When used in this chapter, the following terms shall have the meanings
indicated:
LEGAL REPRESENTATIVE
Includes any attorney at law hereafter designated by the Town Board
of the Town of Brookhaven to prosecute violations of this chapter.
PERSON
Includes one or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy or receivers. The
plural shall include the singular and vice versa.
The Town Clerk is authorized to receive complaints in affidavit form
setting out in detail the facts concerning violations of this chapter and,
within one week after receipt of such complaint, to forward the same to the
legal representative of the Town, who will take the necessary action to enforce
the provisions of this chapter.
No person or agent acting on his own behalf or on behalf of another
shall:
A. Refuse to sell, rent or lease any housing accommodation
or land to any person or group of persons or refuse to negotiate for the sale,
rental or lease of any housing accommodation or land to any person or group
of persons because of race, creed, color or national origin of such person
or persons or represent that any housing accommodation or land is not available
for inspection, sale, rental or lease when in fact it is so available or otherwise
deny or withhold any housing accommodation or land or any facilities of any
housing accommodation or land from any person or group of persons because
of the race, creed, color or national origin of such person or persons.
B. Discriminate against any person because of his race,
creed, color, ancestry or national origin in the terms, conditions or privileges
of the sale, rental or lease of any housing accommodations or in the furnishing
of facilities or services in connection therewith.
C. Print or circulate or cause to be printed or circulated
any statement, advertisement or publication or use any form or application
for the purchase, rental or lease of any housing accommodation or land or
make any record of inquiry in connection with the prospective purchase, rental
or lease of any housing accommodation or land which expresses, directly or
indirectly, any limitation, specification or discrimination as to race, creed,
color or national origin or any intent to make such limitation, specification
or discrimination.
D. The provisions of this section 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.
(2) The rental of a room or rooms in a housing accommodation
of not more than four individuals at any one time 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.
No person, bank, trust company, private banker, savings bank, industrial
bank, savings and loan association, credit union, investment company, mortgage
company, insurance company or other financial institution or lender, doing
business in the Town (and if incorporated, regardless of whether incorporated
under the laws of the State of New York, the United States or any other jurisdiction),
or any officer, agent or employee thereof, to which or to whom application
is made for financial assistance for the purchase, acquisition, construction,
rehabilitation, repair or maintenance of any housing accommodation or land
shall:
A. Discriminate against any such applicant or applicants
because of the race, creed, color or national origin of such applicant or
applicants or of any member, stockholder, director, officer or employee of
such applicant or applicants or of the prospective occupants or tenants of
such housing accommodation or land in the granting, withholding, extending
or renewing or in the fixing of the rates, terms or donations of any such
financial assistance.
B. Use any form or application for such financial assistance
or make any record of inquiry in connection with applications for such financial
assistance which expresses, directly or indirectly, any limitation, specification
or discrimination because of race, creed, color or national origin.
No person shall aid, abet, incite, compel or coerce the doing of any
of the acts forbidden under this chapter or attempt to do so.
No person engaged in any activity to which this chapter applies shall
retaliate or discriminate against any person because he has opposed any practices
forbidden under this chapter or because he has filed a complaint, testified
or assisted in any proceeding under this chapter.
No application for a building permit for a housing accommodation submitted
after this chapter takes effect shall be valid unless it bears the printed
and signed statement that the permit applicant understands and will comply
with this chapter.
Any person convicted of violating this chapter shall be guilty of a
violation punishable by a fine of not more than $250 or by imprisonment for
a period not exceeding 15 days, or may be ordered to make available to the
complainant the premises involved, or by all or any combination of such fine,
imprisonment and order; provided, however, that if the court in which the
complaint is filed has no power to impose both a fine or imprisonment and
an order requiring the availability of the premises involved, the court may
impose, in lieu of a sentence of a fine and/or imprisonment, a sentence of
conditional discharge pursuant to § 65.05 of the Penal Law, one
of the conditions of such discharge being that the defendant make available
to the complainant the premises involved.