It is the policy of the Town of East Hampton to safeguard all individuals
within the Town from discrimination because of race, color, religious creed,
sex, marital status, national origin, ancestry, age, present or past history
of mental disorder, mental retardation, sexual orientation, learning or physical
disability, political activity, union activity or exercise of rights protected
by the United States Constitution in connection with housing; thereby to protect
their interest in personal dignity and freedom from humiliation, to make available
to the Town their full production 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:
DISCRIMINATE
To cause any difference in treatment based on race, color, religious
creed, sex, marital status, national origin, ancestry, age, present or past
history of mental disorder, mental retardation, sexual orientation, learning
or physical disability, political activity, union activity or exercise of
rights protected by the United States Constitution, and includes segregation
based upon any of the foregoing categories.
FAIR HOUSING OFFICER
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.
FAIR HOUSING REVIEW COMMITTEE
A committee established to assist the Fair Housing Officer in the
review of housing discrimination complaints. "Review Committee" means the
Fair Housing Review Committee.
HOUSING ACCOMMODATION
Any dwelling, housing unit, structure, or portion thereof, including
mobile manufactured homes and mobile manufactured home park lots, used or
to be used for residential purposes.
OWNER
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, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or
B. To 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; or
C. To 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, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or
D. To refuse to negotiate for the sale, purchase, exchange,
rental, or lease of any housing accommodation to a person because of his race,
color, religious creed, sex, marital status, national origin, ancestry, age,
present or past history of mental disorder, mental retardation, sexual orientation,
learning or physical disability, political activity, union activity or exercise
of rights protected by the United States Constitution; or
E. To 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 to refuse to permit a person to inspect any housing
accommodation because of his race, color, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or
F. To discriminate against a person by failing or refusing
to show housing accommodations which are listed for sale or rental; or
G. To 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; or
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; or
C. With respect to the prohibition of sex discrimination,
shall not apply 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 this 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 East Hampton for the purpose of implementing and administering
this chapter.
B. Seek the advice 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 and 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 this 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 and/or permanent relief as it deems necessary, and for judicially sanctioned enforcement of any order properly issued under Subsection
F.
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.
Any respondent or complainant aggrieved by a final order of the Fair
Housing Officer and/or Review Committee, or any complainant aggrieved by the
dismissal of his complaint by the Fair Housing Officer and/or Review Committee,
may obtain a review of such order in a court of competent jurisdiction by
filing with the Clerk of said Court, within 30 days after service upon him
of said order, a written petition in duplicate praying that such order be
modified or set aside, and by serving a duplicate copy of the petition on
the Fair Housing Officer. The Fair Housing Officer shall then cause to be
filed in said court a certified transcript of the record in the
proceedings before it, including the pleadings, testimony and order.