[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; 8-14-2023 by L.L. No. 12-2023, effective 8-18-2023]
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, sexual orientation, gender identity
or expression, military status, sex, age, disability, marital status,
lawful source of income or familial status, and to safeguard the right
of every person to sell, purchase, lease or rent or obtain financing
for the purchase or lease of housing.
[Amended 9-14-1970, effective 9-22-1970]
When used in this chapter, the following terms
shall have the meanings indicated:
Any place in which human habitation is permitted by the Village
of Mamaroneck.
Includes ancestry.
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:
[Amended 8-14-2023 by L.L. No. 12-2023, effective 8-18-2023]
(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, sexual orientation,
gender identity or expression, military status, sex, age, disability,
marital status, lawful source of income or familial status 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, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source
of income or familial status 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 families who live independent of each other if the owner or members
of his family reside in one 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 race, creed,
color, national origin, sexual orientation, gender identity or expression,
military status, sex, age, disability, marital status, lawful source
of income or familial status 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, sexual
orientation, gender identity or expression, military status, sex,
age, disability, marital status, lawful source of income or familial
status 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.
