[HISTORY: Adopted by the Town Council of the Town of Brighton 3-14-2018. Amendments noted where applicable.]
A.Â
The Town Board of the Town of Brighton (the "Town") reaffirms that
the Town has the responsibility to act to ensure that every individual
within the Town is afforded an equal opportunity to enjoy a full and
productive life, and that the failure to provide such equal opportunity,
whether because of discrimination, prejudice, intolerance or inadequate
housing, not only threatens the rights and proper privileges of its
inhabitants, but menaces the institutions and foundations of a free
democratic state and threatens the peace, order, health, safety and
general welfare of the state and its inhabitants. The Town Board of
the Town of Brighton wishes to provide a method of redress for discrimination
based on source of income with remedies and damages to be awarded
commensurate with relief awarded to other protected groups.
The authority of this chapter shall be in the exercise of the
municipal home rule powers under § 10 of the Municipal Home
Rule Law of the State of New York and for the protection of the public
health, welfare, and well-being of the people of this Town and at
property located therein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any space in a building, structure, or portion thereof which
is used or occupied or is intended, arranged or designed to be used
or occupied for the manufacture, sale, resale, processing, reprocessing,
displaying, storing, handling, garaging or distribution of personal
property; and any space which is used or occupied, or is intended,
arranged or designed to be used or occupied, as a separate business
or professional unit or office in any building, structure or portion
thereof.
Any direct or indirect act, policy or practice of exclusion,
distinction, restriction, segregation, separation, limitation, refusal,
denial or any other act or practice of differentiation or preference;
or the aiding, abetting, inciting, coercing or compelling thereof.
Includes any building, structure, or portion thereof located
in the Town which is used or occupied or is intended, arranged or
designed to be used or occupied as the home, residence or sleeping
place of one or more human beings.
Includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy,
or receivers.
Any person, firm or corporation who, for another and for
a fee, commission or other valuable consideration, lists for sale,
sells, at auction or otherwise, exchanges, buys or rents, or offers
or attempts to negotiate a sale, at auction or otherwise, exchange,
purchase or rental of an estate or interest in real estate, or collects
or offers or attempts to collect rent for the use of real estate,
or negotiates, or offers or attempts to negotiate, a loan secured
or to be secured by a mortgage or other encumbrance upon or transfer
of real estate. In the sale of lots pursuant to the provisions of
Article 9-A of the Real Property Law, the term "real estate broker"
shall also include any person, partnership, association or corporation
employed by or on behalf of the owner or owners of lots or other parcels
of real estate, at a stated salary, or upon a commission, or upon
a salary and commission, or otherwise, to sell such real estate, or
any parts thereof, in lots or other parcels, and who shall sell or
exchange, or offer or attempt or agree to negotiate the sale or exchange,
of any such lot or parcel of real estate.
A person employed by a licensed real estate broker to list
for sale, sell or offer for sale, at auction or otherwise, to buy
or offer to buy or negotiate the purchase or sale or exchange of real
estate, or to negotiate a loan on real estate, or to lease or rent
or offer to lease, rent or place for rent any real estate, or who
collects or offers or attempts to collect rent for the use of real
estate for or on behalf of such real estate broker.
Payments from any lawful occupation or employment, as well
as other payments, including, but not limited to, public assistance,
public assistance security agreements, supplemental security income,
pensions, annuities, unemployment benefits, government subsidies such
as Section 8 and other housing subsidies and domestic support.
The Town of Brighton in the County of Monroe and State of
New York.
Includes those practices specified in this chapter.
The provisions of this chapter shall not apply to:
A.Â
The rental of a housing accommodation in a building which contains
housing accommodations for not more than two families living independently
of each other, if the owner or members of the owner's family
reside in one of such housing accommodations.
B.Â
The rental of rooms in a housing accommodation, if such rental is
by the occupant of the housing accommodation or by the owner of the
housing accommodation and said owner or members of the owner's
family reside in such housing accommodations.
A.Â
The opportunity to obtain the use and occupancy of housing accommodations
without discrimination because of source of income is hereby recognized
and declared to be a civil right.
(1)Â
Housing accommodations.
(a)Â
It shall be unlawful:
[1]Â
To refuse to rent or lease or otherwise to deny to or withhold
from any person or group of persons such housing accommodations because
of the source of income of such person or persons.
[2]Â
To cause to be made any written or oral inquiry or record concerning
the source of income of a person seeking to rent or lease any housing
accommodation.
(b)Â
It shall be an unlawful discriminatory practice for the owner,
lessee, sublessee, assignee, or managing agent of, or other person
having the right to sell, rent, or lease a housing accommodation,
commercial space, constructed or to be constructed, or land, or any
agent or employee thereof:
[1]Â
To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons because of the source of income
of such person or persons.
[2]Â
To discriminate against any person because of his or her source
of income in the terms, conditions or privileges of the sale, rental
or lease or in the furnishing of facilities or services in connection
therewith.
[3]Â
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for the purchase, rental or lease or to make any record or inquiry
in connection with the prospective purchase, rental or lease which
expresses, directly or indirectly, any limitation, specification or
discrimination as to source of income, or any intent to make any such
limitation, specification or discrimination.
(c)Â
It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesman or employee or agent thereof:
[1]Â
To refuse to sell, rent or lease any housing accommodation to
any person or group of persons or to refuse to negotiate for the sale,
rental or lease, of any housing accommodation, to any person because
of the source of income of such person or persons, or to represent
that any housing accommodation is not available for inspection, sale,
rental or lease when in fact it is so available, or otherwise to deny
or withhold any housing accommodation, land or commercial space or
any facilities of any housing accommodation from any person or group
of persons because of the source of income of such person or persons.
[2]Â
To print or circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of application
for the purchase, rental or lease of any housing accommodation, or
to make any record of inquiry in connection with the prospective purchase,
rental or lease of any housing accommodation, which expresses, directly
or indirectly, any limitation, specification, or discrimination as
to source of income or any intent to make any such limitation, specification
or discrimination.
[3]Â
To represent that a change has occurred or will or may occur
in the composition with respect to source of income of the owners
or occupants in the block, neighborhood or area in which the real
property is located, and to represent, directly or indirectly, that
this change will or may result in undesirable consequences in the
block, neighborhood or area in which the real property is located,
including but not limited to the lowering of property values, an increase
in criminal or antisocial behavior, or a decline in the quality of
schools or other facilities.
(2)Â
Civil rights. No person because of source of income shall be subjected
to any discrimination in his or her civil rights, or to any harassment
in the exercise thereof, by any person or by any firm, corporation,
institution located in the Town, or by the Town or any agency of the
Town.
B.Â
Enforcement. Any person claiming to be aggrieved by an unlawful discriminatory
practice shall have a civil cause of action in any court of appropriate
jurisdiction for damages and such remedies as may be appropriate.
Any action brought for violation of this chapter must be commenced
within one year after the alleged unlawful discriminatory practice.
