[HISTORY: Adopted by the Board of Selectmen of the Town of East Hampton 12-27-1979
(Ord. No. 10.04). Amendments noted where applicable.]
GENERAL REFERENCES
Housing Code — See Ch. 219.
It is the policy of the Town of East Hampton to safeguard all individuals
within the Town from discrimination because of race, color, religious creed,
sex, marital status, national origin, ancestry, age, present or past history
of mental disorder, mental retardation, sexual orientation, learning or physical
disability, political activity, union activity or exercise of rights protected
by the United States Constitution in connection with housing; thereby to protect
their interest in personal dignity and freedom from humiliation, to make available
to the Town their full production capacities, to secure the Town against strife
and unrest which would menace its democratic institutions and to preserve
the public safety and general welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
To cause any difference in treatment based on race, color, religious
creed, sex, marital status, national origin, ancestry, age, present or past
history of mental disorder, mental retardation, sexual orientation, learning
or physical disability, political activity, union activity or exercise of
rights protected by the United States Constitution, and includes segregation
based upon any of the foregoing categories.[1]
The person responsible for accepting and acting upon housing discrimination
complaints. The Fair Housing Officer shall be the Town Manager or a duly appointed
representative of the Town Manager.
A committee established to assist the Fair Housing Officer in the
review of housing discrimination complaints. "Review Committee" means the
Fair Housing Review Committee.
Any dwelling, housing unit, structure, or portion thereof, including
mobile manufactured homes and mobile manufactured home park lots, used or
to be used for residential purposes.[2]
Any person having or exercising the right to sell, rent, or lease
any housing accommodation.
In connection with any of the transactions set forth in this section
which affect any housing accommodation on the open market, or in connection
with any public sale, purchase, exchange, rental or lease of any housing accommodation,
it shall be a prohibited unlawful practice for a person, owner, financial
institution, real estate broker or real estate salesman, or any representative
of the above, to:
A.
Refuse to sell, purchase, exchange, rent or lease, or
otherwise deny to or withhold any housing accommodation or real estate from
a person because of his race, color, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or[1]
B.
To discriminate against a person in the terms, conditions
or privileges of the sale, financing, purchase, exchange, rental or lease
of any housing accommodation or real estate, or in the furnishing of facilities
or services in connection therewith; or
C.
To refuse to receive or transmit a bona fide offer to
sell, purchase, exchange, rent or lease any housing accommodation from or
to a person because of his race, color, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or[2]
D.
To refuse to negotiate for the sale, purchase, exchange,
rental, or lease of any housing accommodation to a person because of his race,
color, religious creed, sex, marital status, national origin, ancestry, age,
present or past history of mental disorder, mental retardation, sexual orientation,
learning or physical disability, political activity, union activity or exercise
of rights protected by the United States Constitution; or[3]
E.
To represent to a person that any housing accommodation
is not available for inspection, sale, purchase, exchange, rental or lease
when it is known to such person, owner, financial institution, real estate
broker or real estate salesman, or representatives of any of them, that, in
fact, it is so available, or to refuse to permit a person to inspect any housing
accommodation because of his race, color, religious creed, sex, marital status,
national origin, ancestry, age, present or past history of mental disorder,
mental retardation, sexual orientation, learning or physical disability, political
activity, union activity or exercise of rights protected by the United States
Constitution; or[4]
F.
To discriminate against a person by failing or refusing
to show housing accommodations which are listed for sale or rental; or
G.
To retaliate against a person because he has filed a
complaint, testified, assisted, or participated in any manner in an investigation,
proceeding, hearing or conference under this chapter by adjusting his rental,
by failing to provide proper services, or by refusing to deal with such person.
The provisions of the chapter shall not apply:
A.
To the rental or lease of any housing units in a housing
accommodation for not more than two families living independently of each
other, if the owner or members of his family reside in one of such housing
accommodations; or
B.
To the rental of a room or rooms in a housing accommodation,
if such rental is by the occupant of the housing accommodation, or by the
owner of the housing accommodation and he or members of his family reside
in such housing accommodation; or
C.
