, 49-4 and 49-5.
DWELLING
Any building, structure or portion thereof which is occupied as, or designated 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 individuals, corporations, partnerships, associations, labor organizations, legal representative, 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 § 49-6, it shall be unlawful within the Village of Fonda:
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, creed, color, national original, sexual orientation, military status, sex, disability, marital status 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, creed, color, national original, sexual orientation, military status, sex, disability, marital status 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, creed, color, national original, sexual orientation, military status, sex, disability, marital status or familial status, or an intention to make any such preference, limitation or discrimination.
D. 
To represent to any person because of race, creed, color, national original, sexual orientation, military status, sex, disability, marital status or familial status that any dwelling is not available for inspection, sale, 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 representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, national original, sexual orientation, military status, sex, disability, marital status or familial status.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful within the Village of Fonda 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 loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, 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, creed, color, national original, sexual orientation, military status, sex, disability, marital status or familial status of such person or 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 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 § 49-6.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful within the Village of Fonda 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, creed, color, national original, sexual orientation, military status, sex, disability, marital status or familial status.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Sales/rentals by owners.
(1) 
Nothing in § 49-3 (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 a time, provided further, that in case of the sale of any such single-family house by a private individual owner not residing in such house at the time of 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 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 of 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, 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 the publication, posting, mailing, after notice, of any advertisement or written notice in violation of § 49-3 of this chapter; but nothing in this provision shall prohibit the use of attorney, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer title; or
(b) 
Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not 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 in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(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 or any interest therein; or
(c) 
He is the owner of any dwelling designated or intended for occupancy by, or occupied by, five or more families.
B. 
Sales/rental 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 the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, creed, color, national original, sexual orientation, military status, sex, disability, marital status 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 purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental of occupancy of such lodgings to its members or from giving preference to its members.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Authority and responsibility. The authority and responsibility for publicizing and enforcing this chapter shall be the Village's Fair Housing Officer, to be designated by the Mayor of the Village of Fonda.
B. 
Violations. Violations of this chapter shall reported in person or in writing to the Village's Fair Housing Officer within a year of the alleged discriminatory housing practice.
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 court against the alleged violator within 120 days following the issuance of the charge.
Where a person or organization has been found to be in violation of this chapter, a fine shall be imposed on such person or organization not to exceed $1,000 for a first offense, $2,000 for a second offense, and $5,000 for a third offense. The minimum fine for violations of this chapter shall be $500 for the first offense and $500 for each additional offense. Each and every separate violation of this chapter shall be deemed an offense for the purposes of imposing the appropriate fine.
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 most restrictive or that imposing the highest standards, shall govern.
This chapter shall be known and may be cited as "The Village of Fonda Fair Housing Law."