[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 1-16-2002 by L.L. No. 2-2002.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of South
Glens Falls Fair Housing Law."
The purpose of this chapter is to provide and ensure fair housing opportunities
for all persons within the Village of South Glens Falls, County of Saratoga,
State of New York, under the applicable federal and state laws and regulations
pertaining thereto, as the same may be amended from time to time, and under
the authority of General Municipal and Village Law, hereby obtains, enacts
and publishes this chapter.
A.
General. For the purpose of this chapter, certain words
or phrases herein shall be interpreted as follows, except where the context
clearly indicates the contrary: words used in the singular include the plural;
words used in the present tense include the future tense; the word "person"
includes a corporation as well as an individual; and the word "shall" is always
mandatory.
B.
AGGRIEVED PERSON
COMPLAINANT
CONCILIATION
CONCILIATION AGREEMENT
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILIAL STATUS
FAMILY
HANDICAP
PERSON
PREVAILING PARTY
RESPONDENT
TO RENT
Specific words or phrases. For the purpose of this chapter,
certain terms or words herein shall be interpreted as follows:
Shall have the meaning set forth in 42 U.S.C.A. § 3602(i),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(j),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(m),
as amended.
Shall have the meaning set forth in 42 U.S.C.A., § 3602(m),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(f) and 24 CFR Part 100, as amended, and shall include an act that is unlawful under §§ 3604, 3605, 3606, 3617 of Chapter 45, Title 42 of the United Stated Code, as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(b),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(k),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(c),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(h),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(d),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 1988,
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602(n),
as amended.
Shall have the meaning set forth in 42 U.S.C.A. § 3602
(e), as amended.
Except as exempted by § 66-7, it shall be unlawful within the Village of South Glens Falls to:
A.
Refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color, religion,
sex, handicap, familial status, or national origin.
B.
Discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision of services
or facilities in connection therewith, because of race, color, religion, sex,
handicap, familial status, or national origin.
C.
Make, print or publish, or cause to be made, printed
or published, any notice, statement or advertisement with respect to the sale
or rental of a dwelling that indicates any preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin, or an intention to make any such preference, limitation or discrimination.
D.
Represent to any person because of race, color, religion,
sex, handicap, familial status or national origin that any dwelling is not
available for inspection, sale or rental when such dwelling is in fact so
available.
E.
For profit, to induce or attempt to induce any person
to sell or rent any dwelling by representation regarding the entry or prospective
entry into the neighborhood of a person of a particular race, color, religion,
sex, handicap, familial status, or national origin.
F.
Refuse to let a physically or mentally disabled person
(including hearing, mobility and visual impairments, chronic alcoholism, chronic
mental illness, AIDS, AIDS Related Complex and mental retardation), that substantially
limits one or more major life activities, make reasonable modifications to
dwelling or common use area, at the expense of the person with the disability,
if necessary for the handicapped person to use the housing.
G.
Refuse to make reasonable accommodations in rules, policies,
practices or services, if necessary for the handicapped person to use the
housing.
It shall be unlawful in the Village of South Glens Falls for any bank, building and loan association, insurance company, or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, handicap, familial status or national origin of such person associated with him in connection with such loan of such person or any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other financial assistance, or the present or prospective owner, lessee, tenant, or occupant of the dwelling in relation to which such loan or other financial assistance is to be made or given; provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 66-7.
It shall be unlawful within the Village of South Glens Falls to deny
any person access to or membership or participation in any multiple-listing
service, real estate broker's organization, or other service organization
or facility relating to the business of selling or renting dwellings; or to
discriminate against him in the terms or conditions of such access, membership
or participation on account of race, color, religion, sex, handicap, familial
status, or national origin.
B.
Sales/Rentals by religious organizations. Nothing in
this chapter shall prohibit a religious organization, association or society,
or any nonprofit institution or organization operated, supervised or controlled
by or in conjunction with a religious organization, association or society,
from limiting the sale, rental, or occupancy of dwelling which it owns or
operates for other than a commercial purpose to persons of the same religion,
or from giving preference to such persons, unless membership in such religion
is restricted on account of race, color, sex, handicap, familial status, or
national origin; nor shall anything in this chapter prohibit a private club
not in fact open to the public, which as an incident to its primary purpose
provides lodging which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such lodgings to its members or from
giving preference to its members.
A.
Any aggrieved person may file a complaint in person or
by mail to:
(1)
Office of Fair Housing and Equal Opportunity, U.S. Department
of Housing and Urban Development, Washington, DC 20410-2000; or
(2)
Any regional or field office of the U.S. Department of
Housing and Urban Development; or
(3)
The Village Fair Housing Officer, who shall immediately
file a copy thereof with the regional or field office of the U.S. Department
of Housing and Urban Development, along with a request for a determination
as to whether such complaint will be referred to said officer for the administrative
disposition.