With respect to the prohibition of sex discrimination,
shall not apply to rental of sleeping accommodations provided on a temporary
or permanent basis for the exclusive use of persons of the same sex.
The administration and enforcement of this chapter shall be the responsibility
of the Fair Housing Officer, and he/she shall have full operating responsibility
for carrying out the provisions of this chapter. In addition to any powers
or duties heretofore conferred on said officer, he/she shall have the power
and duty to:
A.
Meet and exercise his/her powers at any place within
the Town of East Hampton for the purpose of implementing and administering
this chapter.
B.
Seek the advice and/or services of the Town Counsel,
if deemed necessary; and appoint and empower a Fair Housing Review Committee
to assist in effecting the purposes and provisions of this chapter.
C.
Accept gifts, or bequests, grants or other payments,
public or private, and duly recorded as such, to help finance its activities.
D.
Receive, initiate, investigate, seek to conciliate, hold
hearings on and pass upon complaints alleging violations of this chapter.
E.
Hold hearings, administer oaths and take the testimony
of any person under oath.
F.
Issue remedial orders requiring cessation of violation
of this chapter, or requiring such affirmative action as in the judgment of
the Fair Housing Officer and/or Review Committee will carry out the purposes
of this chapter, including, where appropriate, an order forbidding the sale,
transfer or leasing of any housing accommodation, or ordering the sale or
leasing of a housing accommodation to a person found to have been denied the
rights protected by this chapter.
G.
Apply to a court of competent jurisdiction for such temporary and/or permanent relief as it deems necessary, and for judicially sanctioned enforcement of any order properly issued under Subsection F.
H.
With the approval of the Town Council, adopt, promulgate,
amend and rescind rules and regulations to effectuate the purposes of this
chapter, including regulations requiring the posting of notices prepared or
approved by the Fair Housing Officer and/or Review Committee.
A.
Initiating proceedings.
(1)
Any person or persons claiming to be aggrieved by an
unlawful practice prohibited by this chapter may file a written complaint
in accordance with the rules and regulations of the Fair Housing Officer.
No complaint hereunder may be filed later than 30 days after the aggrieved
person becomes aware of the alleged unlawful practice, nor, in any event,
more than 60 days after the alleged unlawful practice occurred. Within the
above time limitations, any member of the Fair Housing Review Committee who
has reason to believe an unlawful practice has occurred may file a complaint,
naming the Committee itself or the Fair Housing Officer as the party complainant.
(2)
Anything in this chapter to the contrary notwithstanding,
in the event that any proceeding is instituted before the Connecticut Commission
on Human Rights and Opportunities growing out of substantially the same facts,
no complaint shall be acted upon by the Fair Housing Officer and/or Review
Committee, and any action already undertaken upon a complaint shall be suspended.
In the event of the institution of such a proceeding, the action of the Connecticut
Commission on Human Rights and Opportunities shall be final.
B.
Upon receipt of a complaint, the Fair Housing Officer
shall serve the complaint and a written statement setting forth the rights
of the parties and the procedures to be followed by the Fair Housing Officer
and/or Review Committee in the investigation and adjudication of the complaint
upon the person or persons charged with a violation of this chapter (hereinafter
referred to as the "respondent").
C.
Upon receipt of a complaint, the Fair Housing Officer
and/or Review Committee shall conduct a preliminary investigation of the complaint
and shall prepare a written report within 21 days after service of the complaint
on the respondent.
D.
The Fair Housing Officer and/or Review Committee shall,
within 10 days after completion of the report of the preliminary investigation,
determine whether there is probable cause to believe that an unlawful practice
has been committed.
(1)
If the Fair Housing Officer and/or Review Committee determines
that there is no such probable cause, the complaint shall be dismissed.
(2)
If the Fair Housing Officer and/or Review Committee determines
that there is such probable cause, the Fair Housing Officer and/or Review
Committee shall make an effort to eliminate the unlawful practice by conference
and conciliation, in accordance with the provisions of this chapter.
E.
