[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); amended in its entirety 4-20-2021 by L.L. No. 2-2021]
It is hereby ordained and directed that the City of Hudson by
this article adopts and establishes a Fair Housing Office and establishes
a fair housing policy. The Fair Housing Office will be an executive
office under the supervision of the Mayor. The purpose, policy, duties
and procedures to be followed by the Office under this fair housing
article are set forth below.
A.
In accord with the Federal Fair Housing Act (42 U.S.C. § 3601
et seq.) and the New York State Human Rights Law (Executive Law Article
15) it is the policy of the City of Hudson to provide fair housing.
B.
The opportunity for ownership, use and occupancy of housing accommodations
without discrimination because of age, race, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, sex, marital status or disability is hereby recognized as
and declared a policy of the City of Hudson to promote fair housing.
All such definitions of the Human Rights Law of the State of
New York as pertain to fair housing (Executive Law § 292),
as amended, are adopted and incorporated herein by the City as provisions
of this article.
The unlawful discriminatory practices concerning public and
private housing contained in §§ 296(2) and 296(5) of
the Human Rights Law (Executive Law Article 15) are hereby restated
by the City of Hudson as the unlawful discriminatory practices governed
by this article.
There is hereby established a Fair Housing Office which is designated
to administer this article. The head of such Office shall be appointed
by the Mayor and whose title hereunder shall be the "Fair Housing
Officer of the City of Hudson." The Fair Housing Officer shall be
a resident of the City of Hudson and shall be required to undertake
periodic training to stay up-to-date on fair housing laws and practices.
The Fair Housing Officer who will serve at the pleasure of the Mayor
and be unpaid but otherwise eligible for an annual honorarium set
in City budget. The Fair Housing Officer 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 fair housing plans and policies for the City and assist in
their execution, make investigations and studies appropriate to effectuate
this article, inform persons of the rights assured and remedies provided
under this article and provide goodwill and minimize or eliminate
discrimination in housing practices.
F.
Render each quarter to the Mayor and to the Common Council a written
report of all of its activities and of its recommendations.
G.
Furnish any person with such technical assistance that the Fair Housing
Officer 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 Common Council.
A.
Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by themselves, or by their attorney, make, sign and
file with the Fair Housing Officer 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 Fair Housing Officer.
B.
After the filing of the complaint, the Fair Housing Officer shall
make a prompt investigation in connection therewith.
C.
If, in the judgment of the Fair Housing Officer, 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 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 or from pursuing
a private right of action through the courts. In the event of such
a situation, the Fair Housing Office is hereby empowered to place
any and all of its material obtained through the investigation at
the disposal of such other governmental unit or the individual pursuing
a private course of action.
[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).
