[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-11-1969.
Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 37.
The Village Board hereby finds and declares that acts of prejudice,
intolerance, bigotry and discrimination which deny a person the opportunity
to sell, purchase, lease, rent or obtain financing for the purchase or lease
of unimproved land or housing accommodations because of race, creed, color
or national origin undermines the foundations of a free democratic community.
The Village Board declares it to be the public policy of the Village of Scarsdale
to eliminate and prevent such discrimination and to safeguard the right of
every person to sell, purchase, lease, rent or obtain financing for the purchase
or lease of unimproved land or housing accommodations without regard to race,
creed, color or national origin. This chapter is adopted in order to reinforce
this policy and to supplement the federal and state laws pertaining to fair
housing.
[Amended 1-14-2003 by L.L. No. 2-2003]
A.
No person or agent acting on behalf of another shall:
(1)
Refuse to sell, lease, rent or otherwise deny or withhold
any unimproved land or any housing accommodation constructed or to be constructed
in the Village of Scarsdale to any person; or refuse to negotiate for the
sale, lease or rental of any unimproved land or housing accommodation to any
person by reason of the race, creed, color, gender, sexual orientation or
national origin of such person; or represent, because of the race, creed,
color, gender, sexual orientation or national origin of the person that any
unimproved land or housing accommodation is not available.
(2)
Discriminate against any person because of his race,
creed, color, gender, sexual orientation or national origin in the terms,
conditions or privileges of the sale, rental or lease of any unimproved land
or any housing accommodation constructed or to be constructed.
(3)
Print or circulate or cause to be printed or circulated
any statement, advertisement or publications or use any form or application
for the purchase, rental or lease of any unimproved land or any housing accommodation
or make any record of inquiry in connection with the prospective purchase,
rental or lease of any unimproved land or any housing accommodation which
expresses, directly or indirectly, any limitation, specification or discrimination
as to race, creed, color, gender, sexual orientation or national origin or
any intent to make any such limitation, specification or discrimination.
B.
No bank, trust company, savings bank, savings and loan
association or other financial institution to whom application is made for
financial assistance for the purchase of unimproved land or any housing accommodation
located in the Village of Scarsdale and no agent acting on behalf of such
person shall discriminate against any applicant because of race, creed, color,
gender, sexual orientation or national origin, in the granting, withholding,
extending or renewing or in the fixing of the rates, terms or conditions of
any such financial assistance.
C.
No person shall aid, abet, incite, compel or coerce the
doing of any of the acts forbidden under this chapter or attempt to do so.
D.
No person engaged in any activity to which this chapter
applies shall retaliate or discriminate against any person because such person
has filed a complaint, testified or assisted in any proceeding under this
chapter.
Any person who shall engage in any of the prohibited acts,[1] as hereinabove defined, shall be subject to a fine for each and
every offense of not less than $100 nor more than $250.
A.
Within 10 days after the alleged occurrence of a prohibited
act,[1] as hereinbefore defined, any person claiming to be aggrieved by
another person having engaged in one of said prohibited acts may file with
the Village Attorney a verified complaint, in writing, which shall state the
name and address of the property owner, the address of the property involved,
the name and address of the individual, agent or lending institution which
allegedly engaged in one of the prohibited acts and a detailed statement describing
the alleged prohibited act, and, upon receiving a verified complaint, the
Village Attorney, on behalf of the Village of Scarsdale, after due notice
to the person complained against and after such investigation as he deems
appropriate, may seek the imposition of a fine, as hereinabove provided, for
any violation of this chapter.
B.
If authorized by the Village Board of Trustees, the Village
Attorney shall promptly apply to a court of competent jurisdiction for a restraining
order or temporary injunction, or both, to compel compliance with or prevent
a breach of this chapter.
C.
Notwithstanding any other provision of this chapter,
a person who claims to be aggrieved by an alleged occurrence of a prohibited
act shall have a cause of action in any court of appropriate jurisdiction
to compel compliance with or prevent a breach of this chapter; provided, however,
that any such action must be brought within 10 days after the alleged violation
and notice thereof given to the Village Attorney.
A.
HOUSING ACCOMMODATION
NATIONAL ORIGIN
PERSON
VILLAGE ATTORNEY
When used in this chapter, the following terms shall
have the meanings indicated:
Includes any building, structure or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied as
the home, residence or sleeping place of one or more human beings.
Includes ancestry.
Includes one or more individuals, partnerships, associations, corporations,
legal representatives and successors.
Includes the Deputy Village Attorney and Assistant Village Attorney.
B.
The singular of any term used herein shall include the
plural, where appropriate.
