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Intro. Res.
No.
2027-2006
Laid on Table 8/8/2006 Introduced by
Presiding Officer, on request of the RESOLUTION
NO. 1038 -2006,
ADOPTING LOCAL LAW NO. 51 -2006, A LOCAL LAW TO UPDATE AND
STRENGTHEN THE INVESTIGATION AND ENFORCEMENT POWERS OF THE SUFFOLK COUNTY
HUMAN RIGHTS COMMISSION AND TO ACHIEVE SUBSTANTIAL EQUIVALENCE WITH THE
FEDERAL FAIR HOUSING ACT
WHEREAS, there
was duly presented and introduced to this County Legislature at a meeting
held on August 8, 2006 a proposed local law entitled, “A LOCAL LAW TO
UPDATE AND STRENGTHEN THE INVESTIGATION AND ENFORCEMENT POWERS OF THE SUFFOLK
COUNTY HUMAN RIGHTS COMMISSION AND TO ACHIEVE SUBSTANTIAL EQUIVALENCE WITH
THE FEDERAL FAIR HOUSING ACT” now, therefore, be it
RESOLVED,
that said local law be enacted if form as follows:
LOCAL
LAW NO. 51 -2006, A
LOCAL LAW TO UPDATE AND STRENGTHEN THE INVESTIGATION AND ENFORCEMENT POWERS
OF THE
BE IT
ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows: Section 1. Legislative
Intent. The Suffolk County
Legislature hereby finds and determines that in the County of Suffolk, with
its diverse population, there is no greater danger to the health, morals,
safety, and welfare of the County and its inhabitants than the existence of
groups and individuals reflecting prejudice against one another and
antagonism to each other because of actual or perceived differences of race,
creed, color, sex, disability, religion, familial status, marital status,
sexual orientation, age, gender, or national origin. Many persons have been
compelled to live under substandard unhealthful, unsanitary, and crowded
living conditions because of discrimination and segregation in housing. The Legislature
also finds that housing segregation creates economic instability by limiting
individuals’ access to quality education, health care and job opportunities
for professionals and skilled workers, which manifests into unequal wealth
accumulation. These factors create pockets of poverty, and limit the
financial resources available to those neighborhoods. As businesses
relocate to other communities, the neighborhoods left behind lose a sustainable
tax base, to the social and economic detriment of the entire County. The Legislature
further finds and declares that acts of prejudice, intolerance, bigotry, and
discrimination which deny a person the opportunity to sell, purchase or
lease, rent, or obtain financing for the purchase or lease of housing
accommodations because of actual or perceived race, creed, color, sex,
disability, religion, familial status, marital status, sexual orientation,
age, gender, or national origin threaten the fundamental rights and
privileges of the inhabitants of the County of Suffolk and undermine the
foundations of a free democratic state and the economic stability of the
region. The Legislature
further declares it to be the public policy of the County of Suffolk to
eliminate and prevent discrimination and segregation based on actual or
perceived race, creed, color, sex, disability, religion, familial status,
marital status, sexual orientation, age, gender, or national origin and to
safeguard the right of every person to sell, purchase, lease, rent, or obtain
financing for the purchase or lease of housing accommodations without regard
to actual or perceived race, creed, color, sex, disability, religion,
familial status, marital status, sexual orientation, age, gender, or national
origin. The Legislature
also finds that housing segregation creates economic instability by limiting
access to qualify education, health care and job opportunities for
professionals and skilled workers. It creates pockets of poverty and increases
the cost of housing in all neighborhoods. It limits the availability of
housing for enterprises whose workforces reflect the efficiencies of
diversity, and this limitation reduces the County’s capacity for economic
development, to the social and economic detriment of the entire County. Therefore, the
purpose of this law is to address and eliminate such discriminatory
practices, and obtain certification by the United States Department of
Housing and Urban Development that this law is substantially equivalent to
the federal Fair Housing Act, so that the County can be eligible for federal
and State funding for enforcement and administration of this law. Section 2. Repeal. Section 89-12 of the
SUFFOLK COUNTY CODE is repealed. Section 3. Amendments. A new Section 89-12 of
the SUFFOLK COUNTY CODE is added as follows: §89-12. Unlawful discriminatory practices in the sale,
lease, or rental of real property. A.)
Definitions. The
terms defined in Section 2 of Local Law No. 14-2001 shall have the meanings
as set forth therein. For the purpose of unlawful discriminatory
practices in the sale, lease, or rental of real property, the terms defined
in Section 2 of Local Law No. 14-2001 that are not in conflict with this
section shall be applicable. To the extent that they are in conflict,
the following terms shall have the meanings set forth herein: 1. “Agent” means any person or entity, whether or not for
financial consideration, with the authority to engage in any act associated with
the offer for sale or rental of a housing accommodation on behalf of an owner
or other person or entity in control of such accommodation. The term “agent”
shall include, but not be limited to, a real estate agent or real estate
broker. 2.
“Commercial space” means
any space in a building, structure, or portion thereof which is used or
occupied or is intended, arranged or designed to be used or occupied for the
manufacture, sale, resale, processing, reprocessing, displaying, storing
handling, garaging or distribution of personal property; and any space which
is used or occupied, or is intended arranged or designed to be used or
occupied as a separate business or professional unit or office in any
building structure or portion thereof. 3. “Commission” refers to the 4. “County” means the 5. “Couple” shall encompass two individuals who reside or seek
to reside together and who have interdependence and emotional and financial
commitment to and between each other, as those terms are currently used in 9
N.Y.C.R.R. § 2204.6. 6. “Covered
entity” means a person required to comply with any provision of Section 89-12
of this chapter. 7. “Covered multifamily dwellings” means (a) buildings
consisting of 4 or more units if such buildings have one or more elevators;
and (b) ground floor units in other buildings consisting of 4 or more units. 8.
