[HISTORY: Adopted by Dutchess County 7-12-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
STATUTORY REFERENCES
New York State Human Rights Law – See Executive Law Art.
15.
Environmental quality review – See Environmental Conservation
Law Art. 8.
A.
In Dutchess County, cooperative housing corporations are among the
most affordable options for homebuyers, especially first-time homebuyers.
In order to purchase a home, and shares of the cooperative housing
corporation, the cooperative's governing board must approve each applicant.
The application process can be drawn out to the disadvantage of the
buyer and seller. Some financially qualified applicants never receive
a response.
B.
Applicants who suspect discrimination based on race, sex, age, sexual
orientation, gender identity or expression, disability, or other forms
have difficulty proving their case and have limited remedies. Under
this law, if an applicant suspects discrimination was a part of their
denial, a process will exist to register a complaint with the Dutchess
County Department of Planning and Development. The Department's designee
shall investigate such complaint and may request the cooperative housing
corporation's records from the preceding seven years to investigate
for patterns of discriminatory application denials.
C.
This chapter will protect human rights, expediate housing sales,
increase access to housing opportunities, and protect finances.
As used in this chapter, the following terms shall have the
meanings indicated:
A cooperative housing corporation formed for the purpose
of the cooperative ownership of residential real estate in the State
of New York that exercises control over real property located within
the County of Dutchess.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
Shall be defined pursuant to Executive Law Article 15, Section
292 of the New York State Human Rights Law.
A.
The governing board of any cooperative housing corporation shall
provide prospective purchasers or applicants with an application to
purchase shares of the corporation's stock.
B.
Within 15 days of the receipt of a prospective purchaser's application,
the governing board of the cooperative housing corporation shall either
acknowledge to the prospective purchaser that it is in receipt of
a properly completed application or inform the prospective purchaser
of any defect in the application. Where the governing board has informed
a prospective purchaser of a defect in the application, upon resubmission
of the application, the governing board shall have 15 days to either
acknowledge to the prospective purchaser that it is in receipt of
a properly completed application or inform the prospective purchaser
of any uncured defect in the resubmitted application.
C.
Within 45 days of the acknowledgement of receipt of a properly completed
application, the cooperative housing corporation shall either approve
or reject the application and provide the applicant with written notice
thereof, and in the case of any rejection, there shall be notice of
the grounds for such rejection.
D.
A cooperative housing corporation shall maintain records of every
submitted application and written notices of the grounds for rejection.
A cooperative housing corporation shall maintain records for seven
years upon receipt, but shall not include records prior to the effective
date of this local law, and shall produce such records to the Dutchess
County Deputy Commissioner for Housing upon request.
A.
All applications provided or made available to prospective purchasers
for the purchase of shares of the cooperative housing corporation's
stock shall include the notice found in Subsection A(1). Such notice
may be updated by the Deputy Commissioner for Housing as necessary.
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(1)
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NOTICE
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Pursuant to Chapter 158 of the Code of Local Laws of Dutchess County, the governing board of this cooperative housing corporation shall, within 15 days of the receipt of this application, either acknowledge to you, the applicant, that the application has been properly completed or notify you of any defect that you must cure before the application can be considered complete.
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Upon acknowledgement of a properly completed application, the
governing board of this cooperative housing cooperation shall, within
45 days, either approve or reject the application. An applicant shall
not be rejected due to unlawful discriminatory practices and a rejected
application shall include a written explanation for its denial.
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The failure of the governing board of this cooperative housing corporation to abide by the terms of Chapter 158 of the Code of Local Laws of Dutchess County could result in fines and penalties levied against it and entitle you, the applicant, to a full refund of any fees, payments, or assessments required by the cooperative housing corporation pursuant to the application process.
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If you believe a Cooperative Housing Corporation has violated Chapter 158 of the Code of Local Laws of Dutchess County, complaints may be made to the:
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Dutchess County Deputy Commissioner of Housing
85 Civic Center Plaza, Suite 106
Poughkeepsie, New York 12601
(845) 486-3417
plandev@dutchessny.gov
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A.
