[HISTORY: Adopted by the Town Board of the
Town of Hamburg 8-4-196 by L.L. No.
8-1986; amended in its entirety 3-14-2005 by L.L. No.
2-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.
It is the policy of the Town of Hamburg to provide
for fair housing throughout the Town.
As used in this chapter, the following words
shall have the meanings indicated:
Printing, circulating, placing or publishing or causing to
be placed or published any written statement with respect to the availability
of a dwelling for sale or rental.
A physical or mental impairment which substantially limits
one or more major life activities; a record of such an impairment
or a condition regarded by others as such an impairment.
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 or residence of one or more persons maintaining a common
household.
Single, married, divorced, separated or widowed.
A person's participation in the military service of the United
States or the military service of the state including, but not limited
to, the Army National Guard, the Air National Guard, the New York
Naval Militia, the New York Guard, and such additional forces as may
be created by the federal or state government as authorized by law.
[Added 5-23-2016 by L.L.
No. 5-2016]
Heterosexuality, homosexuality, bisexuality, asexuality,
whether actual or perceived, as well as a person's gender identity,
self-image, appearance or expression.
[Amended 5-23-2016 by L.L. No. 5-2016]
Payments from any lawful occupation or employment, as well
as other payments, including, but not limited to, public assistance,
public assistance security agreements, supplemental security income,
pensions, annuities, unemployment benefits, government subsidies such
as Section 8, or other housing subsidies.
[Amended 5-23-2016 by L.L. No. 5-2016]
A.
It shall be unlawful:
[Amended 5-23-2016 by L.L. No. 5-2016]
(1)
To refuse to sell or rent or refuse to negotiate for
the sale or rental or to deny any dwelling to any person because of
race, color, religion, sex, age, marital status, disability, national
origin, source of income, sexual orientation, military status or because
the person has a child or children.
(2)
To discriminate against any person in the terms, conditions
or provision of services or facilities in connection with the sale
or rental of a dwelling because of race, color, religion, sex, age,
marital status, disability, national origin, source of income, sexual
orientation, military status or because the person has a child or
children.
(3)
To induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry into the
neighborhood of a person or persons of a particular race, color, religion,
sex, age, marital status, disability, national origin, source of income,
sexual orientation, military status or because the person has a child
or children.
(4)
For a person offering residential property for sale
or rent or anyone acting on behalf of such a person to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication or to use any form of application for the sale or rental
of a dwelling or to make any record or inquiry in connection with
the sale or rental of a dwelling which expresses, directly or indirectly,
any limitation, specification or discrimination as to race, color,
religion, sex, age, marital status, disability, national origin, source
of income, sexual orientation, military status or because the person
has a child or children.
B.
For purposes of this chapter, discrimination shall
include:
(1)
A refusal to permit, at the expense of a disabled
person, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be necessary
to afford such person full enjoyment of the premises (except that,
in the case of rental, the landlord may, where it is reasonable to
do so, condition permission for a modification on the renter agreeing
to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted); and
(2)
A refusal to make reasonable accommodations in the
rules, policies, practices or services when such accommodation may
be necessary to afford such person equal opportunity to use and enjoy
a dwelling.
This chapter shall apply to all residential
structures located within the Town, as well as land zoned for residential
uses.
A.
The prohibitions of this chapter shall not apply to
a religious institution or organization limiting the sale, rental
or occupancy of dwellings which it owns or operates to persons of
the same religion or giving preference to such persons, unless membership
in such religion is restricted on account of race, color, religion,
sex, age, marital status, disability, national origin, source of income,
sexual orientation, military status or because the person has a child
or children.
[Amended 5-23-2016 by L.L. No. 5-2016]
B.
The prohibitions of this chapter against discrimination
because of sex shall not apply to a residential building owned by
a public body or by a private institution or organization and maintained,
in whole or part, for the exclusive use of one sex.
C.
The provisions of this chapter shall not apply to:
(1)
The rental of a housing accommodation in a building
which contains housing accommodations for not more than two families
living independently of each other, if the owner or members of his
family reside in one of such housing accommodations and the rental
has occurred without advertising.
[Amended 5-23-2016 by L.L. No. 5-2016]
(2)
The restriction of the rental of all rooms in a housing
accommodation to individuals of the same sex.
(3)
The rental of rooms in a housing accommodation, 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 accommodations.
(4)
Solely with respect to age to the restriction of the
sale, rental or lease of housing accommodations exclusively to persons
55 years of age or older.
A.
Filing of complaints.
(1)
The Town shall receive and investigate complaints
under this chapter. The Supervisor shall designate the Director of
Community Development of the Town to perform the function contained
in this section and may also designate a not-for-profit fair housing
organization to either assist the Director of Community Development
in conducting investigations or to complete said function and investigations.
(2)
Any person or organization, whether or not an aggrieved
party, may file with the Supervisor's designee a complaint of a violation
of this chapter.
(3)
The Supervisor's designee may investigate individual
instances and patterns of conduct prohibited by this chapter, even
without a complaint from another person or organization, and may initiate
complaints in connection therewith.
B.
Investigation. The Supervisor's designee shall notify
the accused party, in writing, within 30 days of the filing of any
complaint. The designee shall make a prompt investigation in connection
with the complaint and, within 100 days after a complaint is filed,
determine whether the Town has jurisdiction and, if so, whether there
is probable cause to believe that the person named in the complaint
(hereinafter referred to as the "respondent"), has engaged or is engaging
in art unlawful discriminatory practice. If, during or after the investigation,
the designee believes that appropriate action to preserve the status
quo or to prevent irreparable harm is advisable, the designee shall
advise the Town Attorney, in writing, to bring immediately, in the
name of the Town, any action necessary to preserve such status quo
or to prevent such harm, including the seeking of temporary restraining
orders and preliminary injunctions.