“Demonstrates” means meets
the burdens of production and persuasion. 9. The term “disability” means (a) a
physical, mental or medical impairment resulting from anatomical,
physiological, genetic or neurological conditions which prevents the exercise
of a normal bodily function or is demonstrable by medically accepted clinical
or laboratory diagnostic techniques or (b) a record of such an impairment or
(c) a condition regarded by others as such an impairment, provided, however,
that in all provisions of this article dealing with employment, the term
shall be limited to disabilities which, upon the provision of reasonable
accommodations, do not prevent the complainant from performing in a
reasonable manner the activities involved in the job or occupation sought or
held. 10. "Discrimination" means any
difference in treatment based on actual or perceived race, creed, color, sex,
gender, disability, religion, familial status, marital status, sexual
orientation, age or national origin, alienage or citizenship and shall
include segregation, except that it shall not be discrimination for any
religious or denominational institution to devote its facilities, exclusively
or primarily, to or for members of its own religion or denomination or to
give preference to such members or to make such selection as is calculated by
such institution to promote the religious principles for which it is
established or maintained, unless membership in such religion is restricted
on account of race, color, or national origin. 11. “Dwelling”
includes any building, structure, or portion thereof which is used or
occupied or is intended, arranged or designed to be used or
occupied, as the home, residence or sleeping place of one or more families,
and any vacant land which is offered for sale or lease for the construction
or location thereon of any such building, structure, or portion thereof. 12. “Familial status” means (a) any person
who is pregnant or has a child or is in the process of securing legal custody
of any individual who has not attained the age of eighteen years, or (b) one
or more individuals who have not attained the age of eighteen years being
domiciled with a parent or another person having legal custody of such
individual or individuals or the designee of such parent. 13. “Gender”
means both the biological and social characteristics of being female or male. 14. “Housing accommodation” includes any
building, structure, or portion thereof, which is used or occupied, or is
intended, arranged or designed to be used or occupied, as the home,
residence, or sleeping place of one or more human beings, and any vacant land
offered for sale or lease for the construction or location thereon of any
such buildings, structure, or portion thereof. 15. “Legislature” means the Legislature of 16. “Lending
institution” means any bank, insurance company, savings and loan association,
or any other person regularly engaged in the business of lending money or
guaranteeing loans. 17. “Marital
status,” as used in this chapter, refers both to the status of an individual
and to the status of a couple. 18. “National
origin” for the purposes of this section includes “ancestry.” 19. “Person”
includes one or more individuals, partnerships, associations, limited
liability companies, corporations of all types, legal representatives,
trustees, trustees in bankruptcy, mutual companies, joint-stock companies,
trusts, unincorporated associations, fiduciaries, or receivers. The term
“person” also includes recipients of County funding after September 1, 2007,
which recipients have entered into agreements accepting the jurisdiction of
this chapter. 20. “Protected
basis” means race, creed, color, sex, gender, disability, religion, familial
status, national origin,
alienage or citizenship, marital status, sexual orientation or age. 21. “Publicly-assisted
housing accommodations” shall include all housing accommodations within the (a) public
housing; (b) housing
constructed after July first, nineteen hundred fifty, within the (i) which
is exempt in whole or in part from taxes levied by the state or any of its
political subdivisions, (ii) which
is constructed on land sold below cost by the state or any of its political
subdivisions or any agency thereof, pursuant to the federal housing act of
nineteen hundred forty-nine, (iii) which
is constructed in whole or in part on property acquired or assembled by the
state or any of its political subdivisions or any agency thereof through the
power of condemnation or otherwise for the purpose of such construction, or (iv) for
the acquisition, construction, repair or maintenance of which the state or
any of its political subdivisions or any agency thereof supplies funds or
other financial assistance; (c) housing which is located in a multiple
dwelling, the acquisition, construction, rehabilitation, repair or
maintenance of which is, after July first, nineteen hundred fifty-five,
financed in whole or in part by a loan, whether or not secured by a mortgage,
the repayment of which is guaranteed or insured by the federal government or
any agency thereof, or the state or any of its political subdivisions or any
agency thereof, provided that such a housing accommodation shall be deemed to
be publicly assisted only during the life of such loan and such guaranty or
insurance; and (d) housing which is offered for sale by a
person who owns or otherwise controls the sale of ten or more housing
accommodations located on land that is contiguous (exclusive of public
streets), if (i) the acquisition, construction,
rehabilitation, repair or maintenance of such housing accommodations is,
after July first, nineteen hundred fifty-five, financed in whole or in part
by a loan, whether or not secured by a mortgage, the repayment of which is
guaranteed or insured by the federal government or any agency thereof, or the
state or any of its political subdivisions or any agency thereof, provided
that such a housing accommodation shall be deemed to be publicly assisted
only during the life of such loan and guaranty or insurance; or (ii) a commitment, issued by a government
agency after July first, nineteen hundred fifty-five, is outstanding that
acquisition of such housing accommodations may be financed in whole or in
part by a loan, whether or not secured by a mortgage, the repayment of which
