[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983
by L.L. No. 2-1983 as Ch. IXC of the 1983 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Housing — See Ch. 231.
It is hereby ordained and directed that the City of Albany by this chapter
adopts and establishes an Office of Fair Housing and establishes a fair housing
policy. The purpose, policy, duties and procedures to be followed by the City
of Albany under this Fair Housing Ordinance are set forth below.
[Amended 6-1-1998 by Ord.
No. 27.41.98]
[Amended 6-1-1998 by Ord.
No. 27.41.98]
All such definitions of the Human Rights Law of the State of New York,
as amended,[1] or Article III of Chapter 48 of this Code, as pertain to fair housing are hereby restated by the City as the provisions of this chapter.
[1]
Editor's Note: See Article 15 of the New York State Executive Law.
[Amended 6-1-1998 by Ord.
No. 27.41.98]
All such unlawful discriminatory practices contained in the Human Rights
Law of the State of New York, as amended,[1] and §§ 296 and 296-a,[2] or Article III of Chapter 48 of this Code, as pertaining to fair housing are hereby restated by the City of Albany as the provisions of this chapter. All such procedures as delineated within §§ 296 and 296-a as pertaining to fair housing are hereby replaced by the provisions set forth in § 187-7 of this chapter.
There is hereby established a Fair Housing Office, which is designated
to administer this chapter. The head of such Office shall be appointed by
the Mayor of the City of Albany and shall hereinafter be called the "Fair
Housing Officer of the City of Albany."
The Fair Housing Office, by and through the Fair Housing Officer, shall
have the following functions, powers and duties:
A.
To establish and maintain a principal office within the
City as may be necessary.
B.
To function at any place within the City of Albany.
C.
To employ such personnel as may be necessary to effectively
carry out its powers and duties.
D.
Upon request, to obtain and utilize the services of all
governmental departments and agencies.
E.
To formulate policies to effectuate the purposes of this
chapter and to make recommendations to agencies and officers of the City of
Albany in aid of such policies and purposes.
F.
To receive and investigate complaints alleging violations
of this chapter.
G.
To develop human rights plans and policies for the City and to assist in their execution; to make investigations and studies appropriate to effectuate this chapter; to inform persons of the rights assured and remedies provided under this chapter; to promote goodwill; to review and approve, prior to publication, any form, brochure, application or publication issued or utilized by any City agency or department which contains a statement on nondiscriminatory practices to assure that such statement is in conformance with the provisions of this chapter and Article III of Chapter 48 of this Code; and to minimize or eliminate discrimination.
[Amended 6-1-1998 by Ord.
No. 27.41.98]
H.
To render each year to the Mayor and to the Common Council
a written report of all of its activities and of its recommendations.
I.
To furnish any person with such technical assistance
that the Office deems appropriate to further compliance with the purposes
or provisions of this chapter.
J.
Such other powers and duties described hereinafter and
as may be designated by the Mayor or otherwise authorized by the Common Council.
[Amended 7-21-1986]
A.
Any person claiming to be aggrieved by an unlawful discriminatory
practice may, by himself or by his attorney, make, sign and file with the
Office a verified complaint, which shall state the name and address of the
person or persons alleged to have committed the unlawful discriminatory practice
complained of and which shall set forth the particulars thereof and contain
such other information as may be requested by the Office.
B.
After the filing of the complaint, the Office shall make
a prompt investigation in connection therewith.
C.
In connection with the filing of a complaint, the Office
is authorized to issue subpoenas to require the attendance of witnesses and
production of documents as are reasonably necessary for the furtherance of
the investigation.
D.
If, in the judgment of the Office, the circumstances
so warrant, it may, at any time after the filing of the complaint, endeavor
to eliminate such discriminatory practice by conference, conciliation and
persuasion.
E.
If the Office, in its discretion, finds it is not feasible
to eliminate such unlawful practices by conference, conciliation or persuasion,
the Office may report the complaint to the New York State Division of Human
Rights under Article 15 of the Executive Law; or, in the alternative, the
Office may cause to be issued and served a written notice, together with a
copy of the complaint, requiring the person to answer the charges at a hearing
at a time and place to be specified in the notice.
F.
If, upon all evidence at the hearing, the Office finds
that the person has engaged in any unlawful discriminatory practice, the Office
shall state its finding of fact and shall issue and cause to be served on
the person an order requiring the person to cease and desist from such unlawful
practices and to take such affirmative action which, in the judgment of the
Office, will effectuate the purposes of this chapter, including but not limited
to an order directing the person to extend full, equal and unsegregated accommodations,
advantages, facilities and privileges to all persons.
G.
Nothing contained in this chapter shall be construed
so as to limit or prohibit investigation by any other governmental unit of
competent jurisdiction, nor shall anything contained herein limit any aggrieved
party from pursuing any remedy available therefrom. In the event of such a
situation, the Office is hereby empowered to place any and all of its material
obtained through the investigation at the disposal of such other governmental
unit.
In the event that any person fails to comply with the provisions of
this chapter, the Corporation Counsel shall conduct all legal proceedings
instituted for the enforcement of the preceding sections of this chapter or
the recovery of any penalty.
[Added 7-21-1986; amended 5-19-2008
by Ord. No. 25.42.08]
Any person who shall willfully resist, prevent, impede or interfere
with the Office or any of its employees or representatives in the performance
of duty pursuant to the provisions of this chapter or who shall fail to comply
with the provisions of this chapter shall be guilty of a violation punishable
by a fine which shall not exceed $300 in amount or by imprisonment not exceeding
15 days, or both.
[Amended 7-21-1986]
If any part of this chapter or its application to any person or circumstances
is adjudged by a court to be invalid or ineffectual, such judgment shall not
affect the remainder of the chapter or its application to any other person
or circumstance. This chapter shall supersede all laws inconsistent with it
to the extent of such inconsistency, but in all other respects shall be deemed
supplemental to such laws.
[Amended 7-21-1986]
This chapter shall be effective upon final passage.
