§ 26-1. Policy. back to top
A. In the Town of Islip, with its population consisting of people of various races, creeds, colors and national origins, there is no greater danger to the health, morals, safety and welfare of the Town and its inhabitants than the existence of groups and individuals reflecting prejudice against one another and antagonism toward each other because of differences of race, creed, color, sex, disability or national origin. 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 housing accommodations because of race, creed, color, sex, disability or national origin threaten the fundamental rights and privileges of the inhabitants of the Town of Islip and undermine the foundation of a free and democratic state. The Town Board further declares it to be public policy of the Town of Islip to eliminate and prevent discrimination and involuntary segregation based on race, creed, color, sex, disability or national origin, and to safeguard the right of every person to sell, purchase, lease, rent or obtain financing for the purchase or lease of housing accommodations without regard to race, creed, color, sex, disability or national origin.
[Amended 2-15-72; 7-11-78]
B. The Town Board of the Town of Islip further declares it to be public policy of the Town of Islip to offer assistance in the resettlement of all persons removed from their places of residence by programs of the Town of Islip, provided that such removal shall not be for a violation of a Town of Islip ordinance, law or regulation.
C. 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 discimination be prevented.
§ 26-2. Definitions. back to top
As used in this ordinance, the following terms shall have the meanings indicated:
DISABILITY
A physical, mental or medical impairment resulting from an anatomical, physiological or neurological condition which prevents the exercise of a normal bodily function.
[Added 7-11-78]
DISCRIMINATION
[Repealed 2-15-72]
HOUSING ACCOMMODATION
Any place in which human habitation is permitted by the Town.
NATIONAL ORIGIN
Includes ancestry.
PERSON
Includes one (1) or more individuals, partnerships, associations, corporations, legal representatives and successors. The plural shall include the singular and vice versa.
STEERING OR CHANNELING OF A PROSPECTIVE PURCHASER
The use of a word or phrase or action by a real estate broker or salesperson which is intended to influence the choice of a prospective home or property purchaser on the basis of race, creed, color, sex, disability or national origin.
[Added 7-11-78]
TOWN ATTORNEY
Shall include the Town Attorney, Deputy Town Attorney and Assistant Town Attorneys.
TOWN OF ISLIP
Shall include all land in the geographical boundaries of the Town and any lands held in a proprietary capacity by the Town outside said geographical limits, but no land in incorporated villages.
§ 26-3. Enforcement. back to top
The Town Attorney is authorized to receive complaints of violations of this ordinance and to take the necessary action to enforce the provisions of this ordinance. Any action taken by him under this ordinance shall not require resolutions of the Town Board.
§ 26-4. Prohibited acts. back to top
[Amended 2-15-72; 7-11-78]
A. No person or agent acting on behalf of another shall:
(1) Refuse to sell, rent or lease any housing accommodation or any facilities of any housing accommodation or land in the Town of Islip to any person or group of persons, or refuse to negotiate for the sale, rental or lease of any housing accommodation or land to any person or group of persons by reason of race, creed, color, sex, disability or national origin of such person or persons, 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 or group of persons because of the race, creed, color, sex, disability or national origin of such person or persons.
(2) Discriminate against any person because of his race, creed, color, sex, disability 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 service in connection therewith.
(3) Print or circulate or cause to be printed or circulated any statement, advertisement or publication, or use any form or application for the purchase, rental or lease of any housing accommodation or land, or make any record or 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, sex, disability or national origin or any intent to make any such limitation, specification or discrimination.
B. No real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization, for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, shall:
(1) Engage in the practice of steering or channeling a prospective home or property purchaser into or away from an area because of race, creed, color, sex, disability or national origin, whether on his own initiative or in response to the purchaser's initiative, or either directly or indirectly discourage the prospective buyer from purchasing a home in a particular area because of race, creed, color, sex, disability or national origin.
(2) Represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, sex, disability or national origin of the owners or occupants in the block, neighborhood or area in which the real property is located, and represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior or a decline in the quality of schools or other facilities.
C. 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 Islip (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 Islip, shall:
(1) Discriminate against any such applicant or applicants because of the race, creed, color, sex, disability or national origin of such applicant or applicants, nor of any member, stockholder, director, officer or employee of such applicant or applicants, nor of the prospective occupants or tenants of such housing accommodations or land in the granting, withholding, extending or renewing or in the fixing of the rates, terms or conditions or any such financial assistance.
(2) Use any form or application for such financial assistance or make any record of inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination because of race, creed, color, sex, disability or national origin.
D. 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.
E. 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 or testified or assisted in any proceeding under this ordinance.
§ 26-5. Penalties for offenses. back to top
A. Any person who shall violate any of the provisions of § 26-4 shall, for each and every offense, be deemed guilty of a violation and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) or shall be imprisoned not less than five (5) days nor more than fifteen (15) days, or may be both fined and imprisoned.
B. Any person who sells or rents the housing accommodations or land in question to anyone other than the complainant after notice that a complaint of discrimination has been filed against such person shall, upon conviction of a violation under such complaint, be fined not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) or shall be imprisoned not less than five (5) days nor more than fifteen (15) days, or may be both fined and imprisoned.
C. Upon conviction of a violation under this ordinance, a violator may, after application to a court of competent jurisdiction, be ordered to make available to the complainant the premises involved.
§ 26-6. Posting of notices and injunctions. back to top
A. In addition to the sanctions and remedies set forth in § 26-5, the Town of Islip may apply for an order in a court of competent jurisdiction to compel compliance with or to restrain any violation of any provision of § 26-4.
B. In order to prevent the involvement of innocent third parties in the rental or sale of housing accommodations or land in the period after a complaint is filed but before an order or injunction is obtained, the Town Attorney may post for fifteen (15) days a notice on the said housing premises or land unless the person or persons charged with discrimination agree in writing not to sell or rent during the pendency of the action or proceeding against such person or persons. Any person or persons who remove, cover or deface the posted notice shall be fined not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) or shall be imprisoned not less than five (5) days nor more than fifteen (15) days, or shall be both fined and imprisoned.
C. In order further to prevent the rental or sale of the housing accommodations or land in violation of this ordinance, the Town Attorney or legal representative may seek from a court of competent jurisdiction a temporary injunction or restraining order to prevent the disposition of the premises to other than the complainant during the pendency of the complaint alleging discrimination.
§ 26-7. Severability. back to top
The invalidity of any section, paragraph, sentence, clause, word or provision of this ordinance shall not invalidate any other section, paragraph, sentence, clause, word or provision thereof.
§ 26-8. When effective. back to top
This ordinance shall take effect June 1, 1968.