is guaranteed or insured by the federal government or any agency thereof, or
the state or any of its political subdivisions or any agency thereof. 22. “Real estate broker,” “real estate
salesperson,” and “associate real estate broker” shall have, respectively,
the meanings of “real estate broker,” “real estate salesman,” and “associate
real estate broker” set forth in section four hundred forty of the Real
Property Law. Notwithstanding any inconsistent provision, for the
purposes of this title, a real estate broker shall be legally responsible for
any act of a real estate salesperson or associate real estate broker,
provided that: (a) in connection with the offer,
purchase, sale, rental, or lease of housing accommodations, the real estate
broker has authorized such real estate salesperson or associate real estate
broker to act on the broker’s behalf and subject to his or her direction,
supervision, or control; and (b) such violation has occurred within
the scope of the authorization described in subparagraph a. of this paragraph
25. 23. “Reasonable modification” and “reasonable
accommodation” means such modification or accommodation that shall not cause
undue hardship in the conduct of the covered entity’s business. 24. “Religious
or denominational institution” means an institution which is operated for
religious purposes or is operated, supervised or controlled by religious or
denominational organizations. 25. “Sexual
orientation” means a person’s being homosexual, bisexual or
heterosexual. 26. “Unlawful
discriminatory practice” refers to any act that is unlawful under Section
89-12(B). B. Unlawful Discriminatory Practices. 1. It shall be an unlawful
discriminatory practice: a. to refuse to sell, rent or lease any
housing accommodations, including publicly assisted housing accommodations,
and commercial space to any person, or refuse to negotiate for the sale,
rental or lease of any housing accommodation to any person, because of the
actual or perceived protected basis of such person, or to represent that any
housing accommodation is not available for inspection, sale, rental or lease
when in fact it is so available, or to otherwise deny or withhold any housing
accommodation or any facilities of any housing accommodation from any person
because of the actual or perceived protected basis of such person; b. to discriminate against any person
because of actual or perceived protected basis in the terms, conditions or
privileges of the sale, rental, or lease of any such housing accommodations
or in the furnishing of facilities or services in connection therewith; c. to discriminate against any person in
making available a residential real-estate transaction, or in the terms and
conditions of such a transaction, because of actual or perceived protected
basis of such person; d. to make print or publish any
statement, advertisement, or publications, or to use any form of application
for the purchase, rental, or lease of such housing accommodations, or to make
any record or inquiry in connection with the prospective purchase, rental, or
lease of such housing accommodations which expresses, directly or indirectly,
any limitation, specification, or discrimination with respect to actual or
perceived protected basis, or any intent to make any such limitation,
specification, or discrimination; e. to refuse to permit, at the expense of
the disabled person, reasonable modifications of existing premises occupied
or to be occupied by the person with a disability if such modifications may
be necessary to afford such person full enjoyment of the premises, except
that, in the case of a rental, the covered entity may, where it is reasonable
to do so, condition permission for a modification on a renter agreeing to
restore the interior and/or exterior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted; f. to refuse to make reasonable
accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford a person with a disability equal
opportunity to use and enjoy a dwelling; g. in connection with the design and
construction of covered multifamily dwellings for first occupancy after
January 1, 2007, to fail to design and construct those dwellings in such a
manner that: i. the public use and common use
portions of such dwellings are readily accessible to and usable by
handicapped persons; ii. all the doors designed to allow
passage into and within all premises within such dwellings are sufficiently
wide to allow passage by handicapped persons in wheelchairs; and iii. all premises within such dwellings
contain the following features of adaptive design: (A). an accessible route into and through the
dwelling; (B). light
switches, electrical outlets, thermostats, and other environmental controls
in accessible locations; (C). reinforcements in bathroom walls to
allow later installation of grab bars; and (D). usable kitchens and bathrooms such that
an individual in a wheelchair can maneuver about the space. (1) Compliance with the appropriate
requirements of the American National Standard Institute for buildings and
facilities providing accessibility and usability for physically handicapped
people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements
of clause iii. of subparagraph h. of this paragraph. (2) Nothing in subparagraphs e., f., or
g, of this section B.1. requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health or
safety of other individuals or whose tenancy would result in substantial
physical damage to the property of others. (3) The provisions of subparagraphs a.
through g. of this section B.1. shall not apply: (a) to the rental of housing
accommodations in a building which contains housing accommodations for not
more than two families if the owner or members of his family reside in one of
such housing accommodation; 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 she or
members of his or her family reside in such housing accommodation; (c) solely
with respect to age and familial status to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons sixty-two
years of age or older and the spouse of any such person, or for housing
intended and operated for occupancy by at least one person fifty-five years
of age or older per unit. In determining whether housing is intended and
operated for occupancy by persons fifty-five years of age or older, Sec.
