[HISTORY: Adopted by the Common Council of the City of Hudson as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-1982 by L.L.
No. 7-1982 (Ch. 65, Art. I, of the 1973 Code)]
It is hereby ordained and directed that the City of Hudson by this article
adopts and establishes a Fair Housing Commission and establishes a fair housing
policy. The Hudson Human Rights Commission shall assume the additional duties
related to fair housing and shall serve as the Fair Housing Commission. The
purpose, policy, duties and procedures to be followed by the Commission under
this fair housing article are set forth below.
A.
In accord with Title VII of the United States Code and
the Human Rights Law of the State of New York, it is the policy of the City
of Hudson to provide fair housing.
B.
The purposes of this article are those in accord with
Title VIII of the United States Code as such section applies to fair housing.
All such definitions of the Human Rights Law of the State of New York
as pertain to fair housing are hereby restated by the City as a provision
of this article.
All such unlawful discriminatory practices contained in the Human Rights
Law of the State of New York as pertaining to fair housing are hereby restated
by the City of Hudson as the provisions of this article.
There is hereby established a Fair Housing Office, which is designated
to administer this article. The head of such Office shall be the Administrative
Officer of the Hudson Community Development and Planning Agency, whose further
title hereunder shall be the "Fair Housing Officer of the City of Hudson."
The Fair Housing Office shall:
A.
Establish and maintain a principal office within the
City as may be necessary.
B.
Upon request, obtain and utilize the services of all
governmental departments and agencies.
C.
Formulate policies to effectuate the purpose of this
article.
D.
Receive and investigate complaints alleging violations
of this article.
E.
Develop human rights plans and policies for the City
and to assist in their execution, to make investigations and studies appropriate
to effectuate this article, to inform persons of the rights assured and remedies
provided under this article and to provide goodwill and to minimize or eliminate
discrimination.
F.
Render each year to the Mayor and to the City Council
a written report of all of its activities and of its recommendations.
G.
Furnish any person with such technical assistance that
the Commission deems appropriate to further compliance with the purposes or
provisions of this article.
H.
Have such other powers and duties described hereinafter
and as may be designated by the Mayor or otherwise authorized by the City
Council.
A.
Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by himself or by his attorney, make, sign and file with the
Commission, a verified complaint which shall state the name and address of
the person or persons alleged to have committed the unlawful discriminatory
practice complained of and which shall set forth the particulars thereof and
contain such other information as may be requested by the Commission.
B.
After the filing of the complaint, the Commission shall
make a prompt investigation in connection therewith.
C.
If, in the judgment of the Commission, the circumstances
so warrant, it may, at any time after the filing of the complaint, endeavor
to eliminate such discriminatory practice by conference, conciliation and
persuasion.
D.
Nothing contained in this article shall be construed
as so to limit or prohibit investigation by any other governmental unit of
competent jurisdiction, nor shall anything contained herein limit any aggrieved
party from pursuing any remedy available therefrom. In the event of such a
situation, the Commission is hereby empowered to place any and all of its
material obtained through the investigation at the disposal of such other
governmental unit.
[Adopted 3-21-1989 by Res.
No. 13 of 3-21-1989 (Ch. 65, Art. II, of the 1973 Code)]
The City of Hudson hereby adopts its Residential Antidisplacement and
Relocation Assistance Plan as follows. Under Section 104(d) of the Housing
and Community Development Act of 1974, as amended,[1] the City of Hudson must adopt, make public and certify that it
is following a residential antidisplacement and relocation assistance plan
providing one-for-one replacement units and relocation assistance. The plan
must also indicate the steps that will be taken consistent with other goals
and objectives to minimize the displacement of persons from their homes as
a result of any activities assisted under the Act.
[1]
Editor's Note: See the Code of Federal Regulations, 24 CFR 570.606(b).
A.
