Village of Montebello, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-25-1988 by L.L. No. 25-1988. Amendments noted where applicable.]
A. 
The Village Board hereby finds and declares that acts of prejudice, intolerance, bigotry and discrimination which deny a person the opportunity to sell, purchase, lease, rent or obtain financing for the purchase or lease of housing accommodations because of race, sex, creed, color or national origin, or sexual orientation threatens the fundamental rights and privileges of citizens of the United States and the inhabitants of the Village of Montebello, and undermines the foundations of a free democratic society. The Village Board further declares it to be in the public policy of the Village of Montebello to safeguard the right of every person to sell, purchase, lease, rent or obtain financing for the purchase of or lease of housing accommodations without regard to race, sex, creed, color or national origin, or sexual orientation.
[Amended 6-22-2005 by L.L. No. 4-2005]
B. 
The Village Board further declares it to be the public policy of the Village of Montebello to require that every department or other agency of the Village which may be involved in any public construction program which could involve the removal of persons from their present housing accommodations and their relocation elsewhere, or which endeavors to implement any public or publicly assisted or public-approved housing or relocation plan, promote the elimination of segregation in housing within the Village.
C. 
In accordance with this policy, it shall be the duty of all Village officers, officials and employees to exercise appropriate governmental functions relating to the use, sale or occupancy of real property or housing accommodations in such a manner, consistent with law, that all patterns of segregated housing existing in the Village be eliminated and that the creation of any such patterns be prevented to the extent that such a result can be achieved by such action.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Village Board of the Village of Montebello.
HOUSING ACCOMMODATIONS
Includes any building, structure or portion thereof which is used or occupied as the home, residence or sleeping place of one or more human beings.
LENDING INSTITUTION
Any bank, insurance company, savings and loan association, or any other person regularly engaged in the business of lending money or guaranteeing loans.
NATIONAL ORIGIN
For the purposes of this chapter includes "ancestry."
PERSON
Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or any combination thereof.
VILLAGE
The Village of Montebello.
A. 
The Village Clerk-Treasurer is authorized to receive complaints in affidavit form setting out in detail the facts concerning violations of this chapter, and forthwith after receipt of such complaints to forward same to the Village Attorney and the County Human Rights Commission. The Village Attorney is authorized to take the necessary action to investigate and enforce the provisions of this chapter. Any action taken by the Village Attorney under this chapter shall not require resolution of the Village Board. The Village Attorney may, in his discretion, request the County Human Rights Commission to conduct such investigation and report to him for such further action or enforcement as in the opinion of the Village Attorney may be required.
[Amended 6-22-2005 by L.L. No. 4-2005]
B. 
The County Human Rights Commission, pursuant to § 239-r of the General Municipal Law is authorized to receive complaints concerning alleged discrimination because of race, creed, sex, color or national origin and to:
[Amended 6-22-2005 by L.L. No. 4-2005]
(1) 
Immediately report said complaints to the Division of Human Rights; or
(2) 
Investigate said complaints and to hold voluntary hearings or conferences concerning said complaints with a view to reducing and eliminating such alleged discrimination through said process of conferences, conciliation and/or prosecution; or
(3) 
Investigate said complaints and forward same to the Village Attorney who will take the necessary action to enforce the provisions of this chapter. Any action taken by the Village Attorney under this chapter shall not require resolution of the Village Board.
C. 
Upon receipt of any such complaint the Village Attorney shall investigate and bring action against said complaint pursuant to this chapter within 30 days of receipt of same.
D. 
Upon receipt of said complaint the Village Clerk-Treasurer and/or the County Human Rights Commission shall forthwith notify in writing the person or firm accused of violation of this chapter of said complaint and shall inform them of the provisions of § 81-4E of this chapter.
[Amended 6-22-2005 by L.L. No. 4-2005]
A. 
