[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 8-13-1992 by L.L. No. 9-1992. Amendments noted where
applicable.]
It is the policy of the Town of North Greenbush
in the exercise of its police power for the public health, safety
and general welfare to assure that all persons have equal opportunity
for housing choices without regard to race, color, religion, sex,
handicap, family status or national origin and to prohibit all forms
of discrimination which are contrary to this objective.
A.
General. For the purpose of this chapter, certain
words or phrases herein shall be interpreted as follows: except where
the context clearly indicates otherwise, 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.
B.
DISCRIMINATORY HOUSING PRACTICE
DWELLING
FAMILY
PERSON
TO RENT
Specific words or phrases. For the purpose of this
chapter, certain terms or words herein shall be interpreted as follows:
An act that is unlawful under this chapter.
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.
Includes a single individual.
Includes any individual, corporation, partnership, association,
labor organization, legal representative, mutual company, joint-stock
company, trust, unincorporated organization, trustee, trustee in bankruptcy,
receiver or fiduciary.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
Except as exempted by this chapter, it shall
be unlawful within the Town of North Greenbush:
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, sex, handicap, family status or national
origin;
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, family status or national origin;
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, handicap, family
status 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, handicap, family status or national origin that any
dwelling is not available for inspection, sale or rental when such
dwelling is in fact so available; or
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, handicap, family status
or national origin.
It shall be unlawful within the Town of North
Greenbush to:
A.
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
B.
Discriminate against any person in the terms or conditions
of such access, membership or participation on account of race, color,
religion, sex, handicap, family status or national origin.
A.
It shall be unlawful within the Town of North Greenbush
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:
(1)
Deny a loan or other financial assistance to a person
applying therefor for the purpose of purchasing, constructing, improving,
repairing or maintaining a dwelling because of race, color, religion,
sex, handicap, family status or national origin; or
(2)
Discriminate against any person 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, handicap, family status or national origin of such person or
of any person associated with him in connection with 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.
B.
Nothing contained in this section shall impair the
scope or effectiveness of the exceptions contained in this chapter.
A.
Sales/rentals by owners.
(1)
Nothing in § 92-3 (other than Subsection C) shall apply to any single-family house sold or rented by an owner, provided that:
(a)
Such private individual owner does not own more
than three such single-family houses at one time;
(b)
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, the exception granted by this subsection shall
apply only with respect to one such sale within any twenty-four-month
period;
(c)
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; and
(d)
The sale or rental of any such single-family
house shall be excepted from the application of this chapter only
if such house is sold or rented:
[1]
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
[2]
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 92-3 of this chapter; but
[3]
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.
(2)
Nothing in § 92-3 (other than Subsection C) shall apply to 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.
(3)
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, participated
as principal in three or more transactions involving the sale or rental
of any dwelling or any interest therein;
(b)
He has, within the preceding 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.
A.
Nothing in this chapter shall prohibit a religious
organization, association or society or any nonprofit 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, sex, handicap, family
status or national origin.
B.
Nothing in this chapter shall 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 of occupancy
of such lodgings to its members or from giving preference to its members.
A.
Authority and responsibility. The Fair Housing Officer
shall have the authority and responsibility for publicizing, administering
and enforcing this chapter.
B.
Enforcement. The following procedure shall be used
when a situation is identified which might be a violation of this
chapter:
(1)
The Fair Housing Officer shall respond to all inquiries
regarding the applicability of his or her local Fair Housing Law and
all applicable state or federal laws and shall maintain documentation
of such activities detailing the source of the inquiry, the nature
of the problems identified and any actions taken.
(2)
Whenever a possible violation of the local Fair Housing
Law is identified, the Fair Housing Officer shall accept a complaint
on a Form HUD-903 and initiate an investigation, as follows:
(a)
Within two weeks after receiving a formal complaint,
the Fair Housing Officer shall conduct an investigation and, to the
extent possible, verify the circumstances involved.
(b)
The Fair Housing Officer will inform the owner,
realtor, financier or their agents or other responsible parties that
a formal complaint has been filed under the Fair Housing Law and that
an investigation is in process.
(c)
The Fair Housing Officer will attempt to resolve
the problem by discussions between the parties involved in each complaint.
If these efforts succeed and the complaint is resolved within 30 days,
the case will be held open for six months and then closed if a final
check verifies that there is no further problem or complaint regarding
that case.
(d)
If the original complaint is not resolved within
30 days, the matter will be referred to the United States Department
of Housing and Urban Development for further action under Title VIII
of the Civil Rights Act of 1968, as amended.
(3)
Where sufficient cause is found to show that the provisions
of the local Fair Housing Law have been violated, the Fair Housing
Officer may file suit against the violator in Town Court and seek
any remedies or penalties permitted by law.
C.
Penalties. Any person who has been found to be in
violation of this chapter, after trial in Town Court, may be subject
to a fine not to exceed $500 for a first offense or $1,000 for each
additional offense. For the purpose of this subsection, each separate
violation shall be deemed a separate offense.
A.
Amendment. 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.
B.
Interpretation. 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 requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or that imposing the
highest standards shall govern.
C.
Validity. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision
thereof.
D.
Short title. This chapter shall be known and may be
cited as the "North Greenbush Fair Housing Law."
E.
Effective date. This chapter shall take effect immediately
upon adoption.