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HomeMy WebLinkAboutSection 16 SECTION . 16 LOCAL LAW NO. 4 FOR THE YEAR 1987 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1 . 0 Title, Purposes, Enactment and Authority 1 .1 TITLE This local law shall be known as the "Fair Housing Law of the Town of Newfield" . 1 . 2 PURPOSES AND ENACTMENT For the purpose of providing and ensuring fair housing op- portunities for all within the Town of Newfield, the Town Board of the Town of Newfield in the County of Tompkins, State of New York, under the authority of the General Municipal and Town Laws, hereby enacts this law. SECTION 2 . 0 Definitions 2. 1 GENERAL For the purpose of this law, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, and the word "shall" is always mandatory. 2 . 2 SPECIFIC WORDS OR PHRASES For the purpose of this law, certain terms or words herein shall be interpreted as follows: • (a) "Dwelling" means any building, structure, or por- tion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (b) "Person" includes one or more individuals, cor- - porations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock com- panies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries . (c) "Family" includes a single individual. (d) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to oc- cupy premises not owned by the occupant. (e) "Discriminatory housing practice" means an act that is unlawful under Sections 3. 0, 4 . 0 and 5. 0. (f) "House" shall mean a house, mobile home or condo- minium unit. SECTION 3. 0 Discrimination in the Sale or Rental of Housing 3.1 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING Except as exempted by Section 6 . 0, it shall be unlawful with- in the Town of Newfield: (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, gender (sex) , national origin, or ethnic group. (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, gender, national origin, or ethnic group. (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 indi- cates any preference, limitation, or discrimination based on race, color, religion, gender, national origin, or ethnic group, or an intention to make any such preference, limita- tion or discrimination. -2- (d) To represent to any person because of race, color, religion, gender, national origin, or ethnic group 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 re- garding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, gender, national origin, or ethnic group. SECTION 4 . 0 Discrimination in the Financing of Housing 4 .1 DISCRIMINATION IN THE FINANCING OF HOUSING It shall be unlawful within the Town of Newfield for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business con- sists 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 discrimi- nate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other fi- nancial assistance because of the race, color, religion, gender, national origin, or ethnic group of such person or of any per- son associated with him in, connection with -such laan—og�thex- financial assistance, or the purposes of such loan or other fi- nancial 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 sec- tion shall impair the scope or effectiveness of the exception contained in Section 6. 0 . SECTION 5. 0 Discrimination in the Provision of Brokerage Services 5.1 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES It shall be unlawful within the Town of Newfield to deny any person access to or 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 the terms or conditions of such access, membership, or participa- tion on account of race, color, religion, gender, national origin, or ethnic group. -3- SECTION . 6 0 Exceptions 6.1 EXEMPTIONS Sales/Rentals by Owners - Nothing in Section 3. 0 [other than subsection 3.l (c) J shall apply to: (a) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three such single-family houses at any one time: Provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the recent resident of such house prior to such sale, the exception granted by this subsection shall apply only with respect to one such sale within any 24 month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf under any express or volun- tary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at one time: Provided further, that the sale or rental of any such single-family house shall be excepted from the application of this law only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or-a--the---s�ale-or rental: services_.. of any real estate broker, agent, or salesman, or of such facilities or services of any person in the busi- ness of selling or renting dwellings, or of any em- ployee or agent of any such broker, agent, salesman, or person, and (ii) without the publication, posting, or mail- ing, after notice, of any advertisement or written notice in violation of Section 3. 0 of this law; but nothing in this proviso shall prohibit the use of attor neys, escrow agents, abstractors, title companies, and other such professional assistance as may be necessary to perfect or transfer the title, or (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. -4- • For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if: (a) He has, within the preceding 12 months, partici- pated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (b) He has, within the preceding 12 months, partici- pated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (c) He is the owner of any dwelling designed or in- tended for occupancy by, or occupied by, five or more fami- lies. 6 . 