[HISTORY: Adopted by the Common Council of
the City of Middletown 6-1-1981. Amendments noted where applicable.]
It is the policy of the City of Middletown that
no person shall discriminate with respect to housing in the City of
Middletown in violation of any federal, state or local law.
[Amended 2-3-2003]
A.
It shall be unlawful 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, or to discriminate or permit
discrimination against any person or group of persons in the terms,
conditions or privileges of sale or rental of housing accommodations
or in the provision of services or facilities in connection therewith,
because of race, color, religious creed, age, marital status, national
origin, sex (including pregnancy), transgender status, gender identity
or expression, intellectual disability or physical disability, Vietnam
Era Veteran status, present or past history of mental or physical
disability, union membership, genetic history, criminal record except
to the degree required by state and federal law, sexual orientation,
ancestry, political belief, familial status, or source of income,
including participation in Section 8 or a rental assistance program.
[Amended 6-3-2013 by Ord. No. 15-13]
B.
It shall be unlawful for any person, 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 real
estate loans, to deny a loan to a person applying therefor for the
purpose of purchasing, constructing, improving or repairing housing,
or to discriminate against such person in the fixing of the amount,
interest rate, duration or other terms or conditions of such loan
because of race, color, religious creed, age, marital status, national
origin, sex (including pregnancy), transgender status, gender identity
or expression, intellectual disability or physical disability, Vietnam
Era Veteran status, present or past history of mental or physical
disability, union membership, genetic history, criminal record except
to the degree required by state and federal law, sexual orientation,
ancestry, political belief, familial status, or source of income,
including participation in Section 8 or a rental assistance program.
[Amended 6-3-2013 by Ord. No. 15-13]
C.
Applicability.
(1)
The provisions of this section shall not apply to:
(a)
The rental of housing 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; or
(b)
The rental of a room or rooms for housing accommodations,
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.
(2)
The provisions of this section with respect to the
prohibition of sex discrimination shall not apply to the rental of
sleeping accommodations provided by associations and organizations
which rent all such sleeping accommodations on a temporary or permanent
basis for the exclusive use of persons of the same sex.
(3)
The provisions of this section with respect to the
prohibition of discrimination on the basis of marital status shall
not be construed to prohibit the denial of housing accommodation to
a man and a woman who are both unrelated by blood and not married
to each other.
(4)
The provisions of this section with respect to the
prohibition of discrimination on the basis of age shall not apply
to minors, to federal or state-aided or municipal housing for elderly
persons, to special discount or other public or private programs to
assist persons 60 years of age and older or to privately owned housing
developed and maintained exclusively for persons within specified
age groups.
(5)
The provisions of this section with respect to the
prohibition of discrimination on the basis of physical disability
shall not require any person to modify his property in any way or
provide a higher degree of care for a physically disabled person than
for a person not physically disabled.
(6)
Nothing in this section 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 to members of the association or society, or prohibit a private
club not in fact open to the public, which as an incident to its primary
purpose or 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.
[Amended 5-2-2016 by Ord.
No. 06-16]
A.
Any person who claims to have been injured by a violation of § 156-2 may file a complaint with the Director of Equal Opportunity and Diversity Management. Such a complaint shall be filed within 90 days after the alleged violation occurred. Complaints shall be in writing, shall state the facts upon which the violation is based and shall be verified. Upon receipt of a complaint, the Office of Equal Opportunity and Diversity Management shall furnish a copy of the same to the person or persons allegedly committing the violation with the request that a verified answer be filed with the Office of Equal Opportunity and Diversity Management within 20 days of receipt of the copy of the complaint.
B.
After receipt of the answer or upon the expiration
of the 20 days without receipt of an answer, the Director of Equal
Opportunity and Diversity Management shall proceed to try to mediate
the dispute and eliminate or correct the alleged violation by informal
methods of conference, conciliation and persuasion. Nothing said or
done in the course of such proceedings may be made public or used
as evidence in a subsequent proceeding under this chapter without
the written consent of the person concerned.
C.
If the Director of Equal Opportunity and Diversity
Management is unsuccessful in resolving the complaint, then the matter
shall be referred to the State Commission on Human Rights and Opportunities
or, if the violation of this chapter also constitutes a violation
of a state or federal statute, to other appropriate state or federal
authorities.