807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair
Housing Act of 1988, as amended, shall apply. 2. It shall be an unlawful discriminatory
practice to: a. discriminate against any applicant
or applicants for financial assistance for the purchase, acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation because of actual or perceived protected basis of such
applicant or applicants or any member, stockholder, director, officer, or
employee of such applicant or applicants, or of the prospective occupants or
tenants of such housing accommodations in the granting, withholding,
extending, or in the fixing of the rates, terms or conditions of any such
financial assistance; or b. use any form or application for such
financial assistance or make any record or inquiry in connection with
applications for such financial assistance which express, directly or
indirectly, limitations, specifications, preferences, or discrimination
because of actual or perceived protected basis. 3. It shall be an unlawful discriminatory
practice to aid, abet, incite, compel, or coerce the doing of any of the acts
forbidden under this section, or attempt to do so. 4. It shall be an unlawful
discriminatory practice to retaliate or discriminate against any person in
any manner because he or she has opposed any practices forbidden under this
section or because he has filed a complaint, testified, or assisted in any
proceeding under this section. 5. It shall be an unlawful
discriminatory practice to coerce, intimidate, threaten, or interfere with
any person (a) in the exercise or enjoyment of, or on account of his or her
having exercised or enjoyed any right granted or protected by this section.;
or (b) on account of his or her having aided or encouraged any other person
in the exercise or enjoyment of any right granted or protected by this
section; or because of the protected basis of a person with whom such person
has or is perceived to have a relationship or association. 6. It shall
be an unlawful discriminatory practice to violate the terms of any
conciliation agreement entered into pursuant to section C. 5., below. 7. It shall be an unlawful
discriminatory practice, for profit, 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 protected class. C. Administrative Enforcement. 1. Complaint. a. Any person aggrieved by an unlawful
discriminatory practice may, by himself or herself or by such person's
attorney, make, sign and file with the Commission a verified complaint in
writing which shall: (i) state the name of the person alleged to have
committed the unlawful discriminatory practice complained of, and the address
of such person if known; (ii) set forth the particulars of the alleged
unlawful discriminatory; and (iii) contain such other information as may be
required by the Commission. The Commission shall acknowledge the filing of
the complaint and advise the complainant of the time limits and choice of
forums set forth in this section. b. Commission-initiated complaints. The
Commission may itself make, sign and file a verified complaint alleging that
a person has committed an unlawful discriminatory practice. c. The Commission shall serve a copy of
the complaint upon the respondent and all persons it deems to be necessary
parties and shall advise the respondent of his or her procedural rights and
obligations as set forth herein. d. The Commission shall not have jurisdiction
over any complaint that has been filed more than one year after the alleged
unlawful discriminatory practice occurred. e. The Commission shall not have
jurisdiction to entertain a complaint if: (i) the complainant has previously
initiated a civil action in a court of competent jurisdiction alleging an
unlawful discriminatory practice as defined by this section with respect to
the same grievance which is the subject of the complaint under this section,
unless such civil action has been dismissed without prejudice or withdrawn
without prejudice; or (ii) the complainant has previously filed and has an
action or proceeding before any administrative agency under any other law of
the state alleging an unlawful discriminatory practice as defined by this
section with respect to the same grievance which is the subject of the
complaint under this section; or (iii) the complainant has previously filed a
complaint with the New York State Division of Human Rights alleging an
unlawful discriminatory practice as defined by this section with respect to
the same grievance which is the subject of the complaint under this section
and a final determination has been made thereon. f. Any complaint filed pursuant to this
section may be amended pursuant to procedures prescribed by rule of the
Commission by filing such amended complaint with the Commission and serving a
copy thereof upon all parties to the proceeding. 2. Answer. a. Within ten days after a copy of the
complaint is served upon the respondent by the Commission, the respondent
shall file a written, verified answer thereto with the Commission, and the
Commission shall cause a copy of such answer to be served upon the
complainant and any necessary party. b. The respondent shall specifically
admit, deny, or explain each of the facts alleged in the complaint, unless
the respondent is without knowledge or information sufficient to form a
belief, in which case the respondent shall so state, and such statement shall
operate as a denial. c. Any allegation in the complaint not
specifically denied or explained shall be deemed admitted and shall be so
found by the Commission unless good cause to the contrary is shown. d. All affirmative defenses shall be
stated separately in the answer. e. Upon request of the respondent and
for good cause shown, the period within which an answer is required to be
filed may be extended in accordance with the rules of the Commission. f. Any necessary party may file with
the Commission a written, verified answer to the complaint, and the
Commission shall cause a copy of such answer to be served upon the
complainant, respondent and any other necessary party. g. Any answer filed pursuant to this
section may be amended pursuant to procedures prescribed by rule of the
Commission by filing such amended answer with the Commission and serving a
copy thereof upon the complainant and any necessary party to the proceeding. 3. Withdrawal of Complaints. a. A complaint filed pursuant to Section
C. 1. may be withdrawn by the complainant as of right at any time prior to a
determination of the issue of probable cause. Such a withdrawal shall be in
writing and signed by the complainant. b. Unless such complaint is withdrawn
pursuant to a conciliation agreement, the withdrawal of a complaint shall be
without prejudice:
(iii) to the commencement of a civil action
by the complainant in a court of competent jurisdiction; or (iv) to the commencement of a civil action
in a court of competent jurisdiction by the County Attorney based upon the
same facts pursuant to subparagraph 8. b. of this section C. 4. Dismissal of Complaint. a. The Commission may, in its
discretion, dismiss a complaint for administrative convenience at any time
prior to the taking of testimony at a hearing. Administrative convenience
shall include, but not be limited to, the following circumstances: (i)
Commission personnel have been unable to locate the
complainant after diligent efforts to do so; (ii)
the complainant has repeatedly failed to appear at mutually
agreed upon appointments with Commission personnel or is unable or
unwilling to meet with Commission personnel, provide requested documentation,
or to attend a hearing; (iii) relief is precluded by the respondent’s
absence or other special circumstances; (iv) the complainant’s objections to a
proposed conciliation agreement are without substance; (v) holding a hearing will not benefit
the complainant; (vi) the complainant has repeatedly engaged
in conduct which is disruptive to the orderly functioning of the Commission;
or (vii) prosecution of the complaint will not
serve the public interest. b. The Commission shall dismiss a