It shall be an unlawful discriminatory practice for the owner, lessor, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease housing accommodations, constructed or to be constructed, or any agent or employee thereof:
(1) 
To refuse to sell, rent, lease or otherwise deny to or withhold from any person any housing accommodations to any person because of the race, creed, color or national origin of such person.
(2) 
To discriminate against any person because of his race, creed, color or national origin in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodations or in the furnishing of facilities or services in connection therewith.
(3) 
To print or circulate, or cause to be printed or circulated, any statement, advertisement or other publication, or to use any form of application for the purchase, rental or lease of any housing accommodations, or to make any record or inquiry in connection with the prospective purchase, rental or lease of such housing accommodations which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color or national origin, or any intent to make any such limitation, specification or discrimination.
B. 
No lending institution doing business in the Village, 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 whom application by a person is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, shall:
(1) 
Discriminate against any such applying person because of race, creed, sex, color or national origin of such applying person, or of any member, stockholder, director, officer or employee of such applying person, or of the prospective occupants or tenants of such housing accommodations in the granting, withholding, extending, or in the fixing of the rates, terms or conditions of any such financial assistance.
(2) 
Use any form or application for such financial assistance, or make any record or inquiry in connection with the applications for such financial assistance, which expresses, directly or indirectly, any limitation, specification, preference or discrimination because of race, sex, creed, color or national origin.
C. 
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.
D. 
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.
E. 
Applicability after complaints.
(1) 
No person or firm charged with a complaint under this chapter shall sell, lease, dispose of or change the status quo of the premises, property or subject matter involved so as to prevent the person allegedly discriminated against from obtaining the housing accommodations, the property, the job or the financial assistance involved, as the case may be.
(2) 
This section shall apply only after notification has been made to such person or firm that charges of discrimination have been placed against him or it.
(3) 
Any person or firm aggrieved by this section because of any irreparable loss that may accrue to it because of said freeze on the job, housing accommodations and/or financial assistance involved shall have the right to apply to a court of competent jurisdiction for an injunction, temporary or permanent, against this provision of this chapter.
(4) 
This provision shall not freeze the status quo as to such job, housing accommodations or financial assistance for a period greater than 60 days.
A. 
Any person who shall violate any of the provisions of § 81-4 shall, for each and every offense, be deemed guilty of an offense, and, upon a determination by a court of competent jurisdiction that such offense has been committed, shall be liable for a fine of not more than $500, or imprisonment for not more than 25 days, or both.
B. 
Any person who sells or rents the housing accommodations in question to anyone other than the aggrieved person mentioned in a complaint, after notice that a complaint of discrimination has been filed against him, shall, upon conviction arising out of said complaint, be punishable as provided in Subsection A, above.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
In lieu of fine or imprisonment, a court of competent jurisdiction, upon a determination that an offense has occurred under this chapter, may direct an offender to make available to the aggrieved person the premises involved, pursuant to the conditional discharge provisions of § 65.05 of the Penal Law.
D. 
The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.
A. 
In addition to the sanctions and remedies set forth in § 81-5 hereof, the Village Attorney may apply for an order of injunction in a court of competent jurisdiction to compel compliance with or to restrain any violation of any provisions of § 81-5 hereof.
B. 
In order to prevent the involvement of innocent third parties in the rental or sale of housing accommodations in the period after a complaint is filed, but before an order or injunction in obtained, the Village Attorney may post, for a period of 20 days, a notice on said housing accommodations unless the person charged with discrimination agrees in writing not to sell or rent such housing accommodations during the pendency of the action or proceeding against him.
C. 
Any person convicted of willfully removing, covering or defacing the posted polices shall be punishable as provided in § 81-5A hereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
In order to prevent the rental of the housing accommodations in such action, the Village Attorney may seek from a court of competent jurisdiction a temporary injunction or restraining order to prevent the rental of the premises to other than the aggrieved person during the pendency of the complaint alleging discrimination.
This chapter supersedes, and is in derogation of, Chapter 17A of the Code of the Town of Ramapo, County of Rockland, State of New York. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.