Sec. 4-19-21. Policy. back to top
The common council hereby finds and declares it to be the public policy of the city to promote fair dealing in real estate transactions, to maintain community stability and security, and to foster racial and social harmony. This article is adopted in order to reinforce this policy and to supplement the federal and state laws pertaining to fair housing.
(Ord. of 4-7-80, § 1)
Sec. 4-19-22. Definitions. back to top
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commission means the city commission on human rights.
Discriminate means to extend differential treatment on the basis of race, creed, color, national origin, sex, handicap or marital status, and including discrimination because of the race, color, creed, national origin, sex, handicap or marital status of friends and associates.
Dwelling means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
Family includes a single individual.
Handicap includes a bodily or mental disablement which may be the result of injury, illness or congenital condition for which reasonable accommodation can be made.
Housing accommodations includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home residence or sleeping place of one or more human beings.
Human rights director means the executive director of the commission.
Lease includes sub-lease, assignment, and rental and includes any contract to do any of the foregoing.
Lending institution means any bank, insurance company, savings and loan association, other person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying or selling loans or instruments for the payment of money which are secured by title to or a security interest in real property, but shall not include any religious institution or organization nor any charitable or educational organization operated, supervised or controlled by a religious institution or organization.
Marital status includes the state of being married, single, divorced, separated or widowed and the usual conditions associated therewith, including pregnancy or parenthood.
Owner includes any person, or any one of a number of persons, in whom is vested all or any part of the legal or equitable ownership, dominion, or title to any real property.
(Ord. of 4-7-80, § 2)
Sec. 4-19-23. Prohibited acts. back to top
(a) No person which receives or expects to receive pecuniary gain from the sale or rental of real property shall:
(1) Refuse to sell, lease, rent, furnish services, or otherwise deny or withhold any housing accommodations constructed or to be constructed in the city to any person, or refuse to negotiate for the said lease or rental of housing accommodations or otherwise make unavailable to any person, by reason of the race, creed, color, national origin, sex, handicap or marital status of such person.
(2) Represent to any person that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(3) Discriminate against any person because of his race, creed, color, national origin, sex, handicap or marital status in the terms, conditions or privileges of the sale, rental or lease of any housing accommodations constructed or to be constructed.
(4) Discriminate in the furnishing of information, services or facilities to any person in connection with the sale or rental of real property because of the race, creed, color, national origin, sex, handicap or marital status of such person.
(5) Print or circulate or cause to be printed or circulated any statement, advertisement or publication, or use any form or application for the purchase, lease or rental of any housing accommodation, or make any record or inquiry in connection with the prospective purchase, lease or rental of any housing accommodations which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, handicap or marital status, or any intent to make any such limitation, specification or discrimination.
(6) Display listings or show prospective purchasers or renters units for sale or lease on the basis of race, color, national origin, sex, handicap or marital status, or display listings or show prospects units for sale or lease in areas of the city based on race, creed, color, national origin, sex, handicap or marital status.
(7) Induce a real estate transaction from which any such person may benefit financially, by representing that a change has occurred or will or may occur in the composition of the block, neighborhood or area with respect to the race, creed, color, national origin, sex, handicap or marital status of the owners or occupants in the block, neighborhood or area in which the real property is located, and to 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 physical deterioration of dwellings, the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
(b) It shall be unlawful for any real estate broker or dealer or any agent or employee of a real estate broker or dealer to influence or attempt to influence any other person who purports or represents himself to be a prospective purchaser, seller, occupant or tenant or landlord of real property to purchase, sell or rent or to refrain from purchasing or renting or selling real property by referring to the race, creed, color, national origin, sex, handicap or marital status of occupants or prospective occupants of other real property in the area.
(c) No bank, trust company, savings bank, savings and loan association or other lending institution, insurance company, finance company or financial services company, to whom application is made for financial assistance for the purchase, acquisition, construction, improvement, repair or maintenance of housing on behalf of such person shall discriminate against any applicant because of race, creed, color, national origin, sex, handicap or marital status in the granting, withholding, extending or renewing or in the fixing of the amount, interest rate, duration or other terms or conditions of any such financial assistance; nor shall any such institution refuse financial assistance because such housing accommodation lies in a particular area of the city, if real property is located within the geographic area ordinarily served by such bank or within the community within which the principal or any branch office of such bank is located. For the purpose of this section, discrimination shall include refusal to make loans, differentiating in the type or terms of loans, including interest rates, charges to buyer or seller, duration and amount of loans, influencing appraisals in connection with loans or delaying of loan applications.
