[HISTORY: Adopted by the Board of Selectmen
of the Town of Cromwell 12-12-1979. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
It is the policy of the Town of Cromwell to
safeguard all individuals within the Town from discrimination because
of race, color, religion, sex or national origin in connection with
housing, thereby to protect their interest in personal dignity and
freedom from humiliation, to make available to the Town their full
productive capacities, to secure the Town against strife and unrest
which would menace its democratic institutions and to preserve the
public safety and general welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town Manager of the Town of Cromwell.
[Amended TC 6-16-2014]
To cause any difference in treatment based on race, color,
religion, sex or national origin, and includes segregation based upon
any of the foregoing categories.
The person responsible for accepting and acting upon housing
discrimination complaints. The Fair Housing Officer shall be the Town
Manager or a duly appointed representative of the Town Manager.
[Amended TC 6-16-2014]
A committee appointed by the Town Council and established
to assist the Fair Housing Officer in the review or housing discrimination
complaints. "Review Committee" means "Fair Housing Review Committee."
[Amended TC 6-16-2014]
Any dwelling, housing unit, structure or portion thereof
used or to be used for residential purposes.
Any person having or exercising the right to sell, rent or
lease any housing accommodation.
In connection with any of the transactions set
forth in this section which affect any housing accommodation on the
open market or in connection with any public sale, purchase, exchange,
rental or lease of any housing accommodation, it shall be a prohibited
unlawful practice for a person, owner, financial institution, real
estate broker or real estate salesman or any representative of the
above to:
A.
Refuse to sell, purchase, exchange, rent or lease
or otherwise deny to or withhold any housing accommodation or real
estate from a person because of his race, color, religion, sex or
national origin.
B.
Discriminate against a person in the terms, conditions
or privileges of the sale, financing, purchase, exchange, rental or
lease of any housing accommodation or real estate or in the furnishing
of facilities or services in connection therewith.
C.
Refuse to receive or transmit a bona fide offer to
sell, purchase, exchange, rent or lease any housing accommodation
from or to a person because of his race, color, religion, sex or national
origin.
D.
Refuse to negotiate for the sale, purchase, exchange,
rental or lease of any housing accommodation to a person because of
his race, color, religion, sex or national origin.
E.
Represent to a person that any housing accommodation
is not available for inspection, sale, purchase, exchange, rental
or lease when it is known to such person, owner, financial institution,
real estate broker or real estate salesman or representatives of any
of them that, in fact, it is so available; or refuse to permit a person
to inspect any housing accommodation because of his race, color, religion,
sex or national origin.
F.
Discriminate against a person by failing or refusing
to show housing accommodations which are listed for sale or rental.
G.
Retaliate against a person because he has filed a
complaint, testified, assisted or participated in any manner in an
investigation, proceeding, hearing or conference under this chapter
by adjusting his rental, by failing to provide proper services or
by refusing to deal with such person.
The provisions of the chapter shall not apply:
A.
To the rental or lease of any housing units in a housing
accommodation 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.
B.
To 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.
C.
With respect to the prohibition of sex discrimination,
to rental of sleeping accommodations provided on a temporary or permanent
basis for the exclusive use of persons of the same sex.
The administration and enforcement of this chapter
shall be the responsibility of the Fair Housing Officer, and he/she
shall have full operating responsibility for carrying out the provisions
of the chapter. In addition to any powers or duties heretofore conferred
on said Officer, he/she shall have the power and duty to:
A.
Meet and exercise his/her powers at any place within
the Town of Cromwell for the purpose of implementing and administering
this chapter.
B.
Seek the advise and/or services of the Town Counsel,
if deemed necessary, and appoint and empower a Fair Housing Review
Committee to assist in effecting the purposes and provisions of this
chapter.
C.
Accept gifts or bequests, grants or other payments,
public or private, and duly recorded as such, to help finance its
activities.
D.
Receive, initiate, investigate, seek to conciliate,
hold hearings on and pass upon complaints alleging violations of this
chapter.
E.
Hold hearings, administer oaths or take the testimony
of any person under oath.
F.
Issue remedial orders requiring cessation of violation
of this chapter or requiring such affirmative action as in the judgment
of the Fair Housing Officer and/or Review Committee will carry out
the purposes of the chapter, including, where appropriate, an order
forbidding the sale, transfer or leasing of any housing accommodation
or ordering the sale or leasing of a housing accommodation to a person
found to have been denied the rights protected by this chapter.
G.
Apply to a court of competent jurisdiction for such
temporary or permanent relief as it deems necessary.
H.
With the approval of the Town Council, adopt, promulgate,
amend and rescind rules and regulations to effectuate the purposes
of this chapter, including regulations requiring the posting of notices
prepared or approved by the Fair Housing Officer and/or Review Committee.
[Amended TC 6-16-2014]
A.
Any person or persons claiming to be aggrieved by
an unlawful practice prohibited by this chapter may file a written
complaint in accordance with the rules and regulations of the Fair
Housing Officer. No complaint hereunder may be filed later than 30
days after the aggrieved person becomes aware of the alleged unlawful
practice nor, in any event, more than 60 days after the alleged unlawful
practice occurred. Within the above time limitations, any member of
the Fair Housing Review Committee who has reason to believe an unlawful
practice has occurred may file a complaint, naming the Committee itself
or the Fair Housing Officer as the party complainant.
B.
Anything in this chapter to the contrary notwithstanding,
in the event that any proceeding is instituted before the Connecticut
Commission on Human Rights and Opportunities growing out of substantially
the same facts, no complaint shall be acted upon by the Fair Housing
Officer and/or Review Committee, and any action already undertaken
upon a complaint shall be suspended. In the event of the institution
of such a proceeding, the action of the Connecticut Commission on
Human Rights and Opportunities shall be final.
C.
Upon receipt of a complaint, the Fair Housing Officer
shall serve the complaint and a written statement setting forth the
rights of the parties and the procedures to be followed by the Fair
Housing Officer and/or Review Committee in the investigation and adjudication
of the complaint upon the person or persons charged with a violation
of this chapter, hereinafter referred to as the "respondent."
D.
Upon receipt of a complaint, the Fair Housing Officer
and/or Review Committee shall conduct a preliminary investigation
of the complaint and shall, within 21 days after service of the complaint
on the respondent, prepare a written report.
E.
The Fair Housing Officer and/or Review Committee shall,
within 10 days after completion of the report of the preliminary investigation,
determine whether there is probable cause to believe that an unlawful
practice has been committed.
(1)
If the Fair Housing Officer and/or Review Committee
determines that there is no such probable cause, the complaint shall
be dismissed.
(2)
If the Fair Housing Officer and/or Review Committee
determines that there is such probable cause, the Fair Housing Officer
and/or Review Committee shall make an effort to eliminate the unlawful
practice by conference and conciliation, in accordance with the provisions
of this chapter.
F.
Within 30 days after the Fair Housing Officer has
determined that probable cause exists, unless an order has been issued
dismissing the complaint or stating the terms of a conciliation agreement,
the Fair Housing Officer shall recommend to the parties involved that
they initiate action before the Connecticut Commission on Human Rights
and Opportunities.