complaint for administrative convenience where a complainant requests that it
do so for the purpose of commencement by the complainant of a civil action in
a court of competent jurisdiction. c. In accordance with the rules of the
Commission, the Commission shall dismiss a complaint if the complaint is not
within the jurisdiction of the Commission. d. If after investigation the
Commission determines that probable cause does not exist to believe that the
respondent has engaged or is engaging in an unlawful discriminatory practice,
the Commission shall dismiss the complaint as to such respondent. e. The Commission shall promptly serve
notice upon the complainant, respondent and any necessary party of any
dismissal pursuant to this section. f. The complainant or respondent may,
within thirty days of such service, and in accordance with the rules of the
Commission, apply to the Executive Director of the Commission for review of
any dismissal pursuant to this section. Upon such application, the Executive
Director shall review such action and issue an order affirming, reversing or
modifying such determination or remanding the matter for further
investigation and action. A copy of such order shall be served upon the
complainant, respondent and any necessary party. g. All complaints administratively
dismissed pursuant to this section shall be reported in the Yearly Report of
the Human Rights Commission mandated by Chapter 89 of the Suffolk County Code
and will include: (i) the total number of cases
administratively dismissed for the reporting period; (ii) the specific protected basis of the
affected complainants; (iii) the type of violation or discriminatory
act alleged in the complaint; and (iv) the basis for dismissing the complaint
under this subsection. h. Upon dismissal of the complaint, the
Executive Director shall have the authority to refer the complaint to
the 5. Mediation and Conciliation. a. If in the judgment of the Commission
circumstances so warrant, it may at any time after the filing of a complaint
endeavor to resolve the complaint by any method of dispute resolution
prescribed by rule of the Commission including, but not limited to, mediation
and conciliation. b. Mediators shall be selected by the
Executive Director of the c. The terms of any conciliation
agreement may contain such provisions as may be agreed upon by the
Commission, the complaint and the respondent, including a provision for the
entry in court of a consent decree embodying the terms of the conciliation
agreement. d. The members of the Commission and its
staff shall not publicly disclose what transpired in the course of mediation
and conciliation efforts. e. If a conciliation agreement is
entered into, the Commission shall embody such agreement in an order and
serve a copy of such order upon all parties to the conciliation agreement.
Every conciliation agreement shall be made public except where the Commission
determines, either on its own or at the request of all parties, that
extraordinary circumstances exist that would make such disclosure contrary to
the public interest. 6. Investigation. a. Every complaint shall be investigated
in a timely, comprehensive and thorough manner, according to standards and
procedures to be adopted in rules of practice of the Commission. b. Such standards, procedures and rules
shall include a requirement that a proceedings with respect to a complaint be
commenced within 30 days of its filing, and that the investigation shall be
completed within 100 days of its filing, unless the Commission determines
that it is impracticable to do so, in which case the Commission shall be
required to notify the complainant and respondent in writing of the reasons
for not doing so. c. At the end of each investigation, the
Commission shall prepare a final investigative report containing: (i) the names and dates of contacts with
witnesses; (ii) a summary and the dates of
correspondence with the complainant and the respondent; (iii) a summary description of other
pertinent records; (iv) a summary of witness statements; and (v) answers to interrogatories. A final
investigative report may be amended if additional evidence is later
discovered. d. After the conclusion of an
investigation, the Commission shall make available on request of a
complainant or respondent a copy of the final investigative report and the
information derived from the investigation. 7. Determination of Probable Cause. a. Except in
connection with Commission-initiated complaints, which shall not require a
determination of probable cause, where the Commission determines that
probable cause exists to believe that the respondent has engaged or is
engaging in an unlawful discriminatory practice, the Commission shall issue a
written notice to complainant and respondent so stating. A determination of
probable cause is not a final order of the Commission and shall not be
administratively or judicially reviewable. b. If there is a determination of
probable cause pursuant to subparagraph a. of this paragraph 7. in relation
to a complaint, including a Commission-initiated complaint, alleging any
unlawful discriminatory practice in the sale, lease, or rental of real
property, complainant may apply to a court of appropriate jurisdiction for an
order enjoining respondent from doing or causing to be done any act that
would tend to render ineffectual any such remedial relief that may thereafter
be ordered. c. If a determination is made pursuant
to subparagraph a. of this paragraph 7. that probable cause exists, or if a
Commission-initiated complaint has been filed, the Executive Director of the
Commission shall refer the complaint to an administrative law judge, except
in a case where the Executive Director determines that: the respondent is
already under investigation by the New York State Division of Human Rights as
part of a pattern and practice or repeat offender case; the matter would
be more appropriately handled by the New York State Division of Human Rights;
or it would further the purposes of fair housing enforcement to refer the
case to the New York State Division of Human Rights. d. If a determination is made pursuant
to subparagraph a. of this paragraph 7. that probable cause exists, or if a
Commission-initiated complaint has been filed, the Executive Director of the
Commission shall serve a notice upon the complainant, respondent and any
necessary party that the complaint has been so filed. e. Notwithstanding subparagraph d. of
this paragraph 7., the Executive Director may elect to accept cases after a
determination that probable cause exists, or may decline and refer the
complaint to the New York State Division of Human Rights for further
processing. In the event that a case is declined and so referred, the
Commission shall issue a written notice to complainant and respondent so
stating and inform the complainant that s/he may file an action in a court of
appropriate jurisdiction against the respondent or apply to the New York
State Division of Human Rights for further processing of the complaint by the
State. f. The Commission shall maintain
statistics as to the number of cases processed pursuant to subparagraph .e.
of this paragraph 7. g. Nothing in this Section 89-12 shall
be interpreted to prevent the receiving or other processing of complaints in
accordance with any cooperative agreement with the 8. Election of Remedies. a. Within 20 days of the Commission’s
service of notice of probable cause pursuant to subparagraph a. of paragraph
7. above, a complainant or respondent may elect to proceed in a court of
appropriate jurisdiction. A complainant or respondent so electing shall
notify the Commission in writing of such election. b. Where an election is made pursuant to
subparagraph a. of this paragraph 8., the Executive Director may elect to
commence an action in a court of appropriate jurisdiction within 45 days
thereafter. c. If the Executive Director commences
an action in a court of appropriate jurisdiction pursuant to subparagraph b.