All occupied and vacant occupiable low-/moderate-income
dwelling units that are demolished or converted to a use other than as low-/moderate-income
dwelling units as a direct result of an activity assisted under the Act must
be replaced by governmental agencies or private developers with low-/ moderate-income
dwelling units. Replacement low-/moderate-income dwelling units may include
public housing or existing housing receiving Section 8 project-based assistance
under the United States Housing Act of 1937. The replacement low-/moderate-income
dwelling units must be provided within three years of the commencement of
the demolition or rehabilitation related to the conversion and must meet the
following requirements:
(1)
The units must be located within the City of Hudson.
(2)
The units must be sufficient in number and size to house
at least the number of occupants that could have been housed in the units
that are demolished or converted. The number of occupants that may be housed
in units shall be determined in accordance with local housing occupancy codes.[1]
(3)
The units must be provided in standard condition. Replacement
low-/moderate-income dwelling units may include units that have been raised
to standard from substandard condition.
(4)
The units must be designed to remain low-/moderate-income
dwelling units for at least 10 years from the date of initial occupancy.
B.
Before obligation or expending funds provided under this
part for any activity that will directly result in the demolition of low-/moderate-income
dwelling units or the conversion of low-/moderate-income dwelling units to
another use, the City of Hudson must make public and submit the following
information, in writing, to HUD:
(1)
A description of the proposed assisted activity.
(2)
The general location on a map and approximate number
of dwelling units by size (number of bedrooms) that will be demolished or
converted to a use other than for low-/moderate-income dwelling units as a
direct result of the assisted activity.
(3)
A time schedule for the commencement and completion of
the demolition or conversion.
(4)
The general location on a map and approximate number
of dwelling units by size (number of bedrooms) that will be provided as replacement
dwelling units.
(5)
The source of funding and a time schedule for the provision
of replacement dwelling units.
(6)
The basis for concluding that each replacement dwelling
unit will remain a low-/moderate-income dwelling unit for at least 10 years
from the date of initial occupancy.
C.
The requirements of this section do not apply if the
HUD field officer determines, upon objective data, that there is an adequate
supply of vacant low-/moderate-income dwelling units in standard condition
available on a nondiscriminatory basis within the City of Hudson in accordance
with 24 CFR 570.606(b)(1)(iii).
A.
Each low- or moderate-income household that is displaced
by demolition or by the conversion of a low-/moderate-income dwelling unit
to another use as a direct result of an activity assisted under this part
shall be provided with relocation assistance. The low- or moderate-income
household may elect to receive relocation assistance described at 24 CFR Part
42, or may elect to receive the following relocation assistance:
(1)
Relocation notices must be issued consistent with and in the manner prescribed under 24 CFR 42.203. The definition of "comparable replacement dwelling" used in 24 CFR Part 42 is modified as described in § 174-11 of this article. Displaced households provided with replacement housing assistance under Subsection A(3) of this section, in the form of a certificate or housing voucher under Section 8 of the United States Housing Act of 1937, must be provided referrals to comparable replacement dwelling units whose owners are willing to participate in the housing voucher or certificate program. The City of Hudson shall advise tenants of their rights under the Federal Fair Housing Law (Title VIII) and of replacement housing opportunities in such a manner that, whenever feasible, they will have a choice between relocating within their neighborhoods and other neighborhoods consistent with the City of Hudson's responsibility to affirmatively further fair housing.
(2)
The reasonable and necessary cost of any security deposit
required to rent the replacement dwelling unit and credit checks required
to rent or purchase the replacement dwelling unit.
(3)
Households are eligible to receive one of the following
forms of replacement housing assistance.
(a)
Each household must be offered compensation designed
to ensure that, for a five-year period, the displaced household will not bear,
after relocation, a ratio of shelter costs to income that exceeds 30%. Such
compensation shall be either:
[1]
A certificate or housing voucher for rental assistance
provided through the Local Public Housing Agency under Section 8 of the United
States Housing Act of 1937; or
[2]
Cash rental assistance equal to 60 times the amount that
is obtained by subtracting 30% of the displaced household's monthly gross
income, with such adjustments as the City of Hudson may deem appropriate,
from the lesser of the monthly cost of rent and utilities at a comparable
replacement dwelling unit or the monthly cost of rent and utilities at the
decent, safe and sanitary replacement dwelling to which the household relocates.