It shall be unlawful for a cooperative housing corporation to refuse
to sell, rent, lease, or otherwise deny to or withhold from any person
or group of persons housing accommodation or shares of their governing
board because of the race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, lawful source of income, victim of domestic violence
or familial status of such person or persons, or to represent that
any housing accommodation or shares are not available for inspection,
sale, rental, or lease when in fact it is so available.
B.
Complaints filed with the Dutchess County Deputy Commissioner for
Housing must be made within one year of the alleged violation.
C.
It shall be unlawful for the cooperative housing corporation or its
governing board to retaliate against a person who files a complaint
pursuant to this chapter.
A.
The Commissioner of Planning or his designee shall be vested with
the power to promulgate rules and regulations consistent with and
in furtherance of implementing this chapter.
B.
Prior to the chapter's enaction, the County shall place each cooperative
housing corporation on notice of this chapter.
C.
It shall be the duty of the Dutchess County Department of Planning
and Development to receive and investigate complaints filed within
its office.
(1)
In lieu of an investigation or in addition to, the Commissioner of
Planning and Development may refer such violations to the New York
State Division of Human Rights, the U.S. Department of Housing and
Urban Development's Office of Fair Housing and Equal Opportunity or
file a complaint in a court with appropriate jurisdiction.
(2)
Prior to determinations or penalties, the Commissioner of Planning
and Development or his designee, may require mediation or conciliation.
(3)
The Commissioner of Planning and Development, or his designee, shall
work in coordination with the Dutchess County Department of Law to
levy and enforce mediation, penalties, and refunds for violations
of this chapter.
D.
The Commissioner of Planning, or his designee, shall have the authority
to request this complaint process be certified by the United States
Department of Housing and Urban Development.
A.
Upon the failure of a cooperative housing corporation to reject or
approve an application following the prescribed timeline, such cooperative
housing corporation shall refund the prospective purchaser any and
all fees, payments, or assessments required pursuant to the application
process.
B.
An application found to be denied due to unlawful discriminatory
practice shall result in the refund of fees, payments, or assessments
required by the cooperative housing corporation pursuant to the application
process.
C.
An application found to be denied due to unlawful discriminatory
practice shall be considered a violation and be punishable by a fine
of $1,000 for the first offense, $1,500 for the second offense, and
$2,000 for the third and subsequent offense.
It is hereby determined, pursuant to the provisions of the State
Environmental Quality Review Act, 8 NYECL Section 0101 et seq., and
its implementing regulations, Part 617 of 6 NYCRR, that the adoption
of this local law is a "Type II" Action within the meaning of Section
617.5(c)(20) and (27) of 6 NYCRR, and, accordingly, is of a class
of actions which do not have a significant impact on the environment
and no further review is required." [6 NYCRR Section 617.5(c)(20)
and (27) apply to: "(20) routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment" and "(27) adoption of
regulations, policies, procedures and local legislative decisions
in connection with any action on this list."]
If any clause, sentence, paragraph, subdivision, section or
part of this chapter of the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter,
or in its application to the person, individual corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgement shall be rendered.
A.
This chapter shall be null and void on the day that statewide legislation
goes into effect incorporating either the same of substantially similar
provisions as are contained in this law or in the event that a pertinent
state or federal administrative agency issues and promulgates regulations
preempting such action by the County of Dutchess.
B.
Additionally, nothing in this chapter shall be construed as in any
way limiting a person's right to file a complaint under any applicable
federal or state law, including, without limitation, with the New
York State Division of Human Rights and/or the United States Department
of Housing and Urban Development. Additionally, this chapter shall
not in any way prohibit a person from taking any legal action which
he/she deems advisable, at any time, including but not limited to
filing a private civil action or complaint.
This chapter shall be effective January 1, 2022.
