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:
ADVERTISING
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.
DISABILITY
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.
HOUSING UNIT
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.
MILITARY STATUS
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]
SEXUAL ORIENTATION
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]
SOURCE OF INCOME
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]
This chapter shall apply to all residential
structures located within the Town, as well as land zoned for residential
uses.
[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;
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.
[Added 5-23-2016 by L.L.
No. 5-2016]
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.