of this paragraph 8., the complainant shall have the right to intervene in
such action at any time. 9. Rules of Procedure. The
Commission shall adopt rules providing for hearing and pre-hearing
procedures. These rules shall include rules providing that the Commission
shall be a party to all complaints and that a complainant shall be a party if
the complainant has intervened in the manner set forth in the rules of the
Commission. These rules shall also include rules governing discovery,
sanctions for non-compliance with orders, motion practice and the issuance of
subpoenas. Wherever necessary, the Commission shall issue orders compelling
discovery. 10. Hearing. a. A hearing on the complaint shall be
held before an administrative law judge, who shall be any attorney in good
standing designated by the Commission. b. The place of any such hearing shall
be the office of the Commission or such other place as may be designated by
the Commission. Notice of the date, time and place of such hearing
shall be served upon the complainant, respondent and any necessary party. c. The case in support of the complaint
shall be presented before the Commission. The complainant may present
additional testimony and cross-examine witnesses in person or by counsel, if
the complainant shall have intervened pursuant to rules established by the Commission. d. The administrative law judge may, in
his or her discretion, permit any person who has a substantial interest in
the complaint to intervene as a party and may require the joinder of
necessary parties. e. Evidence relating to endeavors at
mediation or conciliation by, between or among the Commission, the
complainant and the respondent shall not be admissible. f. If the respondent has failed to
answer the complaint within the time period prescribed in section C.2.a.
above, the administrative law judge shall enter a default and the hearing
shall proceed to determine the evidence in support of the complaint;
provided, however, that, upon application, the administrative law judge may,
for good cause shown, open a default in answering, upon equitable terms and
conditions, including the taking of an oral answer. g. A respondent who has filed an answer
or whose default in answering has been set aside by the Commission for good
cause shown; or a necessary party; or a complainant; or other person who has
intervened pursuant to the rules of the Commission, may appear at such
hearing in person or otherwise, with or without counsel, and cross-examine
witnesses, present testimony and offer evidence. h. The hearing shall be governed by the
rules of evidence applicable in the Supreme Court of the State of i. Subsequent to the hearing and to
such briefing as the presiding Administrative Law Judge may direct, the
presiding Administrative Law Judge shall prepare a recommended decision and
order and forward that recommended decision and order, along with the record
in the case, to the Executive Director. 11. Decision and Order. a. If, upon all the evidence at the
hearing, and upon the findings of fact, conclusions of law and relief
recommended by an administrative law judge, the Executive Director shall find
that a respondent has engaged in any unlawful discriminatory practice in the
sale, lease, or rental of real property or has discriminated against any
applicant(s) for financial assistance for the purchase, acquisition,
construction, rehabilitation, repair or maintenance of any housing
accommodation because of actual or perceived protected basis of such
applicant(s), the Executive Director shall state his/her findings of fact and
conclusions of law and shall issue and cause to be served on such respondent
an order for such relief as may be appropriate. Such order shall require the
respondent to take such affirmative action as, in the judgment of the
Executive Director, will effectuate the purposes of this chapter including,
but not limited to: (i) selling, renting or leasing, or
approving the sale, rental or lease of housing accommodations or land, or an
interest therein, or the provision of credit with respect thereto, without
unlawful discrimination, if such actions are appropriate; (ii) requiring training, monitoring, or
adopting alternative policies; (iii) payment of compensatory damages to the
person aggrieved by such practice or act; and (iv) submission of reports with respect to
the manner of compliance. The
Commission may also direct the payment of civil penalties to the County in
the amounts and under circumstances described below in paragraph 12. of this
section C. The Commission may further direct the payment of a
prevailing complainant’s reasonable attorney’s and expert’s fees and costs. b. If, upon all the evidence at the
hearing, and upon the findings of fact and conclusions of law recommended by
the administrative law judge, the Executive Director shall find that a
respondent has not engaged in any such unlawful discriminatory practice, the
Executive Director shall state his/her findings of fact and conclusions of law
and shall issue and cause to be served on the complainant, respondent, and
any necessary party or any complainant who has not intervened, an order
dismissing the complaint as to such respondent. 12. Civil penalties imposed by Commission
for Unlawful Discriminatory Practices. a. Except as otherwise provided in
subparagraph b. of this paragraph 12., in addition to any of the remedies and
penalties set forth in paragraph 11., above, in any matter where the
Executive Director finds that a person has engaged in an unlawful
discriminatory practice, the Commission may impose (i) compensatory damages
to the person aggrieved by such practice; (ii) punitive damages in an amount
not to exceed ten thousand dollars to the person aggrieved by such practice; (iii)
payment to the county general fund of profits obtained by a respondent
through the commission of unlawful discriminatory acts described in this
Section 89-12; and (iv) civil fines and penalties in an amount not to exceed
fifty thousand dollars, to be paid to the county general fund by a respondent
found to have committed an unlawful discriminatory act, or not to exceed one
hundred thousand dollars to be paid to the County General Fund by a
respondent found to have committed an unlawful discriminatory act which is
found to be willful, wanton or malicious; b. A respondent that is found liable for
an unlawful discriminatory practice, may, in relation to the determination of
the appropriate amount of civil penalties to be imposed pursuant to
subparagraph a. of this paragraph, plead and prove any relevant mitigating
factor(s), including the following: (i) the establishment of and compliance
with policies, programs and procedures for the prevention and detection of
