[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982
as Ch. 4-6.5 of the 1982 Code. Amendments noted where applicable.]
The Common Council hereby finds and declares it to be the public policy
of the city to promote fair dealing in real estate transactions, to maintain
community stability and security and to foster racial and social harmony.
This chapter is adopted in order to reinforce this policy and to supplement
the federal and state laws pertaining to fair housing.
[Amended 12-3-1991 by Ord.
No. 91-10]
As used in this chapter, the following terms shall have the meanings
and interpretations indicated, unless the context clearly requires otherwise:
Extend differential treatment on the basis of race, creed, color,
national origin, sex, handicap or marital status or family status, and including
discrimination because of the race, color, creed, national origin, sex, handicap
or marital status of friends and associates, or familial status.
Any building, structure or portion thereof which is occupied as or
designed and intended for occupancy as a residence by one or more families
or any vacant land which is offered for sale or lease for the construction
or location thereon of any such building, structure or portion thereof.
The Director of Community Development in the city.
Includes one or more individuals (who have not attained the age of 18
years) being domiciled with:
The protections afforded against discrimination on the basis of familial
status shall apply to any person who is pregnant or is in the process of securing
legal custody of any individual who has not attained the age of 18 years.
Includes a single individual.
Includes a bodily or mental disablement which may be the result of
injury, illness or congenital condition for which reasonable accommodation
can be made.
Includes any building, 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 sublease, assignment and rental and includes any contract
to do any of the foregoing.
Any bank, insurance company, savings and loan association, other
person in the business of obtaining, arranging or negotiating loans or guaranties
as agent or broker, and any person in the business of buying or selling loans
or instruments for the payment of money which are secured by title to or a
security interest in real property, but shall not include any religious institution
or organization nor any charitable or educational organization operated, supervised
or controlled by a religious institution or organization.
Includes the state of being married, single, divorced, separated
or widowed and the usual conditions associated therewith, including pregnancy
or parenthood.
Includes any person, or any one of a number of persons, in whom is
vested all or any part of the legal or equitable ownership, dominion or title
to any real property.
[Amended 12-3-1991 by Ord.
No. 91-10]
A.
No person who receives or expects to receive pecuniary
gain from the sale or rental of real property shall:
(1)
Refuse to sell, lease, rent, furnish services or otherwise
deny or withhold any housing accommodation constructed or to be constructed
in the city to any person or refuse to negotiate for the lease or rental of
housing accommodation or otherwise make unavailable to any person by reason
of the race, creed, color, national origin, sex, handicap or marital status
or familial status of such person.
(2)
Represent to any person that any dwelling is not available
for inspection, sale or rental when such dwelling is in fact so available.
(3)
Discriminate against any person because of his race,
creed, color, national origin, sex, handicap, marital status or familial status
in the terms, conditions or privileges of the sale, rental or lease of any
housing accommodation constructed or to be constructed.
(4)
Discriminate in the furnishing of information, services
or facilities to any person in connection with the sale or rental of real
property because of the race, creed, color, national origin, sex, handicap,
marital status or familial status of such person.
(5)
Print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or use any form or application
for the purchase, lease or rental of any housing accommodation, or make any
record or inquiry in connection with the prospective purchase, lease or rental
of any housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national
origin, sex, handicap, marital status or familial status, or any intent to
make any such limitation, specification or discrimination.
(6)
Display listings or show prospective purchasers or renters
units for sale or lease on the basis of race, creed, color, national origin,
sex, handicap, marital status, or familial status, or display listings or
show prospects units for sale or lease in areas of the city based on race,
creed, color, national origin, sex, handicap, marital status, or familial
status.
(7)
Induce a real estate transaction from which any such
person may benefit financially, by representing that a change has occurred
or will or may occur in the composition of the block, neighborhood or area
with respect to the race, creed, color, national origin, handicap, marital
status or family status of the owners or occupants in the block, neighborhood
or area in which the real property is located, and to represent, directly
or indirectly, that this change will or may result in undesirable consequences
in the block, neighborhood or area in which the real property is located,
including but not limited to the physical deterioration of dwellings, the
lowering of property values, and increase in criminal or antisocial behavior,
or a decline in the quality of schools or other facilities.
B.
It shall be unlawful for any real estate broker or dealer,
or any agent or employee of a real estate broker or dealer, to influence or
attempt to influence any other person who purports or represents himself to
be a prospective purchaser, seller, occupant or tenant or landlord of real
property to purchase, sell or rent or to refrain from purchasing or renting
or selling real property by referring to the race, creed, color, national
origin, sex, handicap, marital status or familial status of occupants or prospective
occupants of other real property in the area.
C.
