[HISTORY: Adopted by the Common Council of the City of Hornell 10-9-1979.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Affirmative action — See Ch. 7.
Housing standards — See Ch. 178.
Housing authority — See Ch. A325.
[1]
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.
A.
HOUSING ACCOMMODATION
NATIONAL ORIGIN
PERSON
When used in this chapter, the following terms shall
have the meanings indicated:
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.
Includes ancestry.
Includes one or more individuals, partnerships, associations, corporations,
legal representatives and successors.
B.
The singular of any term used herein shall include the
plural where appropriate.
A.
No person or agent acting on behalf of another shall:
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
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.
