[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.
Any place in which human habitation is permitted by the town.
Includes ancestry.
Includes one or more individuals, partnerships, associations,
corporations, legal representatives and successors. The plural shall
include the singular, and vice versa.
Includes Town Attorney, Deputy Town Attorney and Assistant
Town Attorneys.
All of the land within said town outside the Incorporated
Village of Mount Kisco.
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 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.
(2)
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.
(3)
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.
B.
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:
(1)
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.
(2)
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
B.
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.
C.
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.
D.
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.
