[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.
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.
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:
Establish and maintain a principal office within the City as may be necessary.
Upon request, obtain and utilize the services of all governmental departments and agencies.
Formulate policies to effectuate the purpose of this article.
Receive and investigate complaints alleging violations of this article.
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.
Render each quarter to the Mayor and to the Common Council a written report of all of its activities and of its recommendations.
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.
Have such other powers and duties described hereinafter and as may be designated by the Mayor or otherwise authorized by the Common Council.
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.
After the filing of the complaint, the Fair Housing Officer shall make a prompt investigation in connection therewith.
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.
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, 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.
Editor's Note: See the Code of Federal Regulations, 24 CFR 570.606(b).
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:
The units must be located within the City of Hudson.
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.
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.
The units must be designed to remain low-/moderate-income dwelling units for at least 10 years from the date of initial occupancy.
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:
A description of the proposed assisted activity.
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.
A time schedule for the commencement and completion of the demolition or conversion.
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.
The source of funding and a time schedule for the provision of replacement dwelling units.
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.
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).
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:
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.
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.
Households are eligible to receive one of the following forms of replacement housing assistance.
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:
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
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.
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.
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:
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.
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.
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:
The household is evicted for cause;
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
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), 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).
- 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).