B.
A complaint may be filed with the assistance of an authorized
representative of an aggrieved person, including any organization acting on
behalf of an aggrieved person.
C.
No complaint shall be filed more than one year after
an alleged discriminatory housing practice has occurred or terminated.
D.
A complaint shall be made on the form prescribed by the
U.S. Department of Housing and Urban Development, and shall contain all the
information required therein and thereby.
E.
A complaint may be reasonably and fairly amended at any
time as permitted by the U.S. Department of Housing and Urban Development
or, upon referral, by the Village Fair Housing Officer.
F.
The respondent may file an answer to any complaint not
later than 10 days after receipt of notice from either the U.S. Department
of Housing and Urban Development or the Fair Housing Officer of the filing
of such complaint.
G.
Any complaint and any answer shall be affirmed by the
person filing the same.
H.
Upon referral by the U.S. Department of Housing and Urban
Development of a complaint duly filed therewith to the Fair Housing Officers,
the Fair Housing Officer shall serve notice, by certified mail or personal
service, upon both the complaint and the respondent containing the following:
(1)
Acknowledging the referral of the complaint, stating
the date that the complaint was accepted for filing, and that the respondent
must file an answer within 10 days;
(2)
Include a copy of the complaint;
(3)
Advise the aggrieved person and the respondent of the
time limits applicable to complaint processing and disposition, and of the
procedural rights and obligations of the aggrieved person, under this chapter;
(4)
Advise the aggrieved person and the respondent that the
aggrieved person has the right to commence a civil action under Section 813
of the Fair Housing Act in an appropriate U.S. District Court not later than
two years after the occurrence or termination of the alleged discriminatory
housing practice, and stating that the computation of said two-year period
excludes any time during which this administrative proceeding is pending,
and includes the time period during which an action arising from a breach
of conciliation agreement under Section 814(b)(2) of the Fair Housing Act
is pending; and
(5)
Advise the aggrieved person and the respondent that retaliation
against any person because he or she made a complaint to, testified, assisted,
or participated in an investigation or conciliation under this chapter is
a discriminatory housing practice that is prohibited under this chapter and
Section 818 of the Fair Housing Act.
I.
The Village Mayor and his/her designated agent is hereby
designated to be the administrative enforcement officer of this chapter, and
the following powers and duties are hereby delegated to him/her:
(1)
To investigate the allegations of any complaint, including
the power to issue subpoenas in connection with such investigation, and complete
the investigation in not more than 100 days after receipt of the complaint,
unless it is impracticable to do so, in which event he/she shall notify the
complainant and the respondent in writing of the reasons therefor.
(2)
Following completion of the investigation, to issue a
final investigative report, which may be amended at any time if additional
evidence is discovered, containing at least the following:
(3)
To conciliate the matters set forth in any complaint
and approve any conciliation agreement arising out of such conciliation efforts.
(4)
To make a final administrative disposition of a complaint,
after providing the complainant and the respondent with a copy of the final
investigative report and thereafter affording the complainant and the respondent
the right to be heard and present evidence in connection with the complaint
and/or said final investigative report, within one year of the date of receipt
of a complaint, unless it is impracticable to do so, in which event he/she
shall notify the complainant and the respondent in writing of the reasons
therefor.
J.
In making a final administrative disposition, or in approving
any conciliation agreement, the Fair Housing Officer shall have the power
and authority to grant to the prevailing party actual damages, injunctive
or other equitable relief, and/or assess a civil penalty not in excess of
$1,000.
K.
Any approved conciliation agreement shall be made public
unless the complainant and respondent otherwise agree and the Fair Housing
Officer determines that disclosure is not required in order to further the
purpose of this chapter.
L.
A final administrative disposition shall be subject to
judicial review by a proceeding commenced pursuant to Article 78 of the New
York Civil Practice Law and Rules and venued in Saratoga County Supreme Court,
provided that such proceeding is commenced within 30 days of the receipt of
such final administrative disposition by the person commencing such proceeding.
A.
Amendment. The Village Board may, on its own initiative
or petition, amend, supplement, or repeal the provisions of this chapter in
conformity with applicable law after public notice and hearing.
B.
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, morals, safety or the general welfare.
Whenever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the most
restrictive, or that imposing the highest standards, shall govern.
C.
Validity. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision thereof.
D.
Effective date. This chapter shall take effect immediately
upon filing with the Secretary of State after adoption.