C.
Action. If, at the conclusion of the investigation,
the Supervisor's designee shall determine that there is probable cause
to credit the allegation of the complaint, the designee shall certify
the matter to the Town Attorney, who shall institute proceedings in
the name of the Town. In the event of a conflict of interest between
Town personnel and the repondent(s), the Supervisor's designee may
refer the matter to outside counsel, providing notice to interested
parties within 30 days of the date upon which the conflict was determined.
[Amended 5-23-2016 by L.L. No. 5-2016]
D.
Conciliation.
If, in the judgment of the Supervisor's designee, a conciliation agreement
would satisfactorily resolve the complaint, he/she shall seek to facilitate
such an agreement, which may include provisions requiring the respondent
to refrain from unlawful discrimatory practices and pay such compensation
and/or perform affirmative relief as is agreed upon by the parties.
Conciliation agreements shall not be subject to confidentiality.
[Added 5-23-2016 by L.L.
No. 5-2016]
A.
Any person found to have violated any provision of
this chapter shall be subject to the following:
(1)
A fine of not more than $5,000 for a first violation
and not more than $10,000 for a respondent adjudged to have committed
any prior discriminatory housing practice. The Town may choose to
designate a portion of any recovery to further the purposes of this
chapter.
(2)
Revocation or suspension of any license or permit
necessary for the operation of the dwelling unit in question.
(3)
Costs, expenses and disbursements incurred by the
Town, necessary to obtain complete compliance by the respondent with
the chapter; and/or restraining orders and temporary or permanent
injunctions necessary to obtain complete compliance with this chapter.
B.
Each day a violation continues shall constitute a
separate violation of this chapter.
C.
The Town Attorney may institute criminal action to
punish a violation of this chapter by imprisonment for a term not
exceeding 30 days if the above proceeding does not result in compliance
with this chapter.
D.
The Town may choose to designate a portion of any
penalties recovered to further the purposes of this chapter, including
further public information; the engagement of a fair housing agency
or agencies to further promote fair housing activities within the
Town; the participation by the Town in/with any other organization
whose principal goal is to provide fair housing and/or housing counseling
activities; the offset of any fees and/or expenses originated with
the pursuit of this chapter.
[Amended 5-23-2016 by L.L. No. 5-2016]
Any person claiming to be aggrieved by an unlawful discriminatory practice as defined by § 109-3A of this chapter shall have a cause of action in any court of competent jurisdiction within one year from the date of the occurrence for damages and such other remedies as may be appropriate. The court may:
A.
Award actual damages, including but not limited to
mental anguish, embarrassment and humiliation;
B.
Award punitive damages;
C.
Award reasonable attorney's fees in the case of a
prevailing plaintiff; and/or
D.
Grant as relief as it deems appropriate, any permanent
or temporary injunction, temporary restraining order or other order.
No bond shall be required prior to the issuance of injunctive relief.
Nothing in this chapter shall be construed to
limit the rights of the complainant to pursue, at any time prior to
or after the filing of a complaint, any other remedies which the complainant
may have under the law of any state, the United States or any jurisdiction.
Pursuit of one or more remedies available under this chapter shall
not preclude the pursuit of any other remedy available under this
chapter.
A.
Immediately after the enactment of this chapter, the
Town shall commence educational activities which will explain the
law and help to promote the Town's fair housing goals. Such activities
shall continue while this chapter remains in force.
B.
Housing providers or real estate brokers selling or
renting 20 or more dwelling units within a calendar year shall formulate
an affirmative fair housing marketing plan, which must be filed with
the Director of Community Development or his designee. At minimum,
such affirmative fair housing marketing plans shall include a statement
of nondiscrimination and a marketing plan designed to attract a diverse
pool of applicants. The Town may require annual reports of housing
providers' compliance with their plans.
C.
Housing providers or real estate brokers selling or
renting 20 or more dwelling units within a calendar year shall be
required to use the equal opportunity logotype on applications and
marketing materials and to display, in rental or real estate offices,
a public notice of equal opportunity housing.
[Added 5-23-2016 by L.L.
No. 5-2016][1]
It shall be the policy of the Town to affirmatively further
fair housing by adopting zoning ordinances which promote the inclusion
of affordable rental housing in all multifamily developments of eight
or more units.
A.
Affordable housing shall be defined as housing for which rent and
utilities shall constitute no more than 30% of the gross annual income
for a household whose income is greater than 50% but does not exceed
80% of the Erie County median income.
B.
The Town shall offer a density bonus which allows the developer to
increase the number of market-rate units permitted to be built on
a site at a rate of one additional market-rate unit for each affordable
unit.
C.
In calculating the number of affordable units, the total number of
proposed units shall be multiplied by 10%. If the product produces
a fraction, a fraction of 0.5 shall be rounded up to the next higher
whole number, and a fraction of less than 0.5 shall be rounded down
to the next lower whole number.
D.
In order to assure integration within a multifamily development,
affordable units shall not be clustered, but mixed with market-rate
units. Additionally, the exterior appearance of affordable units shall
be made similar to market-rate units by the provision of exterior
finishes and materials of substantially the same type and quality.
E.
Developers shall be required to maintain affordability of designated
units for a period of not less than 30 years from the date a certificate
of occupancy is issued. In the event a multifamily development is
sold, the new owner shall be responsible for maintaining affordability
of units for the balance of the regulatory period.
Any court in which a proceeding under this chapter
is instituted shall assign the case for hearing at the earliest practicable
date and cause the case to be expedited in every way.
Nothing in this chapter shall be construed to
invalidate or limit any law of the state, the United States or any
other jurisdiction that grants, guarantees or protects the same rights
granted, guaranteed or protected by this chapter.
