For the purpose of providing and ensuring fair
housing opportunities for all within the Town of New Berlin, the Town
Board of the Town of New Berlin in the County of Chenango, State of
New York, under the authority of the General Municipal and Town Laws,
hereby obtains, enacts and publishes this chapter.
Except as exempted by §
80-6, it shall be unlawful within the Town of New Berlin:
A. To refuse to sell or rent after making a bona fide
offer or to refuse to negotiate for the sale or rental of, otherwise
make unavailable or deny a dwelling to any person because of race,
color, religion, sex, handicap, familial status or national origin.
[Amended 8-21-1995 by L.L. No. 5-1995]
B. To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling or in the provision
of services or facilities in connection therewith because of race,
color, religion, sex, handicap, familial status or national origin.
[Amended 8-21-1995 by L.L. No. 5-1995]
C. To make, print or publish or cause to be made, printed
or published any notice, statement or advertisement with respect to
the sale or rental of a dwelling that indicates any preference, limitation
or discrimination based on race, color, religion, sex or national
origin or an intention to make any such preference, limitation or
discrimination.
D. To represent to any person because of race, color,
religion, sex or national origin that any dwelling is not available
for inspection, sale or rental when such dwelling is in fact so available.
E. For profit, to induce or attempt to induce any person
to sell or rent any dwelling by representations regarding the entry
or prospective entry into the neighborhood of a person or persons
of a particular race, color, religion, sex or national origin.
It shall be unlawful within the Town of New Berlin for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in §
80-6.
[Amended 8-21-1995 by L.L. No. 5-1995]
It shall be unlawful within the Town of New
Berlin to deny any person access to membership or participation in
any multiple-listing service, real estate broker's organization or
other service organization or facility relating to the business of
selling or renting dwellings or to discriminate against him in their
terms or conditions of such access, membership or participation on
account of race, color, religion, sex or national origin or in the
sale, rental or occupancy of dwellings which it owns or operates for
other than a commercial purpose to persons of the same religion or
from giving preference to such persons, unless membership in such
religion is restricted on account of race, color, sex or national
origin. Nor shall anything in this chapter prohibit a private club
not in fact open to the public, which, as an incident to its primary
purposes or purposes, provides lodgings which it owns or operates
for other than a commercial purpose, from limiting the rental of occupancy
of such lodgings to its members or from giving preference to its members.
The authority and responsibility for publicizing,
administering and enforcing this chapter shall be in the Town's Fair
Housing Officer, to be designated by the Supervisor of the Town of
New Berlin.
Violations of this chapter shall be reported
in person or in writing to the Town Fair Housing Officer.
Where sufficient cause exists to believe that
the terms of this chapter have been violated, the Fair Housing Officer
shall institute a suit in the appropriate court against the alleged
violator.
[Amended 8-21-1995 by L.L. No. 5-1995]
Where a person or organization has been found,
after a trial on the merits, in violation of this chapter, a fine
shall be imposed on such person or organization not to exceed $1,000
and/or one year imprisonment, or both. Each and every separate violation
of this chapter shall be deemed an offense for the purposes of imposing
the appropriate fine.
The Town Board may, on its own initiative or
on petition, amend, supplement or repeal the provisions of this chapter
in conformity with applicable law after public notice and hearing.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety or
the general welfare. Whenever the requirements of this chapter are
at variance with the requirement of any other lawfully adopted rules,
regulations or ordinances, the most restrictive, or that imposing
the highest standards, shall govern.
This chapter shall be known and may be cited
as the "Town of New Berlin Fair Housing Law."