[HISTORY: Adopted by the Common Council of the City of Hornell 10-9-1979. Amendments noted where applicable.]
Affirmative action — See Ch. 7.
Housing standards — See Ch. 178.
Housing authority — See Ch. A325.
Editor's Note: This resolution also provided that "it is the goal of the City of Hornell to provide fair and equal consideration to all persons for housing" and that complaints involving any type of housing discrimination shall be directed to the Fair Housing Officer at the Urban Renewal Agency, City Hall.
The Hornell City Council hereby finds and declares that acts of prejudice, intolerance, bigotry and discrimination which deny a person the opportunity to sell, purchase, lease, rent or to obtain financing for the purchase or lease of unimproved land or housing accommodations because of race, creed, color, sex, marital status, physical disability or national origin undermines the foundations of a free democratic community. The City Council declares it to be the public policy of the City of Hornell to eliminate and prevent such discrimination and to safeguard the right of every person to sell, purchase, lease or rent or to obtain financing for the purchase or lease of unimproved land or housing accommodations without regard to race, creed, color, sex, marital status, physical disability or national origin. This chapter is adopted in order to supplement the federal and state laws pertaining to fair housing.
When used in this chapter, the following terms shall have the meanings indicated:
- HOUSING ACCOMMODATION
- Includes any building or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings.
- NATIONAL ORIGIN
- Includes ancestry.
- Includes one or more individuals, partnerships, associations, corporations, legal representatives and successors.
The singular of any term used herein shall include the plural where appropriate.
No person or agent acting on behalf of another shall:
Refuse to sell, lease or rent or otherwise deny or withhold any unimproved land or any housing accommodation constructed or to be constructed in the City of Hornell to any person or refuse to negotiate for the sale, lease or rental of any unimproved land or housing accommodation to any person by reason of the race, creed, color, sex, marital status, physical disability or national origin of the person that any unimproved land or housing accommodation is not available.
Discriminate against any person because of his race, creed, color, sex, marital status, physical disability or national origin in the terms, conditions or privileges of the sale, rental or lease of any unimproved land or any housing accommodation constructed or to be constructed.
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 unimproved land or any housing accommodation or make any record of inquiry in connection with the prospective purchase, rental or lease of any unimproved land or any housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, sex, marital status, physical disability or national origin or any intent to make any such limitation, specification or discrimination.
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 such person has filed a complaint or testified or assisted in any proceeding under this chapter.
Within 180 days after the alleged occurrence of a prohibited act as hereinabove defined, any person claiming to be aggrieved by another person having engaged in one of said prohibited acts may file with the Fair Housing Officer a verified complaint, in writing, which shall state the name and address of the property owner, the address of the property involved, the name and address of the person allegedly engaged in one of the prohibited acts and a detailed statement describing the alleged prohibited act. Upon receiving such verified complaint, the Fair Housing Officer may elect any of the following procedures:
Conduct an investigation into the allegations of the complaint, with or without notice to the person alleged to have committed the violation and/or the owner of the property.
Attempt conciliation among the parties to the end that a settlement agreement be entered into providing for the elimination of any prohibited act and/or affirmative action to ensure the future compliance with the conditions and purposes of this chapter.
Assist the complainant in the preparation and submission of a housing discrimination complaint (HUD Form 903) with the appropriate division of the United States Department of Housing and Urban Development.
Assist the complainant in the preparation and submission of a complaint to the State Division of Human Rights under Article 15 of the New York Executive Law.
Assist the complainant in the preparation and filing of a complaint or information with the City Court of the City of Hornell, New York, charging the violation of this policy. Upon the filing of any such complaint or information, it shall be the duty of the City Attorney to prosecute the complaint or information in said City Court.
Notwithstanding any other provision of this chapter, a person who claims to be aggrieved by an alleged occurrence of a prohibited act may file a complaint or information with City Court without first seeking redress through the Fair Housing Officer; provided, however, that any such proceeding must be brought within 270 days after the alleged violation.