Within 30 days after the Fair Housing Officer and/or
Review Committee has determined that probable cause exists, unless an order
has been issued dismissing the complaint or stating the terms of a conciliation
agreement, a hearing shall be called and held by the Fair Housing Officer
and/or Review Committee.
F.
In any proceedings under this section, the respondent
may file a written answer to the complaint and may appear at the hearing in
person or otherwise, with or without counsel, and may submit evidence and
be heard. The Fair Housing Officer and/or Review Committee, in conducting
any hearing, may permit reasonable amendments to any complaint or answer,
and any testimony taken at the hearing shall be under oath and shall be fully
transcribed, electronically or otherwise, as determined by the Fair Housing
Officer.
G.
Any endeavors or negotiations for conciliation shall
not be received in evidence, and shall be held confidential by the Fair Housing
Officer and/or Review Committee.
H.
Upon the conclusion of the hearing, the decision of the
Fair Housing Officer and/or Review Committee shall be communicated to the
complainant(s) and respondent.
I.
Proceedings may be reopened upon petition of any aggrieved
party, except that an application to reopen must be filed within 10 days of
service of the Fair Housing Officer's and/or Review Committee's
decision upon such aggrieved party; provided, however, that any order previously
entered by the Fair Housing Officer shall not be stayed by such petition except
upon decision of the Fair Housing Officer or vote of the Fair Housing Review
Committee if such Committee has been appointed.
J.
All hearings held under and pursuant to this chapter
shall be open to the public.
K.
In computing time or periods of time under this chapter,
Sundays and national and state holidays shall be excluded.
L.
All papers or pleadings required by this chapter shall
be served personally, by abode service, or by certified mail as directed by
the Fair Housing Officer.
M.
At any time after a complaint has been filed, the Fair
Housing Officer and/or Review Committee may file an action in any court of
competent jurisdiction seeking appropriate temporary relief against the respondent.
N.
At any time after a complaint has been filed, the Fair
Housing Officer and/or Review Committee may file an action in a court of competent
jurisdiction seeking such appropriate relief against any person as it may
deem necessary to prevent any change of position between the complainant(s)
and the respondent.
O.
The Fair Housing Officer and/or Review Committee may
file suit in a court of competent jurisdiction seeking enforcement of any
of its orders issued pursuant to this chapter.
Any respondent or complainant aggrieved by a final order of the Fair
Housing Officer and/or Review Committee, or any complainant aggrieved by the
dismissal of his complaint by the Fair Housing Officer and/or Review Committee,
may obtain a review of such order in a court of competent jurisdiction by
filing with the Clerk of said Court, within 30 days after service upon him
of said order, a written petition in duplicate praying that such order be
modified or set aside, and by serving a duplicate copy of the petition on
the Fair Housing Officer. The Fair Housing Officer shall then cause to be
filed in said court a certified transcript of the record in the
proceedings before it, including the pleadings, testimony and order.
A.
If the Fair Housing Officer and/or Review Committee finds
that any person has committed an unlawful practice as defined in this chapter,
it may subject such person to a fine not exceeding $100 per offense, and each
day of violation of this chapter shall be deemed a separate offense. The Fair
Housing Officer may, if such person refuses to pay the fine, file an action
in a court of competent jurisdiction for the collection thereof.
B.
If a real estate broker, a real estate salesman or an
employee thereof has failed to comply with any order issued by the Fair Housing
Officer and/or Review Committee, or has been found to have committed an unlawful
practice in violation of this chapter, the Fair Housing Officer may so notify
in writing the Real Estate Commission of the State of Connecticut.
C.
Should the Fair Housing Officer and/or Review Committee
determine at any time that a complaint filed with it alleging a violation
of this chapter was filed in bad faith, the Fair Housing Officer shall forthwith
issue an order requiring the complainant(s) to pay to the respondent the amount
of the reasonable expenses caused the respondent by the filing of said complaint,
including reasonable attorney's fees; and such order may be enforced
in the same manner as any other order issued by the Fair Housing Officer and/or
Review Committee pursuant to the provisions of this chapter.
