Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 1-13-1969, effective 1-23-69. Section 222-5A, B and C amended at time of adoption of Code; see Ch. 1, General Provisions Art. I. (This ordinance adopted 1-13-1969 was included as Ch. 17 of the Unified Code of Ordinances.) Other amendments noted where applicable.]
[Amended 9-14-1970, effective 9-22-1970]
The Board of Trustees of the Village of Mamaroneck declares it to be public policy of the Village of Mamaroneck to eliminate and prevent discrimination and involuntary segregation based on race, creed, color, national origin or sex and to safeguard the right of every person to sell, purchase, lease or rent or obtain financing for the purchase or lease of housing accommodation without regard to race, creed, color, national origin or sex.
[Amended 9-14-1970, effective 9-22-1970]
When used in this chapter, the following terms shall have the meanings indicated:
HOUSING ACCOMMODATION
Any place in which human habitation is permitted by the Village of Mamaroneck.
NATIONAL ORIGIN
Includes ancestry.
PERSON
Includes one (1) or more individuals, partnerships, associations, corporations, legal representatives and successors. The singular shall be construed as if it reads the plural whenever the sense of this chapter so requires.
[Amended 9-14-1970, effective 9-22-1970]
A. 
No person or agent acting on behalf of another or bank, trust company, savings bank or other financial institution or lender doing business in the Village of Mamaroneck shall:
(1) 
Refuse to sell, rent, lease or mortgage any housing accommodation or any facilities of any housing accommodation or land in the Village of Mamaroneck to any person or group of persons or refuse to negotiate for the sale, rental, lease and mortgage of any housing accommodation or land to any person or group of persons by reason of race, creed, color, national origin or sex of such person or persons or represent that any housing accommodation or land is not available for inspection, sale, rental, lease or mortgage when in fact it is so available or otherwise deny or withhold any housing accommodation or any facilities of any housing accommodation or land from any person or group of persons because of the race, creed, color, national origin or sex of such person or persons. The provisions of this subsection shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families who live independent of each other if the owner or members of his family reside in one (1) of such housing accommodations or to the rental of a room or rooms in a housing accommodation designed for one-family occupancy if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation or to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex.
(2) 
Discriminate against any person because of his race, creed, color, national origin or sex in the terms, conditions or privileges of the sale, rental, lease or mortgage of any housing accommodation or in the furnishing of facilities or services in connection therewith.
(3) 
Print or circulate or cause to be printed or circulated any statement, advertisement or publication or use any form or application for the purchase, rental, lease or mortgage of any housing accommodation or land or make any record of inquiry in connection with the prospective purchase, rental, lease or mortgage of any housing accommodation or land which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin or sex or any intent to make any such limitation, specification or discrimination.
B. 
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.
C. 
No person engaged in any activity to which this chapter applies shall retaliate or discriminate against any person because such person has opposed any practices forbidden under this chapter or because such person has filed a complaint, testified or assisted in any proceeding under the chapter.
A. 
The Village Attorney is authorized to receive complaints of violations of this chapter and shall take the necessary action to enforce the provisions of this chapter. Any action taken by the Village Attorney under this chapter shall not require further resolution of the Village Board.
B. 
Any person claiming to be aggrieved by an unlawful discriminatory practice, as defined in § 222-3 may, by himself or through his attorney at law, make, sign and file a verified complaint with the Village Attorney at his office in the Municipal Building. A copy of the complaint shall also be served upon the respondent by the aggrieved party. The complaint required by this section shall include, among other things, the name and address of the person alleged to have committed the violation, the nature of the violation complained of, the facts and circumstances alleged to constitute a violation, the address of the premises, the name and address of the owner of the premises and the specific section of this chapter alleged to have been violated, together with such other information as the Village Attorney may require.
C. 
After the filing of any complaint, the Village Attorney shall immediately examine the complainant and, upon a determination that probable cause may exist, promptly notify the respondent that a complaint has been filed, serve a copy thereof on all persons he shall deem to be necessary parties to the proceeding and post a notice upon the particular housing accommodation described in the complaint, which notice shall be effective for a period of up to fifteen (15) days. The notice shall contain sufficient information to make persons interested in the sale, purchase, rental, lease or mortgage of the housing accommodation aware that a complaint of a violation of this chapter has been received and is being investigated by the Village Attorney's office. The requirement for the posting of a notice upon the premises complained of may be dispensed with when the person or persons charged with a violation of this chapter agree, in writing, not to sell or rent the housing accommodation during the pendency of the action or proceeding against such person or persons. In the event that the Village Attorney determines, after investigation, that he lacks jurisdiction or that probable cause does not, in fact, exist, the complainant and all other parties interested shall be served with a notice dismissing the complaint.
A. 
Any person who shall violate any of the provisions of § 222-3 shall, for each and every offense, be deemed guilty of a violation and, upon conviction thereof, shall be fined not more than two hundred fifty dollars ($250.) or shall be imprisoned for a period of not more than fifteen (15) days, or may be both fined and imprisoned.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
B. 
Any person who sells or rents or mortgages the housing accommodation or land in question to anyone other than the complainant after notice that a complaint of discrimination has been filed against such person shall, upon conviction, be fined not more than two hundred fifty dollars ($250.) or shall be imprisoned not more than fifteen (15) days, or may be both fined and imprisoned.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
C. 
Any person who removes, covers or defaces the posted notice shall be fined not more than two hundred fifty dollars ($250.) or shall be imprisoned not more than fifteen (15) days, or shall be both fined and imprisoned.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
D. 
Upon conviction of a violation under this chapter, a violator shall, after application to a court of competent jurisdiction, be ordered to make available to the complainant the premises involved.
In addition to the sanctions and remedies set forth in § 222-5 above, the Village Attorney is authorized to apply for an order in a court of competent jurisdiction to compel compliance with or to restrain any violation of any provision of this chapter. The Village Attorney is authorized to seek from a court of competent jurisdiction a temporary injunction or restraining order preventing the disposition of the premises to other than the aggrieved person during the pendency of the complaint alleging discrimination.
Notwithstanding any of the provisions of this chapter, nothing herein set forth shall be construed to preclude an individual from proceeding in accordance with the provisions of any other statute dealing with unlawful discriminatory practice, nor shall an individual be barred from proceeding in the Village Justice Court based upon a violation of this chapter.