[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:
The Village Board of the Village of Montebello.
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.
Any bank, insurance company, savings and loan association, or any
other person regularly engaged in the business of lending money or guaranteeing
loans.
For the purposes of this chapter includes "ancestry."
Includes one or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy, receivers, or any
combination thereof.
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]
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.
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.
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.