unlawful discriminatory practices by employees, agents and persons employed
as independent contractors, including but not limited to: (A) a meaningful and responsive procedure
for investigating complaints of discriminatory practices by employees, agents
and persons employed as independent contractors and for taking appropriate
action against those persons who are found to have engaged in such practices; (B) a firm policy against such practices
which is effectively communicated to employees, agents and persons employed
as independent contractors; (C) a program to educate employees and
agents about unlawful discriminatory practices under local, state, and
federal law; (D) procedures for the supervision of
employees and agents and for the oversight of persons employed as independent
contractors specifically directed at the prevention and detection of such
practices; and (ii) a record of no, or relatively few,
prior incidents of discriminatory conduct by such employee, agent or person
employed as an independent contractor or other employees, agents or persons
employed as independent contractors. c. In addition to any other penalties
or sanctions which may be imposed pursuant to any other law, any person who
knowingly makes a material false statement in any proceeding conducted, or
document or record filed with the Commission, or record required to be
preserved or made and kept and subject to inspection by the Commission
pursuant to this section shall be liable for a civil penalty in an amount up
to five thousand dollars. 13. Reopening of Proceeding by Commission. The
Commission may reopen any proceeding, or vacate or modify any order or
determination of the Commission, whenever justice so requires, in accordance
with the rules of the Commission. 14. Injunction and Temporary Restraining
Order. At
any time after the filing of a complaint with the Commission alleging an
unlawful discriminatory practice in the sale, lease, or rental of real
property, where there is reason to believe that the respondent, or any other
person acting in concert with the respondent, may do or cause to be done any
act that would tend to render ineffectual relief that could be ordered: (a) The County may commence or cause to be
commenced, a special proceeding in accordance with article sixty-three of the
civil practice law and rules for an order to show cause why the respondent
and such other persons should not be enjoined from doing or causing such acts
to be done; and (b) Where the County has obtained
injunctive relief pursuant to this paragraph, in order to prevent the
involvement of innocent third parties in the rental or sale of housing
accommodations during the pendency of the complaint, a notice may be posted
by the County in a conspicuous place on such housing accommodation stating
that such accommodation is the subject of a complaint before the Commission
and that prospective buyers or renters will take such accommodations at their
own risk, provided, however, that no such notice shall be posted where the
person charged with discrimination agrees in writing not to sell or rent such
housing accommodations during the pendency of the action or proceeding
against him or her. Any willful destruction, defacement, alteration or
removal of such notice by the owner or the agents or employees of the owner
shall be a misdemeanor punishable upon conviction by a fine of up to five
hundred dollars. (c) Nothing herein shall prevent a
complainant from applying to a court of competent jurisdiction for an
injunction, temporary or permanent, or from filing a lis pendens against the
property. 15. Judicial Review. a. Any
complainant, respondent or other person aggrieved by a final order of the
Executive Director or of the Commission issued pursuant to paragraphs C. 4.
and C. 11. above, may obtain judicial review thereof in a proceeding as
provided in this paragraph. b. Such
proceeding shall be brought in Supreme Court, c. Such
proceeding shall be initiated by the filing of a petition in such court, together
with a written transcript of the record upon the hearing before the
Commission, and the issuance and service of a notice of petition returnable
before such court. Thereupon, the court shall have jurisdiction of the
proceeding and of the questions determined therein, and shall have power to
grant such relief as it deems just and proper, and to make and enter upon the
pleadings, testimony, and proceedings set forth in such transcript an order
annulling, confirming or modifying the order of the Commission in whole or in
part. Objections not previously raised on the record before the
Commission shall not be considered by the court, unless the failure or
neglect to urge such objection shall be excused because of extraordinary
circumstances. d. The findings
of the Executive Director and the Commission as to the facts shall be
conclusive if supported by substantial evidence on the record considered as a
whole. e. An audiotape
copy of the completed testimony shall be made available by the Commission at
all reasonable times to all parties for examination without cost and for the
purposes of judicial review of the order of the Commission. f. A proceeding under this section must be instituted within
thirty days after the service of the final order of the Commission. 16. Civil Penalties for Violating Orders of
the Commission and the Executive Director. Any
person, who shall willfully resist, prevent, impede or interfere with the
Commission or any of its employees or representatives in the performance of
duty under this article, or shall willfully violate an order of the
Commission or director or a conciliation agreement, shall be liable for a
civil penalty of not more than fifty thousand dollars ($50,000) and an
additional civil penalty of not more than one thousand dollars ($1,000) per
day for each day that the violation continues. 17. Enforcement. a. Any action or proceeding that may be
appropriate or necessary for the enforcement of any order issued by the
Commission pursuant to this section, including actions to secure permanent
injunctions enjoining any acts or practices which constitute a violation of
any such order, mandating compliance with the provisions of any such order,
imposing penalties, or for such other relief as may be appropriate, may be
initiated in any court of competent jurisdiction by the County on behalf of
the Commission. In any such action or proceeding, application may be made for
a temporary restraining order or preliminary injunction, enforcing and restraining
all persons from violating any provisions of any such order, or for such
other relief as may be just and proper, until hearing and determination of
such action or proceeding and the entry of final judgment or order thereon.
