[HISTORY: Adopted by the Town Board of the Town of New Castle 6-24-1969 by L.L. No. 3-1969. Amendments noted where applicable.]
The Town Board of the Town of New Castle recognizes herewith that any act of discrimination because of race, creed, color or national origin in the sale, purchase, lease or rental of, or the obtaining of financing for, housing accommodations threatens and undermines the fundamental rights and privileges of the citizens of the Town of New Castle and, therefore, declares it to be the public policy of the Town of New Castle to prohibit and prevent any discriminatory acts in the manner hereinafter set forth in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Shall not apply to discrimination as to sex.
- HOUSING ACCOMMODATION
- Any place in which human habitation is permitted by the town.
- NATIONAL ORIGIN
- Includes ancestry.
- Includes one or more individuals, partnerships, associations, corporations, legal representatives and successors. The plural shall include the singular, and vice versa.
- TOWN ATTORNEY
- Includes Town Attorney, Deputy Town Attorney and Assistant Town Attorneys.
- TOWN OF NEW CASTLE
- All of the land within said town outside the Incorporated Village of Mount Kisco.
No person or agent acting on behalf of another shall:
Refuse to sell, rent or lease any housing accommodation or any facilities of any housing accommodations or land in the Town of New Castle 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 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 or national origin of such person or persons.
Discriminate against any person because of his race, creed, color or national origin in the terms, conditions or privileges of the sale, rental or lease of any housing accommodations or in the furnishing of facilities or services in connection therewith.
Print or circulate or cause to be printed or circulated any statement, listing, 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 of inquiry in connection with the prospective purchase, rental or lease of any housing accommodation or land, which expresses or records, directly or indirectly, any limitation, specification or discrimination as to race, creed, color or national origin or any intent to make any such limitation, specification or discrimination in the sale, lease or rental of any housing accommodation.
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 New Castle (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 New Castle shall:
Discriminate against any such applicant or applicants because of the race, creed, color or national origin of such applicant or applicants or of any member, stockholder, director, officer or employee of such applicant or applicants or of the prospective occupants or tenants of such housing accommodation or land in the granting, withholding, extending or renewing or in the fixing of the rates, terms or conditions of any such financial assistance.
Use any form or application for such financial assistance or make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination because of race, creed, color or national origin.
No person shall aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter, or attempt to do so.
No person engaged in any activity to which this chapter applies shall retaliate or discriminate against any person because such person has opposed any practices forbidden under this chapter or because such person has filed a complaint or testified or assisted in any proceeding under the chapter.
Within 30 days after the alleged occurrence of a prohibited act as hereinbefore defined, any person claiming to be aggrieved by another person's having engaged in one of the said prohibited acts may file with the Town Attorney a verified complaint, in writing, which shall state the name and address of the property owner, the address of the property involved, the name and address of the individual, agent or lending institution which allegedly engaged in one of the prohibited acts and a detailed statement describing the alleged prohibited act; and upon receiving a verified complaint, the Town Attorney, on behalf of the Town of New Castle, after due notice to the person complained against and after such investigation as he deems appropriate, may seek the imposition of a fine, as hereinafter provided, for any violation of this chapter.
If authorized by the Town Board, the Town Attorney shall promptly apply to a court of competent jurisdiction for a restraining order or temporary injunction, or both, to compel compliance with or prevent a breach of this chapter.
Notwithstanding any other provision of this chapter, a person who claims to be aggrieved by an alleged occurrence of a prohibited act shall have a cause of action in any court of appropriate jurisdiction to compel compliance with or prevent a breach of this chapter; provided, however, that any such action must be brought within 60 days after the alleged violation and notice thereof must be given to the Town Attorney.
Any person who shall violate any of the provisions of § 78-3 of this chapter shall for each and every offense be deemed guilty of a violation and, upon conviction thereof, shall be fined not less than $100 nor more than $250 or shall be imprisoned not fewer than five days nor more than 15 days, or may be both fined and imprisoned.
Any person who sells or rents a housing accommodation or land in question to anyone other than the complainant after notice that a complaint of discrimination has been filed with the Town Attorney against such person shall, upon conviction of a violation of this chapter with respect to such complaint, be deemed guilty of a further violation of this chapter and, upon conviction therefor, shall be fined not less than $100 nor more than $250 or shall be imprisoned not fewer than five days nor more than 15 days, or may be both fined and imprisoned.
A record of conviction hereunder shall be deemed prima facie evidence of a prohibited act hereunder and used as such in any proceeding for additional injunctive or other relief in any court of competent jurisdiction.
In order to prevent the involvement of innocent third parties in the rental or sale of housing accommodations or land during the period after a complaint is filed but before an order or injunction is obtained, the Town Attorney may post for 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 $100 nor more than $250 or shall be imprisoned not fewer than five days nor more than 15 days, or shall be both fined and imprisoned.
In order further to prevent the rental or sale of the housing accommodations or land in violation of this chapter, 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.