No bank, trust company, savings bank, savings and loan
association or other lending institution, insurance company, finance company
or financial services company, to whom application is made for financial assistance
for the purchase, acquisition, construction, improvement, repair or maintenance
of housing on behalf of such person shall discriminate against any applicant
because of race, creed, color, national origin, sex, handicap, marital status
or familial status in the granting, withholding, extending or renewing or
in the fixing of the amount, interest rate, duration or other terms or conditions
of any such financial assistance nor shall any such institution refuse financial
assistance because such housing accommodation lies in a particular area of
the city, if real property is located within the geographic area ordinarily
served by such bank or within the community within which the principal or
any branch office of such banks is located. For the purpose of this section,
"discrimination" shall include refusal to make loans, differentiating in the
type or terms of loans, including interest rates, charges to buyer and seller,
duration and amount of loans, influencing appraisals in connection with loans
or delaying of loan applications.
D.
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.
This section may be enforced by appropriate civil actions.
E.
No person engaged in any of the prohibited acts as hereinabove
defined shall retaliate or discriminate against any person because such person
has filed a complaint, testified or assisted in any proceeding under the article.
[Amended 12-3-1991 by Ord.
No. 91-10]
A.
Nothing in this chapter shall be construed to 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 restriction of the rental of all rooms in a housing
accommodation to individuals of the same sex.
(3)
The rental of a room or rooms in a housing accommodation,
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.
B.
This section shall in no manner prevent the requirement
for additional structural, emergency alarm and/or fire prevention precautions
as may be required by any ordinance, nor shall it be interpreted to prevent
enforcement of local building code and zoning requirements and use limitations
for special residence facilities, as defined by local law. This chapter shall
not be interpreted to allow for any unilateral change in occupancy or creation
of special occupancy uses licensed or regulated by the state, without first
obtaining all required permits and certificates of occupancy to ascertain
full compliance with local laws and building codes.
C.
Nothing in this chapter shall require an owner to offer
for sale or lease real property to the public at large, nor shall this chapter
be deemed to prohibit discrimination for any reason other than race, creed,
color, national origin, sex, handicap, marital status, or familial status
and not otherwise prohibited by law.
It shall be the duty of the Fair Housing Officer to initiate, receive
and investigate written complaints charging discrimination, make findings
of fact, seek conciliation of such complaints, seek compliance by violators
and take all other actions as authorized by law.
A.
Any person aggrieved in any manner by a violation of
any provision of this chapter may file a written complaint with the Fair Housing
Officer or his designee. The complaint shall be addressed to the Fair Housing
Officer and shall state:
(1)
The name and address of the complainant;
(2)
The name and address of the person or persons against
whom the complainant is brought, if known to the complainant;
(3)
The address of the property involved;
(4)
The name and address of all persons believed to have
knowledge concerning the alleged violation;
(5)
The facts surrounding the alleged violation of this chapter;
and
(6)
Such other information as may be required by the Fair
Housing Officer.
B.
The Fair Housing Officer shall provide a printed form
of complaint for the use of aggrieved persons. No fee shall be charged for
the filing of the complaint. Any complaint shall be barred from consideration
unless it is filed with the Fair Housing Officer or his designee within six
months after the alleged discriminatory practice has occurred. The Fair Housing
Officer may end the time for filing the complaint for an additional 60 days
when conciliation efforts are pending.
C.
The Fair Housing Officer shall furnish a copy of the
complaint, to the person or persons against whom the complaint is brought,
in person or by certified mail within five business days of receipt of the
complaint from the complainant. The Fair Housing Officer shall investigate
the complaint and determine whether or not, in his opinion, probable cause
exists for believing that the allegations made in the complaint are true.
If, after such investigation, the Fair Housing Officer determines that probable
cause does not exist to believe that the allegations made in the complaint
are true, he shall dismiss the complaint and shall so notify the complainant
and all other parties interested. If, after such investigation, the Fair Housing
Officer determines that probable cause does exist to believe that the allegations
made in the complaint are true, he shall set a date for a conference and notify
the parties of the time and place thereof; at such conference, the Fair Housing
Officer shall interview the complainant and the person or persons against
whom the complaint has been directed and shall attempt to resolve the complaint
by conciliation.
D.
The Fair Housing Officer is authorized to hold closed
meetings for conciliation of complaints of discrimination brought pursuant
to this chapter. Nothing said or done in the course of such meetings shall
be made public by the Fair Housing Officer, the complainant or by any other
party to the proceedings without the written consent of all persons concerned.
E.
If the Fair Housing Officer has been unable to secure
voluntary compliance, and if he has made a determination of the probable occurrence
of one or more of the prohibited acts as hereinabove defined, the Fair Housing
Officer may request the City Attorney to institute and maintain an action
provided for below. The City Attorney shall, within 30 days of such request,
make a determination as to whether to proceed with such action. If the City
Attorney determines to proceed, he shall institute an action in a court of
competent jurisdiction within 30 days after such determination.
A.
The City Attorney, on behalf of the city, may institute
and maintain an action in a court of competent jurisdiction to restrain by
injunction any violation of this chapter, or to impose any fines or to enter
a judgment for any penalties provided for violations of this chapter.
In order to prevent multiplicity of proceedings, the provisions of this chapter shall not be operative where there is pending or there has been a determination in any other proceeding or action authorized under laws or ordinances of another governmental body based upon the identical acts or acts prohibited under § 53-3 of this chapter.