2 6 SALES/RENTALS BY RELIGIOUS U ORGANIZATIONS Nothing in this law shall prohibit a religious organization, association, or society, or any non-profit institution or organi- zation operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting 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,-gender, national _origin,_or ethnic origin. Nor shall anything in this law prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. SECTION 7 . 0 Administration 7.1 AUTHORITY AND RESPONSIBILITY The authority and responsibility for publicizing, adminis- tering, and enforcing this law shall be in the Town of Newfield Civil Rights Enforcement Officer, to be designated by the Super- visor of the Town of Newfield. -5- 7. 2 VIOLATIONS Violations of this law shall be reported in person or in writing to the Town of Newfield Civil Rights Enforcement Officer. 7.3 ENFORCEMENT Where sufficient cause exists to believe that the terms of this law have been violated, the Civil Rights Enforcement Officer shall file a complaint in the Town Justice Court. A violation of this law shall constitute a violation as defined in the Penal Law. 7.4 PENALTIES Where a person or organization has been found, upon a plea of guilty, or after a trial on the merits, in violation of this law, a fine shall be imposed on such person or organization not to exceed $500.00 for a first offense, and $1, 000 . 00 for each additional offense. The minimum fine for violations of this law shall be $100. 00 for a first offense, and $500 . 00 for each addi- tional offense. Each and every separate violation of this law shall be deemed an offense for the purposes of imposing the ap- propriate fine. For a second and subsequent offense, the court shall have the discretion of imposing a term of imprisonment in addition to any fine, such term not to exceed 15 days. 7. 5 CIVIL ACTION Nothing contained herein shall prohibit any individual ag- grieved as a result of a violation of this law from instituting any civil action for damages in a court of competent jurisdiction or otherwise filing a proceeding on his or her own behalf before any other federal or state agency (e.g. New York State Human Rights Commission) . SECTION 8 . 0 Miscellaneous Provisions 8.1 AMENDMENT The Town Board may, on its own initiative or on petition, amend,—supplement, or repeal the provisions of this law in con- formity with applicable law after public notice and hearing. 8 . 2 INTERPRETATION In their interpretation and application, the provisions of this law shall be held to be minimum requirements, adopted for -6- the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this law are at variance with the requirements of any other lawfully adopted rules, regu- lations, or ordinances, the most restrictive, or that imposing the highest standards, shall govern. 8 . 3 VALIDITY The invalidity of any section or provision of this law shall not invalidate any other section or provision thereof. 8 .4 EFFECTIVE DATE This law shall take effect immediately upon filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. -7- v LOCAL LAW NO. 1 FOR THE YEAR 1994 BE IT ENACTED BY TILE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SEC'T'ION 1 . 0 Title, Purposes, Enactment and Authority 1 . 1 TITLE This local law shall be known as the "Amended Fair Housing Law of the Town of Newfield" . 1 . 2 PURPOSES AND ENACTMENT For the purpose of providing and ensuring fair housing opportunities for all within the Town of Newfield, and amending Local Law No. 4 (1987) entitled "Fair Housing Law of the Town of Newfield, "the Town Board of the Town of Newfield in the County of Tompkins, State of New York, under the authority of the General . Municipal and Town Laws, hereby enacts this law. SECTION 2 . 0 Definitions 2 . 1 GENERAL For the purpose of this law, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, and the word "shall" is always mandatory. 2 . 2 SPECIFIC WORDS OR PHRASES For the purpose of this law, certain terms or words herein shall be interpreted as follows: (a) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (b) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. (c) "Family" includes a single individual. (d) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (e) "Discriminatory housing practice" means an act that is unlawful under Sections 3 . 0, 4 . 0 and 5 . 0. (f) "House" shall mean a house, mobile home or condominium unit. (g) "Familial Status" shall mean one or more individuals (who have not attainted the age of 18 years) being domiciled with (i) a parent or another person having legal custody of such individual or individuals, or (ii) the designee of such parent or other person having such custody, with the written permission of such parent or other- person. The protections afforded by this law 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. SECTION 3 . 0 Discrimination in the Sale or Rental of Housing 3 . 1 DISCRIMINATION IN TIIE SALE OR RENTAL OF HOUSING Except as exempted by Section 6 . 0, it shall be unlawful with- in the Town of Newfield: (a) To refuse to sell or rent after fide offer, or the making of a bona offer, f o to refuse to negotiate g bate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, gender (sex) , handicap, familial status, national origin, or ethnic group. