[HISTORY: Adopted by the Town Board of the
Town of Cazenovia 11-12-1990 by L.L. No. 5-1990; amended in its entirety 3-14-2016 by L.L. No. 3-2016. Subsequent amendments noted where applicable.]
For the purpose of providing and ensuring fair housing opportunities
for all within the Town of Cazenovia, the Town Board of the Town of
Cazenovia 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.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILIAL STATUS
(1)
(2)
FAMILY
HANDICAP
(1)
(2)
(3)
PERSON
TO RENT
Specific
words or phrases. For the purpose of this chapter, certain terms or
words herein shall be interpreted as follows:
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure
or portion thereof.
One or more individuals (who have not attained the age of 18
years) being domiciled with:
The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant or is
in the process of securing legal custody of any individual who has
not attained the age of 18 years.
Includes a single individual.
A physical or mental impairment which substantially limits one
or more of a person's major life activities; or
A record of having such an impairment; or
Being regarded as having such an impairment, but such term does
not include current use of or addiction to a controlled substance,
as defined in § 102 of the Controlled Substances Act (21
U.S.C. § 802).
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
Except as exempted by § 86-6, it shall be unlawful with the Town of Cazenovia:
A.
To
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 age, race, color, religion,
sex, national origin, handicap, sexual orientation, military status,
marital status, domestic violence victim status, or familial status.
B.
To
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 age, race, color, religion,
sex, national origin, handicap, sexual orientation, military status,
marital status, domestic violence victim status or familial status.
C.
To
make, print, 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 age, race, color, religion, sex, national origin, handicap,
sexual orientation, military status, marital status, domestic violence
victim status or familial status or an intention to make any such
preference, limitation or discrimination.
D.
To
represent to any person because of age, race, color, religion, sex,
national origin, handicap, sexual orientation, military status, marital
status, domestic violence victim status or familial status 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 representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
age, race, color, religion, sex, national origin, handicap, sexual
orientation, military status, marital status, domestic violence victim
status, or familial status.
F.
To discriminate in the sale or rental or to discriminate against
any person in the terms, conditions, or privileges of rental or sale
of a dwelling, or to discriminate in the provision of services or
facilities in connection with a dwelling, or to otherwise make unavailable
or deny a dwelling to any buyer or renter because of a handicap of:
G.
For any person or other entity whose business includes engaging in
residential real-estate transactions to discriminate against any person
in making such a transaction, or in the terms or conditions of such
a transaction, because of age, race, color, religion, sex, national
origin, handicap, sexual orientation, military status, marital status,
domestic violence victim status or familial status. As used in this
section, the term "residential real estate transaction" means any
of the following:
It shall be unlawful within the Town of Cazenovia 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, 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 age, race, color, religion, sex, national origin, handicap. sexual orientation, military status, marital status, domestic violence victim status or familial status of such person or of 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 of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings 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 of effectiveness of the exception contained in § 86-6.
It shall be unlawful within the Town of Cazenovia to deny any
person access to or membership or participation in any multiple-listing
service, real estate brokers' 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 age, race,
color, religion, sex, national origin, handicap, sexual orientation,
military status, marital status, domestic violence victim status or
familial status.
A.
Sales/rentals
by owners.
(1)
(a)
Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at one time; provided, further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the recent resident of such house prior to such sale, the exception granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period; provided, further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at one time; and provided, further, that the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person, and without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 86-3 of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as may be necessary to perfect or transfer the title; or
(b)
Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his residence.
(2)
For the purpose of this exemption, a person shall be deemed to be
in the business of selling or renting dwellings if:
(a)
He or she has, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein;
(b)
He or she has, within the preceding 12 months, participated as agent,
other than in the sale of his own personal residence, in providing
sales or rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any dwelling of any interest
therein; or
(c)
He or she is the owner of any dwelling designed or intended for occupancy,
or occupied by, five or more families.
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 dwellings 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 age, race,
color, sex, national origin, handicap, sexual orientation, military
status, marital status, domestic violence victim status, or familial
status, nor shall anything in this chapter prohibit a private club
not in fact open to the public which, as an incident to its primary
purposes, provides lodgings 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.
C.
Applicability.
(1)
Nothing in this chapter limits the applicability of any reasonable
local, state, or federal restrictions regarding the maximum number
of occupants permitted to occupy a dwelling, nor does any provision
in this chapter regarding familial status apply with respect to housing
for older persons.
(2)
As used in this Subsection C, the term "housing for older persons" means housing:
(a)
Provided under any state or federal program that the Secretary of
Housing and Urban Development determines is specifically designed
and operated to assist elderly persons (as defined in the state or
federal program);
(b)
Intended for, and solely occupied by, persons 62 years of age or
older; or
(c)
Intended and operated for occupancy by at least one person 55 years
of age or older per unit.
(4)
Nothing in this chapter prohibits conduct against a person because
such person has been convicted by any court of competent jurisdiction
of the illegal manufacture or distribution of a controlled substance
as defined in § 102 of the Controlled Substances Act (21
U.S.C. § 802).
(5)
Nothing in this chapter requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided and encouraged any other person in the exercise or enjoyment of, any right guaranteed by §§ 86-3, 86-4 or 86-5 of this chapter.
A.
Authority and responsibility. The authority and responsibility for
publicizing, administering, and enforcing this chapter shall be in
the Code Enforcement Officer for the Town of Cazenovia.
B.
Violations. Violations of this chapter shall be reported in person
or in writing to the Code Enforcement Officer.
C.
Enforcement. Where sufficient cause exists to believe that the terms
of this chapter have been violated, the Code Enforcement Officer may:
(1)
Institute a suit in court against the alleged violator; or
(2)
Cause a report and reference to be made to an appropriate state or
federal authority having the power to investigate and prosecute violations
of fair housing laws, including but not limited to the New York State
Attorney General or the United Stated Department of Housing and Urban
Development.
D.
Penalties. Where a person or organization has been found, after a
trial on the merits, in violation of this chapter, a fine shall be
imposed on such person or organization not to exceed $500 for a first
offense and $1,000 for each additional offense. The minimum fine for
violations of this chapter shall be $100 for a first offense and $500
for each additional offense. Each and every separate violation of
this chapter shall be deemed an offense. Each and every separate violation
of this chapter shall be $100 for a first offense and $500 for each
additional offense. Each and every separate violation of this chapter
shall be deemed an offense for the purpose of imposing the appropriate
fine.
The Town Board of the Town of Cazenovia may, on its own initiative
or on petition, amend, supplement, or repeal the provisions of this
chapter in conformity with applicable law after public notice and
hearing.
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, and 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.
This chapter shall be known and may be cited as the "Fair Housing
Law of the Town of Cazenovia."
