[HISTORY: Adopted by the Village Council
of the Village of New Haven 1-8-1980 by Ord. No. 170. Amendments noted where
applicable.]
This chapter shall be known as the “Village
of New Haven Fair Housing Ordinance.”
As used in this chapter, the following terms
shall have the meanings indicated:
Includes improved or unimproved real property, or a part
thereof, which is used or occupied, or is intended, arranged, or designed
to be used or occupied, as the home or residence of one or more persons.
A person, whether licensed or not, who, for or with the expectation
of receiving a consideration, lists, sells, purchases, exchanges,
rents, or leases real property; who negotiates or attempts to negotiate
any of those activities; who holds himself out as engaged in those
activities; who negotiates or attempts to negotiate a loan secured
or to be secured by a mortgage or other encumbrance upon real property;
who is engaged in the business of listing real property in a publication;
or a person employed by or acting on behalf of a real estate broker
or salesman.
The sale, exchange, rental, or lease of real property, or
an interest therein.
Includes a building, structure, mobile home, real estate,
land, mobile home park, trailer park, tenement, leasehold, or an interest
in a real estate cooperative or condominium.
A.
A person engaging in a real estate transaction, or
a real estate broker or salesman, shall not, on the basis of the religion,
race, color, national origin, age, sex, or marital status of a person
or a person residing with that person:
(1)
Refuse to engage in a real estate transaction with
a person.
(2)
Discriminate against a person in the terms, conditions,
or privileges of a real estate transaction or in the furnishing of
facilities or services in connection therewith.
(3)
Refuse to receive from a person or transmit to a person
a bona fide offer to engage in a real estate transaction.
(4)
Refuse to negotiate for a real estate transaction
with a person.
(5)
Represent to a person that real property is not available
for inspection, sale, rental, or lease when in fact it is so available,
or knowingly fail to bring a property listing to a person's attention,
or refuse to permit a person to inspect real property.
(6)
Print, circulate, post, mail, or otherwise cause to
be published a statement, advertisement, notice, or sign, or use a
form of application for a real estate transaction, or make a record
of inquiry in connection with a prospective real estate transaction,
which indicates, directly or indirectly, an intent to make a preference,
limitation, specification or discrimination with respect thereto.
(7)
Offer, solicit, accept, use, or retain a listing of
real property with the understanding that a person may be discriminated
against in a real estate transaction or in the furnishing of facilities
or services in connection therewith.
A.
Section 243-3 shall not apply:
(1)
To the rental of a housing accommodation in a building
which contains housing accommodations for not more than two families
living independently of each other if the owner or a member of the
owner's immediate family resides in one of the housing accommodations,
or to the rental of a room or rooms in a single-family dwelling by
a person if the lessor or a member of the lessor's immediate family
resides therein.
(2)
To the rental of a housing accommodation for not more
than 12 months by the owner or lessor where it was occupied by him
and maintained as his home for at least three months immediately preceding
occupancy by the tenant and is temporarily vacated while maintaining
legal residence.
(3)
With respect to the age provision only, to the sale,
rental, or lease of housing accommodations meeting the requirements
of federal, state or local housing programs for senior citizens, or
accommodations otherwise intended, advertised, designed or operated,
bona fide, for the purpose of providing housing accommodations for
persons 50 years of age or older.
C.
Information relative to the marital status of an individual
may be obtained when necessary for the preparation of a deed or other
instrument of conveyance.
A.
A person to whom application is made for financial
assistance or financing in connection with a real estate transaction
or in connection with the construction, rehabilitation, repair, maintenance,
or improvement of real property, or a representative of that person,
shall not:
(1)
Discriminate against the applicant because of the
religion, race, color, national origin, age, sex, or marital status
of the applicant or a person residing with the applicant.
(2)
Use a form of application for financial assistance
or financing or make or keep a record or inquiry in connection with
an application for financial assistance or financing which indicates,
directly or indirectly, a preference, limitation, specification, or
discrimination as to the religion, race, color, national origin, age,
sex, or marital status of the applicant or a person residing with
the applicant.
B.
Subsection A(2) shall not apply to a form of application for financial assistance prescribed for the use of a lender regulated as a mortgagee under the National Housing Act, as amended, 12 U.S.C. Sections 1701 to 1750g (Supp. 1973), or by a regulatory board or officer acting under the statutory authority of this state or the United States.
A.
A condition, restriction, or prohibition, including
a right of entry or possibility of reverter, which directly or indirectly
limits the use or occupancy of real property on the basis of religion,
race, color, national origin, age, sex, or marital status is void,
except a limitation of use on the basis of religion relating to real
property held by a religious institution or organization or by a religious
or charitable organization operated, supervised, or controlled by
a religious institution or organization, and used for religious or
charitable purposes.
B.
A person shall not insert in a written instrument
relating to real property a provision that is void under this section
or honor such a provision in the chain of title.
C.
A person shall not represent, for the purpose of inducing
a real estate transaction from which the person may benefit financially,
that a change has occurred or will or may occur in the composition
with respect to religion, race, color, national origin, age, sex,
or marital status of the owners or occupants in the block, neighborhood,
or area in which the real property is located, or represent that this
change will or may result in the lowering of property values, an increase
in criminal or antisocial behavior, or a decline in the quality of
schools in the block, neighborhood, or area in which the real property
is located.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm or corporation or other entity or anyone acting on its behalf who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. Each day that a violation is permitted to continue shall constitute a separate offense.