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling,ng, or in the provision sion of services or facilities in connection therewith, because of race, color, religion, gender, handicap, familial status, national origin, or ethnic group. (c) To make, print, or publish, or cause to be made, printed or ublished p any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based 2 on race, color, religion, gender, handicap, familial status, national origin, or ethnic 'group, or an intention to make any such, preference, limitation or discrimination. (d) To represent to any person because of race, color, religion, gender, handicap, familial status, national origin; or ethnic group 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, gender, handicap, familial status, national origin, or ethnic group. SECTION 4 . 0 Discrimination in the Financing of Housing 4 . 1. DISCRIMINATION IN THE FINANCING OF HOUSING It shall be unlawful within the Town of Newfield 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, gender, handicap, familial status, national origin, or ethnic group 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 i al 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 scope air the e or effectiveness P of the exception contained in Section 6. 0. 3 SECTION 5 . 0 Discrimination in the Provision of Brokerage Services 5 . 1 DISCRIMINATION IN TIE PROVISION OF BROKERAGE SERVICES It shall be unlawful within the Town of Newfield to deny any person access to or 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 the terms or conditions of such access, membership, or participation on account of race, color, religion, gender, handicap, familial status, national origin, or ethnic group. SECTION 6 . 0 Exceptions 6 . 1 EXEMPTIONS Sales/Rentals by Owners - Nothing in Section 3 . 0 [other than subsection 3 . 1 (c) ] shall apply to: (a) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three such single-family houses at any one time: Provided further, that in the case of the sale of any such • single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the recent resident of such house prior to such sale, the exception granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at one time: Provided further; that the sale or rental of any such single-family house shall be excepted from the application of this law only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person, and • 4 • (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of Section 3 . 0 of this law; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as may be necessary to perfect or transfer the title, or (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if : (a) He has, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (b) He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (c) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families . 6 . 2 SALES/RENTALS BY RELIGIOUS ORGANIZATIONS Nothing in this law shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or. society, from limiting 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, gender, handicap, familial status, national origin, or ethnic origin. Nor shall anything in this law prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial mercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. 5 SECTION 7 . 0 Administration 7 . 1 AUTHORITY AND RESPONSIBILITY The authority and responsibility for publicizing, administering, and enforcing this law shall be in the Town of Newfield Fair Housing Officer, to be designated by the Supervisor of the Town of Newfield. 7 . 2 VIOLATIONS Violations of this law shall be reported in person or in writing to the Town of Newfield Fair Housing Officer within one (1) year of the alleged discriminatory housing practice. 7 . 3 ENFORCEMENT Where sufficient cause exists to believe that the terms of this law have been violated, the Fair Housing Officer shall file a complaint in the Town justice Court against the alleged violator within 120 days following the issuance of the charge. A violation of this law shall constitute a violation as defined in the Penal Law. 7 . 4 PENALTIES Where a person or organization has been found, upon a plea of guilty, or after a trial on the merits, in violation of this law, a fine shall be imposed on such person or organization not to exceed $10, 000. 00 for a first offense, $25, 000 . 00 for a second offense and $50, 000 . 00 for a third offense. The minimum fine for violations of this law shall be $100. 00 for a first offense, and $500. 00 for each additional offense. Each and every separate violation of this law shall be deemed an offense for the purposes of imposing the appropriate fine. 7 . 5 CIVIL ACTION Nothing contained herein shall prohibit any individual aggrieved as a result of a violation of this law from instituting any civil action for damages in a court of competent jurisdiction or otherwise filing a proceeding on his or her own behalf before any other federal or state agency (e.g. New York State Human Rights Commission) . 6 SECTION 8 . 0 Miscellaneous Provisions 8 . 1 AMENDMENT The Town Board may, on its own initiative or on petition, amend, supplement, or repeal the provisions of this law in conformity with applicable law after public notice and hearing. 8 . 2 INTERPRETATION In their interpretation and application, the provisions of this law 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 law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the highest standards, shall govern. 8 . 3 VALIDITY The invalidity of any section or provision of this law shall not invalidate any other section or provision thereof . 8 . 4 EFFECTIVE DATE This law shall take effect immediately upon filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. 7