[HISTORY: Adopted by Dutchess County 7-12-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
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:
COOPERATIVE HOUSING CORPORATION
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.
DISABILITY
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
FAMILIAL STATUS
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
GENDER IDENTITY OR EXPRESSION
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
LAWFUL SOURCE OF INCOME
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
MILITARY STATUS
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
NATIONAL ORIGIN
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
SEXUAL ORIENTATION
Shall be defined pursuant to Executive Law Article 15, Section 292 of the New York State Human Rights Law.
VICTIM OF DOMESTIC VIOLENCE
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.
(1)
NOTICE
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.
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.
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.
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:
Dutchess County Deputy Commissioner of Housing
85 Civic Center Plaza, Suite 106
Poughkeepsie, New York 12601
(845) 486-3417
plandev@dutchessny.gov
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.