(A) To secure for all people equal access to housing in all neighborhoods; and
(B) To preserve the public safety, health and welfare.
(Prior Code, § 5-701)
§ 91.02 Fair Housing Board; Duties
(A) Board created. There is hereby created a Fair Housing Board of the town, hereinafter referred to as “Board,” composed of the members of the Town Board of Trustees.
(Prior Code, § 5-704)
(B) Duties. It is the duty of the Fair Housing Board to:
(1) Initiate, receive and investigate complaints, charging unlawful housing practices;
(2) Seek conciliation of such complaints, hold hearings, make findings of fact and publish its findings of fact; and
(3) Adopt such rules and regulations as may be necessary within the limits of this chapter and carry out the purposes and provisions of this chapter.
(Prior Code, § 5-705)
§ 91.03 Prohibited Acts
It is unlawful for any person, real estate broker, real estate salesperson or agent to:
(A) Refuse to sell, lease, rent, assign or otherwise transfer the title or other interest in any housing or real property upon which residential housing is to be constructed to any person, or to discriminate in the terms or conditions of the sale, rental or leasing of any residential housing unit, because of race, color, sex, religion or national origin;
(B) Refuse to negotiate with any person for the sale, rental or leasing of any residential property, or to represent that such property is not available for inspection, sale, rental or lease when in fact it is so available, because of such person’s race, color, sex, religion or national origin;
(C) To solicit or induce, or to attempt to solicit or induce, any person owning any interest in any residential housing to sell, rent or lease, or not to sell, rent or lease, such housing to any person on the grounds of a loss of value due to the present or prospective entry into the neighborhood of a person or persons of another race, color, sex, religion or national origin, either by direct solicitation or inducement or by the purchase of other property in the neighborhood for the purpose of such inducement, or to distribute or cause to be distributed materials or make statements designed to induce a residential property owner to sell or lease his or her property due to such change in neighborhood; and
(D) To file a complaint alleging a violation of this chapter with the knowledge that such complaint is false in any material respect or to file such complaint for the sole purpose of harassment.
(Prior Code, § 5-702) Penalty, see § 91.99
§ 91.04 Exemptions
Nothing herein shall apply to:
(A) Any religious organization, association, society or private club, or a religious nonprofit organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale or rental of dwelling units owned and operated for other than a commercial purpose;
(B) Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses and was not the most recent resident of the house prior to the sale, with the exception granted to one such sale within a 24-month period, and provided further that such owner does not own or retain in his or her behalf title to a portion of the proceeds from the sale or rental of more than three single-family houses at any one time, and provided further that such sale or rental of such single-family house shall be excepted if such house is sold or rented without the use in any manner of a sale or rental facility or an employee thereof; and
(C) Any dwelling containing living quarters occupied or intended to be occupied by not more than four families living independently of each other, and the owner actually occupies one such living quarter as his or her residence.
(Prior Code, § 5-703)
§ 91.05 Filing A Complaint
(A) Any person aggrieved by a discriminatory practice prohibited by this chapter may file with the Fair Housing Board a complaint in writing under oath. The complaint shall be signed by the person claiming to be aggrieved, shall state the name and address of the person alleged to have violated the provisions of this chapter and shall further set forth the particulars of the violation, and the complaint may include such other information as may be required by the Board.
(B) Complaints filed under this section must be filed within 30 days after the alleged violation, and failure to file within the time shall be considered a waiver of the application of this section. The Board may issue a complaint on its own initiative at any time when it is within the knowledge of the Board that a person has violated any of the provisions of this chapter.
(Prior Code, § 5-706)
§ 91.06 Investigation; Conference And Conciliation
The Board shall investigate each complaint filed with the Board and shall attempt an adjustment of the complaint by means of conference and conciliation. Sixty days shall be allowed for the purpose of investigation, conference and conciliation. Upon the determination that a complaint is not well-founded, the Board shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal. If the Board takes no action within 90 days of the filing of the complaint, then it shall be considered as a dismissed.
(Prior Code, § 5-706)
§ 91.07 Notice Of Complaint And Hearing
If conference or conciliation does not result in compliance with this chapter, then the Board shall cause to be issued and served in the name of the town a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as “respondent,” to answer the charges of the complaint at a hearing before the Board at a time and place to be specified in the notice.
(Prior Code, § 5-706)
§ 91.08 Hearing Procedures
(A) At the hearing provided for in § 91.07 of this chapter, the complaint shall be heard by the Board. At the hearing, the complainant or person aggrieved may appear in person and by counsel, and the respondent may file a written answer to the complaint and may appear in person or by legal counsel. The Board, when conducting any hearing pursuant to this action, may permit amendments to any complaint or answer, and the testimony taken at the hearing shall be under oath and shall be transcribed at the request of either party or at the direction of the Board.
(B) If the Board finds at the hearing that the respondent has engaged in any discriminatory practice or practices prohibited by this chapter, then it shall state its findings of fact and shall so certify the matter to the Town Attorney for appropriate action. No prosecution shall be brought under this section except upon such certification. If the Board, upon hearing, finds that the respondent has not engaged in any discriminatory practice, then it shall state its findings of fact and shall issue and file an order dismissing the complaint.
(C) The Board shall establish rules and regulations to govern, expedite and effectuate the foregoing procedure and shall maintain the files provided for herein.
(Prior Code, § 5-706) Penalty, see § 91.99
§ 91.09 Serving Notices
Any and all notices required to be served upon any person under the provisions of this chapter may be served personally on such person or by mailing a copy thereof by certified or registered mail, with return receipt requested, to the most current business or residence address of such person.
(Prior Code, § 5-707)
§ 91.99 Penalty
(A) It is unlawful and constitutes an offense for any person to violate any of the provisions of this chapter. Any person found guilty of violating any provisions shall be deemed guilty of an offense and is subject, upon conviction, to punishment as provided in § 10.99(A) of this code. Each day that an act or omission is continued shall constitute a violation of this chapter and shall be construed as a separate offense.
(Prior Code, § 5-708)
(B) (1) Any person, firm or corporation that shall engage in any business, trade or vocation for which a license, permit, certificate or registration is required by this chapter without having a valid license, permit, certificate or certificate of registration as required, or who shall fail to do anything required by this chapter or by any code adopted by this chapter, or who shall otherwise violate any provisions of the sections in this chapter or of any code adopted by this chapter, or who shall violate any lawful regulation or order made by any of the officers provided for in this chapter, shall be guilty of an offense, and upon conviction thereof, shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 5-801)
(2) No penalty imposed by and pursuant to this chapter shall interfere with the right of the town also to apply to the proper courts of the state for a mandamus, an injunction or other appropriate action against such person, firm or corporation.