[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-11-1969. Amendments noted where applicable.]
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]
No person or agent acting on behalf of another shall:
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.
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.
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.
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.
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.
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, as hereinabove defined, shall be subject to a fine for each and every offense of not less than $100 nor more than $250.
Within 10 days after the alleged occurrence of a prohibited act, 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.
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.
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.
When used in this chapter, the following terms shall have the meanings indicated:
- HOUSING ACCOMMODATION
- 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.
- NATIONAL ORIGIN
- Includes ancestry.
- Includes one or more individuals, partnerships, associations, corporations, legal representatives and successors.
- VILLAGE ATTORNEY
- Includes the Deputy Village Attorney and Assistant Village Attorney.
The singular of any term used herein shall include the plural, where appropriate.