[HISTORY: Adopted by the Town Board of the
Town of West Seneca 3-5-1979. Amendments noted where applicable.]
It is the policy of the Town of West Seneca
to provide for fair housing throughout said town.
As used in this chapter, the following words
shall have the meanings indicated:
A handicapped person is one who:
Shall be understood to mean single, married, divorced, separated
or widowed.
It shall be unlawful:
A.
To refuse to sell or rent or refuse to negotiate for
the sale or deny a dwelling to any person because of race, color,
religion, sex, age, marital status, handicap, national origin, source
of income or because the person has a child or children.
B.
To discriminate against any person in the terms, conditions
or provision of services or facilities in connection with the sale
or rental of a dwelling because of race, color, religion, sex, age,
marital status, handicap, national origin, source of income or because
the person has a child or children.
C.
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, age, marital status, handicap, national
origin or source of income or a person or persons with children.
D.
For a person offering residential property for sale
or rent or anyone acting on behalf of such a person to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication or to use any form of application for the sale or rental
of a dwelling or to make any record or inquiry in connection with
the sale or rental of a dwelling which expresses, directly or indirectly,
any limitation, specification or discrimination as to race, color,
religion, sex, age, marital status, handicap, national origin, source
of income or the presence of children in the family or which expresses,
directly or indirectly, any intent so to limit, specify or discriminate.
This chapter shall apply to all residential
structures located within the Town of West Seneca.
A.
The prohibitions of this chapter shall not apply to
a religious institution or organization limiting the sale, rental
or occupancy of dwellings which it owns or operates to persons of
the same religion or giving preference to such persons, unless membership
in such religion is restricted on account of race, color, sex, age,
marital status, handicap, national origin, source of income or the
presence of children in the family.
B.
The prohibitions of this chapter against discrimination
because of sex shall not apply to a residential building owned by
a public body or by a private institution or organization and maintained,
in whole or in part, for the exclusive use of one (1) sex.
C.
The prohibitions of this chapter against discrimination
because of age shall not apply to a residential building of six (6)
or more units maintained for the exclusive use of the elderly and
their immediate families. For purposes of this subsection, a person
shall be considered elderly who is sixty-two (62) years of age or
older.
A.
Filing of complaints.
(1)
The Town of West Seneca or its designee shall receive,
investigate and refer complaints under this chapter. The Supervisor
shall designate a not-for-profit fair housing organization or the
Affirmative Action Officer of the Town of West Seneca to perform the
function contained in this section.
(2)
Any person or organization, whether or not an aggrieved
party, may file with the Supervisor's designee a complaint of a violation
of this chapter.
(3)
The Supervisor's designee may investigate individual
instances and patterns of conduct prohibited by this chapter, even
without a complaint from another person or organization, and may initiate
complaints in connection therewith.
B.
Investigation. The Supervisor's designee shall notify
the accused party, in writing, within five (5) days of the filing
of any complaint. The designee shall make prompt investigation in
connection with the complaint. If, during or after the investigation,
the designee believes that appropriate action to preserve the status
quo or to prevent irreparable harm is advisable, the designee shall
advise the Town Attorney, in writing, to bring immediately, in the
name of the Town of West Seneca, any action necessary to preserve
such status quo or to prevent such harm, including the seeking of
temporary restraining orders and preliminary injunctions.
C.
Action. If, at the conclusion of the investigation,
the Supervisor's designee shall determine that there is probable cause
to credit the allegation of the complaint, the designee shall certify
the matter to the Town Attorney, who shall institute proceedings in
the name of the Town of West Seneca.
A.
Any person found to have violated any provision of
this chapter shall be subject to the following:
(1)
A fine of five hundred dollars ($500.);
(2)
Revocation or suspension of any license or permit
necessary for the operation of the dwelling in question;
(3)
Costs, expenses and disbursements incurred by the
Town of West Seneca as are necessary to obtain complete compliance
by the respondent with this chapter; and/or
(4)
Restraining orders and temporary or permanent injunctions
as are necessary to obtain complete compliance with this chapter.
B.
Each day such a violation continues shall constitute
a separate violation of this chapter.
C.
The Town Attorney may institute criminal action to
punish a violation of this chapter by imprisonment for a term not
exceeding thirty (30) days if the above proceeding does not result
in compliance with this chapter.
Any person claiming to be aggrieved by an unlawful discriminatory practice, as defined in § 71-3 of this chapter, shall have a cause of action in any court of competent jurisdiction within one (1) year from the date of occurrence for damages and such other remedies as may be appropriate. The court may:
A.
Award actual damages, including but not limited to
damages for mental anguish, embarrassment and humiliation;
B.
Award punitive damages;
C.
Award reasonable attorney's fees in the case of a
prevailing plaintiff; and/or
D.
Grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order or other order.
No bond shall be required prior to the issuance of injunctive relief.
Nothing in this chapter shall be construed to
limit the rights of the complainant to pursue, at any time prior to
or after the filing complaint, any other remedies which the complainant
may have under any law of the state, the United States or any jurisdiction.
And the pursuit of one (1) or more remedies available under this chapter
shall not preclude the pursuit of any other remedy available under
this chapter.
Immediately after the enactment of this chapter,
the Town of West Seneca shall commence educational activities which
will explain the law and help to promote the town's housing goals.
Such activities shall continue while this chapter remains in force.
Any court in which a proceeding under this chapter
is instituted shall assign the case for hearing at the earliest practicable
date and cause the case to be in every way expedited.
Nothing in this chapter shall be construed to
invalidate or limit any law of the state, the United States or any
other jurisdiction that grants, guarantees or protects the same rights
as are granted, guaranteed or protected by this chapter.