The City of Hudson may provide the cash payment in either a lump sum or in
installments. The City of Hudson may at its discretion offer the household
a choice between the certificate/housing voucher or cash rental assistance.
(b)
If the household purchases an interest in a housing cooperative
or mutual housing association and occupies a decent, safe and sanitary unit
in the cooperative or association, the household may elect to receive a lump
sum payment. This lump sum payment shall be equal to the capitalized value
of 60 monthly installments of the amount that is obtained by subtracting 30%
of the displaced household's monthly gross income, with such adjustments as
the City of Hudson may deem appropriate, from the monthly cost of rent and
utilities at a comparable replacement dwelling unit. To compute the capitalized
value, the installments shall be discounted at the rate of interest paid on
passbook savings deposits by a federally insured bank or savings and loan
institution conducting business within the City of Hudson's jurisdiction.
To the extent necessary to minimize hardship to the household, the City of
Hudson shall, subject to appropriate safeguards, issue a payment in advance
of the purchase of the interest in the housing cooperative or mutual housing
association.
B.
Eligibility for relocation assistance. A low- or moderate-income
household that is required to move as a direct result of demolition or conversion
of a low-/moderate-income dwelling unit to another use is eligible for relocation
assistance under this subsection if:
(1)
The household is required to move from the dwelling unit
on or after the date that the owner submits a request to the City of Hudson
for financial assistance that is later approved for the requested activity.
This applies to dwelling units owned by a person other than a federal or state
agency.
(2)
The household is required to move from the dwelling unit
on or after the date of the initial submission of a final statement under
24 CFR 570.302(a)(2) (Entitlement Grants); the initial submission of an application
to HUD by a unit of general local government under 24 CFR 570.426, 570.430
or 570.435(d) that is granted for the requested activity (HUD-administered
Small Cities Program); or the submission of an application to HUD by a city
or urban county under 24 CFR 570.458 that is granted for the requested activity
(UDAG). This applies to dwelling units owned by a federal or state agency.
C.
If the displacement occurs on or after the appropriate date described in Subsection B of this section, the low- or moderate-income household is not eligible for relocation assistance if:
(1)
The household is evicted for cause;
(2)
The household moved into the property on or after the date described in Subsection B of this section, after receiving written notice of the expected displacement; or
(3)
The City of Hudson determines that the displacement was
not a direct result of the assisted activity, and the HUD office concurs in
that determination.
For the purposes of this article, the following terms shall have the
meanings indicated:
- COMPARABLE REPLACEMENT DWELLING UNIT
- A dwelling unit that, meets the criteria of 24 CFR 42.2(c)(1) through (4) and is available at a monthly cost for rent plus estimated average monthly utility costs that does not exceed 30% of the household's average gross monthly income, with such adjustments to income as the City of Hudson may deem appropriate, after taking into account any rental assistance the household would receive. Where a certificate or housing voucher is provided under § 174-10A(3)(a)[1], the dwelling unit must be available to the household at a monthly cost for rent and estimated average monthly utility cost that does not exceed the fair market rent or the payment standard, respectively.
- DECENT, SAFE AND SANITARY DWELLING
- A decent, safe and sanitary dwelling as defined in 24 CFR 42.2(3).
- HUD
- The United States Department of Housing and Urban Development.
- LOW-/MODERATE-INCOME DWELLING UNIT
- A dwelling unit with a market rental, including utility costs, that does not exceed the applicable fair market rent (FMR) for existing housing and moderate rehabilitation established under 24 CFR Part 888.
- OCCUPIABLE DWELLING UNIT
- A dwelling unit that is in a standard condition or that is in a substandard condition but is suitable for rehabilitation.
- STANDARD CONDITION and SUBSTANDARD CONDITION SUITABLE FOR REHABILITATION
- If the City of Hudson has a HUD-approved housing assistance plan, the definitions of "standard condition" and "substandard condition suitable for rehabilitation" established in the plan will apply. If the City of Hudson does not have a HUD-approved housing assistance plan, the City of Hudson must establish and make public its definition of these terms, consistent with the requirements of 24 CFR 570.306(e)(1).