(d) No person shall aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so. This section may be enforced by appropriate civil actions.
(e) No person engaged in any of the prohibited acts as hereinabove defined shall retaliate or discriminate against any person because such person has filed a complaint, testified or assisted in any proceeding under this article.
(Ord. of 4-7-80, § 3)
Sec. 4-19-24. Exceptions. back to top
(a) Nothing in this article shall be construed to apply to:
(1) 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 of such housing accommodations.
(2) The restriction of the rental of all rooms in a housing accommodation to individuals of the same sex.
(3) 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.
(b) This article shall in no manner prevent the requirement for additional structural, emergency alarm and/or fire prevention precautions as may be required by any ordinance, nor shall it be interpreted to prevent enforcement of local building code and zoning requirements and use limitations for special residence facilities, as defined by local law, nor shall this article be interpreted to allow for any unilateral change in occupancy or creation of special occupancy uses licensed or regulated by the state, without first obtaining all required permits and certificates of occupancy to ascertain full compliance with local laws and building codes.
(c) Nothing in this article shall require an owner to offer for sale or lease real property to the public at large, nor shall this article be deemed to prohibit discrimination for any reason other than race, creed, color, national origin, sex, handicap or marital status and not otherwise prohibited by law.
(Ord. of 4-7-80, § 4)
Sec. 4-19-25. Complaints.(a) Any person aggrieved in any manner by a violation of any provision of this article may file a written complaint with the human rights director. The complaint shall be addressed to the human rights director and shall state:
(1) The name and address of the complainant;
(2) The name and address of the person or persons against whom the complaint is brought, if known to the complainant;
(3) The address of the property involved;
(4) The name and address of all persons believed to have knowledge concerning the alleged violation;
(5) The facts surrounding the alleged violation of this article; and
(6) Such other information as may be required by the human rights director.
(b) Any complaint shall be barred from consideration unless it is filed with the human rights director within six (6) months after the alleged discriminatory practice has occurred. The human rights director may extend the time for filing the complaint for an additional sixty (60) days when conciliation efforts are pending.
(c) The human rights director shall serve a copy of the complaint upon the person against whom the complaint is brought personally or by certified mail within ten (10) business days of the filing of the complaint.
(d) The person or persons against whom the complaint is brought shall have ten (10) business days from receipt of the complaint, to respond to director's charges, in person at the commission office, by mail or telephone.
(e) The human rights director shall investigate the complaint and determine whether or not, in his opinion, probable cause exists for believing that the allegations made in the complaint are true.
(f) If after such investigation, the human rights director determines that probable cause does not exist to believe that the allegations made in the complaint are true, he shall dismiss the complaint and shall so notify the complainant and all other parties interested.
(g) If, after such investigation, the human rights director determines that probable cause does exist to believe that the allegations made in the complaint are true, he shall set a date for a conference and notify the parties of the time and place thereof. At such conference, the human rights director shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by conciliation.
(h) The human rights director is authorized to hold closed meetings for conciliation of complaints of discrimination brought pursuant to this article. Nothing said or done in the course of such meetings shall be made public by the human rights director, the complainant or by any other party to the proceedings without the written consent of all persons concerned.
(i) If the human rights director is unable to secure voluntary compliance or effect conciliation and if he has made a determination of the probable occurrence of one or more of the prohibited acts as hereinabove defined, the human rights director, with the concurrence of the corporation counsel, may elect any of the following procedures:
(1) Assist the complainant in the preparation and submission of a housing discrimination complaint (HUD Form 903) with the appropriate division of the United States Department of Housing and Urban Development;
(2) Assist the complainant in the preparation and submission of a complaint to the state division of human rights under Article 15 of the New York Executive Law; or
(3) Submit the complaint to the corporation counsel who, on behalf of the city may institute and maintain an action in the city court of the city to impose any fine or to enter judgment for any penalty provided for in this article.
(Ord. of 4-7-80, § 5)
Sec. 4-19-26. Penalties for violation. back to top
Any person engaging in any of the acts prohibited by this article shall, upon conviction, be liable to a fine, or a penalty payable to the city which shall not exceed five hundred dollars ($500.00) in amount for each such prohibited act.
(Ord. of 4-7-80, § 6)
Sec. 4-19-27. Prevention of multiplicity of proceedings. back to top
In order to prevent multiplicity of proceedings, the provisions of this article shall not be operative when there is pending, or where there has been a determination in, any other proceeding or action authorized under the laws or ordinances of another governmental body based upon the identical act or acts complained of.
(Ord. of 4-7-80, § 7)