[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 REFERENCES
Community Development Advisory Board — See Ch. 21.
[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 Affirmative Action Plan for Fair Housing attached hereto is hereby approved.[1]
[1]
Editor's Note: The Affirmative Action Plan for Fair Housing is located at the end of this chapter.
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:
A.
Department of Community Development
Responsible person: Fair Housing Officer
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Hours: 9:00 a.m. to 4:00 p.m. (Monday through Friday)
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Location: City Hall, Cohoes, New York
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B.
Neighborhood Improvement Program
Responsible person: Director
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Hours: 9:00 a.m. to 4:00 p.m. (Monday through Friday)
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Location: NIP Office, corner of Main Street and
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Columbia Street
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Cohoes, New York
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C.
Central Relocation Office
Responsible person: Director
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Hours: 9:00 a.m. to 4:00 p.m. (Mon-Fri)
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Location: Human Services Department
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169 Mohawk Street
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Cohoes, New York
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[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.
A.
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:
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILY
PERSON
TO RENT
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.
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:
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 race, color,
religion, sex, handicap, familial status or national origin.
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 race, color, religion, sex,
handicap, familial status or national origin.
C.
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.
D.
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.
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 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.
A.
Sales and 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 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:
[1]
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
[2]
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.
(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 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;
(b)
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
(c)
He is the owner of any dwelling designed or intended
for occupancy by or occupied by five or more families.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.