[HISTORY: Adopted by the Common Council of the City of Cohoes: Art. I, 7-10-1979 by Ord. No. 59-1979; Art. II, 3-12-1991 by Ord. No. 12-1991. Amendments noted where applicable.]
GENERAL REFERENCES148a Affirmative Action Plan
Community Development Advisory Board — See Ch. 21.
Article I Affirmative Action Plan
Article II Sale, Lease and Advertisement of Real Estate
[Adopted 7-10-1979 by Ord. No. 59-1979]
The City of Cohoes, as a recipient of funding under the Housing and Community Development Act of 1974 (P.L. 93-83), as amended in 1977 (P.L. 95-129), will take affirmative action to ensure that no person shall, on the ground of race, color, national origin, religion or sex, be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity funded in whole or in part with community development funds.
The following department and agency offices will be opened to the public to receive all discrimination complaints and to assist in the filing of such complaints with the City of Cohoes:
[Adopted 3-12-1991 by Ord. No. 12-1991]
The purpose of this article is to provide and ensure fair housing opportunities for all within the City of Cohoes.
General. For the purpose of this article, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicated the contrary:
Specific words or phrases. For the purpose of this article, 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.
- Includes a single individual.
- 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.
- TO RENT
- 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 § 148-9, it shall be unlawful within the City of Cohoes:
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 race, color, religion, sex, handicap, familial status or national origin.
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 race, color, religion, sex, handicap, familial status or national origin.
To make, print or 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 race, color, religion, sex, handicap, familial status or national origin or an intention to make any such preference, limitation or discrimination.
To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
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 particular race, color, religion, sex, handicap, familial status or national origin.
It shall be unlawful within the City of Cohoes 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, improving, 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 race, color, religion, sex, handicap, familial status or national origin 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 the present or prospective owners, lessees, tenants or occupants of the dwelling or dwelling 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 or effectiveness of the exception contained in § 148-9.
It shall be unlawful within the City of Cohoes to deny any person access to or membership or participation in any multiple listing service, real estate broker's 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 race, color, religion, sex, handicap, familial status or national origin.
Sales and rentals by owners.
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 any 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, provided further that the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented:
Without the use in any manner of the sales or rental facilities or the sales 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 dwelling or 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 § 148-6 of this article, but nothing in this proviso 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.
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.
For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if:
He has, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein;
He 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 2 or more transactions involving the sale or rental of any dwelling or any interest therein; or
He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
Sales rentals by religious organizations. Nothing in this article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conduction 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 person, unless membership in such religion is restricted on account of race, color, sex, handicap, familial status or nations origin. Nothing in this article 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 of occupancy of such lodgings to its members or from giving preference to its members.
Authority and responsibility. The authority and responsibility for publicizing, administering and enforcing this article shall be in the city's Fair Housing Officer to be designated by the Mayor of the City of Cohoes.
Violations. Violations of this article shall be reported in person or in writing to the Fair Housing Officer within a year of the alleged discriminatory housing practice.
Enforcement. Where sufficient cause exists to believe that the terms of this article have been violated, the Fair Housing Officer may institute a suit in Police Court against the alleged violator within 120 days following the issuance of the charge.
Where a person or organization has been found, after a trial on the merits, in violation of this article, a fine may be imposed on such person or organization of a minimum of $100 to a maximum of $1,000 for a first offense; a minimum of $250 to a maximum of $2,500 for a second offense and a minimum of $500 to a maximum of $5,000 for the third offense. Each and every separate violation of this article shall be deemed an offense for the purpose of imposing the appropriate fine.
Amendment. The Common Council of the City of Cohoes may, on its own initiative or on petition, amend, supplement or repeal the provisions of this article in conformity with applicable law after public notice and hearing.
Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this article 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.