[HISTORY: Adopted by the North Hempstead Town Board 1-28-1969. Amendments noted where applicable.]
Housing and Rehabilitation Code — See. Ch. 28.
In the Town of North Hempstead, with its population consisting of people of various races, creeds, colors and national origins, the existence of prejudice or discrimination based on race, creed, color or national origin constitutes a grave danger to the health, morals, safety and welfare of the inhabitants of the town. The Town 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 land and housing accommodations because of race, creed, color or national origin threaten the fundamental rights and privileges of the inhabitants of the Town of North Hempstead and undermine the foundations of a free democratic state. The Town Board further declares it to be public policy of the Town of North Hempstead to eliminate and prevent discrimination and segregation based on race, creed, color or national origin, and to safeguard the right of every person to sell, purchase, lease or rent or obtain financing for the purchase or lease of land and housing accommodations without regard to race, creed, color or national origin.
In accordance with this policy, it shall be the duty of all town officers, officials and employees to exercise any governmental function relating to the use, sale or occupancy of land, real property or housing accommodations in such a manner, consistent with law, that all discrimination be prevented.
For the purpose of this ordinance, the terms used herein are defined as follows:
- HOUSING ACCOMMODATION
- Any place in which human habitation is permitted by the town ordinances.
- NATIONAL ORIGIN
- Includes ancestry.
- Includes one (1) or more individuals, partnerships, associations, corporations, legal representatives and successors, trustees, trustees in bankruptcy or receivers. The plural shall include the singular and vice versa.
- Any person charged with a violation of the provisions of this ordinance.
- TOWN ATTORNEY
- Includes Town Attorney, Deputy Town Attorney, Assistant Town Attorneys or other attorney at law acting on behalf of the Town of North Hempstead.
- TOWN OF NORTH HEMPSTEAD
- Includes all land in the geographical boundaries of the town and any lands held in a proprietary capacity by the town outside said geographical limits.
Certain types of discrimination prohibited; exceptions.
No person or agent acting on behalf of another shall:
Refuse to sell, rent or lease any housing accommodation or any facilities of any housing accommodation or land in the Town of North Hempstead to any person, or refuse to negotiate for the sale, rental or lease of any housing accommodation or land to any person by reason of race, creed, color or national origin of such person, or represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise deny or withhold any housing accommodation or any facilities of any housing accommodation or land from any person because of the race, creed, color or national origin of such person.
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 housing accommodation, or in the furnishing of facilities or services in connection therewith.
Print or circulate or cause to be printed or circulated any statement, advertisement or publication, or use any form of application for the purchase, rental or lease of any housing accommodation or land, or make any record of inquiry in connection with the prospective purchase, rental or lease of any housing accommodation or land which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color or national origin, or any intent to make any such limitation, specification or discrimination.
The provisions of Subsection A(1) shall not apply to:
The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or members of his family reside in one (1) of such housing accommodations.
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.
No person, bank, trust company, private banker, savings bank, industrial bank, savings and loan association, credit union, investment company, mortgage company, insurance company or other financial institution or lender doing business in the Town of North Hempstead (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 is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or land in the Town of North Hempstead shall:
Discriminate against any such applicant because of the race, creed, color or national origin of such applicant or of any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation or land in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of any such financial assistance.
Use any form or application for such financial assistance or make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination because of race, creed, color or national origin.
No person shall aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this ordinance or attempt to do so.
No person engaged in any activity to which this ordinance applies shall retaliate or discriminate against any person because such person has opposed any practices forbidden under this ordinance or because such person has filed a complaint, testified or assisted in any proceeding under the ordinance.
The Town Attorney of the Town of North Hempstead is authorized to receive at all times verified complaints setting forth in writing the facts involving the commission of any of the acts prohibited by § 28A-3 of this ordinance.
Upon receipt of such complaint the Town Attorney shall forthwith serve a copy thereof upon the respondent.
Within seven (7) days after the service upon the respondent of a copy of the complaint, the Town Attorney shall conduct an investigation to determine whether the complaint has merit and, if he finds such to be the case, shall attempt by conference and conciliation to effect the elimination of the discriminatory practice.
If the respondent agrees to the elimination of the discriminatory practice, such agreement shall be reduced to writing, shall be subscribed by the respondent and shall contain a provision that the respondent will refrain from the commission of discriminatory practices in the future, and may contain such further provisions as are agreed upon between the respondent and the Town Attorney. The Town Attorney shall not disclose what has transpired in the course of such endeavors, except as provided in Subsection E immediately following.
In the event that conference and conciliation fail to produce an agreement for the elimination of the discriminatory practice, the Town Attorney shall refer the entire record of the proceedings conducted by his office to the New York State Division of Human Rights for appropriate action. The office of the Town Attorney shall be available to and cooperate with the State Division of Human Rights after such referral.
In the event that a respondent refuses to respond to a charge of alleged violation of any provision of this ordinance or participate in conciliation, the Town of North Hempstead may apply for an order in a court of competent jurisdiction to compel compliance with § 28A-4 of this ordinance.
The invalidity of any Article, section, paragraph, sentence, clause, word or provision of this ordinance shall not invalidate any other Article, section, paragraph, sentence, clause, word or provision thereof.
This ordinance shall take effect ten (10) days after its adoption by the Town Board of the Town of North Hempstead.