The court to which such application is made may make any or all of the orders
specified, as may be required in such application, with or without notice,
and may make such other or further orders or directions as may be necessary
to render the same effect. b. In any action
or proceeding brought pursuant to subparagraph a. of this paragraph 17., no
person shall be entitled to contest the terms of the order sought to be
enforced unless that person has timely commenced a proceeding for review of
the order pursuant to paragraph 15. of this section C. c. An action or
proceeding may be commenced in any court of competent jurisdiction on behalf
of the Commission for the recovery of the civil penalties provided for in
paragraph 16. of this section C.. 18. Disposition of Civil Penalties. a. Any civil penalties recovered by the
Commission pursuant to this section shall be paid into the general fund of
the County. b. Notwithstanding the foregoing
provision, where an action or proceeding is commenced against a County agency
for the enforcement of a final order issued by the Executive Director of the
Commission pursuant to paragraph 11. of this section C. after a finding that
such agency has engaged in an unlawful discriminatory practice and in such
action or proceeding civil penalties are sought for violation of such order,
an amount equal to any civil penalties imposed against such agency shall be
appropriated in the subsequent fiscal year for any of the following purposes,
to be determined by the County Executive: (i) investigation of alleged
discriminatory practices under this law; (ii) prosecution of alleged
discriminatory practices under this law; and (iii) education programs
designed to eradicate discrimination. 19. Institution of Actions or Proceedings. Where any of the provisions of this
chapter authorize an application to be made, or an action or proceeding to be
commenced on behalf of the Commission in a court, such application may be
made or such action or proceeding may be instituted only by the County
Attorney, such attorneys that may be employed by the commission as are
designated by the county attorney or other persons designated by the county
attorney. 20. Civil Cause of Action. a. Any person
claiming to be aggrieved by an unlawful discriminatory practice as proscribed
by this section shall have a cause of action in any court of competent
jurisdiction for damages, including punitive damages, and for injunctive
relief and such other remedies as may be appropriate, unless such person has filed
a complaint with the County Commission on Human Rights or with the State
Division of Human Rights with respect to such alleged unlawful discriminatory
practice. For purposes of this paragraph, the filing of a complaint
with a federal agency pursuant to applicable federal law prohibiting
discrimination which is subsequently referred to the County Commission on
Human Rights or to the State Division of Human Rights pursuant to such law
shall not be deemed to constitute the filing of a complaint under this
subdivision. b. Notwithstanding
any inconsistent provision of subparagraph a of this paragraph, where a
complaint filed with the c. A civil action commenced under this paragraph must be
commenced within two years after the alleged unlawful discriminatory practice
occurred. Upon the filing of a complaint with the County Commission on Human
Rights or the State Division of Human Rights and during the pendency of such
complaint and any court proceeding for review of the dismissal of such
complaint, such two year limitations period shall be tolled. d. Notwithstanding
any inconsistent provision of subparagraph 20. c. above,, where a complaint
filed with the County Commission on Human Rights or State Division of Human
Rights is dismissed for administrative convenience and such dismissal is due
to the complainant's malfeasance, misfeasance or recalcitrance, the two year
limitation period on commencing a civil action pursuant to this section shall
not be tolled. e. In
any civil action commenced pursuant to this paragraph, the court, in its
discretion, may award the prevailing party costs and reasonable attorney's
fees. 21. a. Whenever there is reasonable cause
to believe that a person is engaged in pattern or practice that results in
the denial to any person of the full enjoyment of any right secured by this
section 89-12, a civil action on behalf of the Commission or the County may
be commenced in a court of competent jurisdiction, by filing a complaint
setting forth facts pertaining to such pattern or practice and requesting
such relief as may be deemed necessary to insure the full enjoyment of the
rights described in such section, including, but not limited to, injunctive
relief, damages, including punitive damages, and such other types of relief
as are deemed appropriate. Nothing in this paragraph 21. shall be
construed to prohibit (i) an aggrieved person from filing a complaint
pursuant to paragraph C. 1. or from commencing a civil action in a court of
competent jurisdiction based upon the same facts pertaining to such a pattern
or practice as are alleged in the civil action, or (ii) the Commission from
filing a Commission-initiated complaint pursuant to paragraph C. 1. alleging
a pattern or practice of discrimination, provided that a civil action
pursuant to this section shall not have previously been commenced. b. A civil action commenced under this
section 89-12 must be commenced within two years after the alleged
discriminatory practice occurred. c. Such action may be instituted only by
the 22 Chapter to be liberally construed. This
chapter shall be construed liberally for the accomplishment of its purposes. 23. Severability. If any provision of this local law
or the application of such provision to any person or circumstance shall be
held invalid by a court of competent jurisdiction, the remainder of such
local law or the application of such provision to persons or circumstances
other than those to which it is held invalid shall not be affected thereby. 24. Regulations. The Executive Director of the
Suffolk County Human Rights Commission is hereby authorized, empowered, and
directed to promulgate and issue such rules and regulations as shall be
deemed necessary to carry out the provisions of this law. Section 4. Applicability.
This law shall apply to all complaints filed with the Commission on or after
the effective date of this law. Section 5. SEQRA
Determination.
This Legislature, being the State Environmental Quality Review Act (SEQRA)
lead agency, hereby finds and determines that this law constitutes a Type II
action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK
CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section
8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of
regulations, rules, policies, procedures, and legislative decisions in
connection with continuing agency administration, management and information
collection. The Suffolk County Council on Environmental Quality (CEQ)
is hereby directed to circulate any appropriate SEQRA notices of
determination of non-applicability or non-significance in accordance with
this law. Section 6. Effective
Date.
This law shall take effect on the ninetieth (90th) day immediately
subsequent to filing in the Office of the Secretary of State. [ ]
Brackets denote deletion of existing language ___ Underlining denotes addition
of new language DATED:
September 19, 2006 APPROVED
BY: /s/
Steve Levy After
a public hearing duly held on October 3, 2006 Date: October 3, 2006 Filed with the
Secretary of State on October 30, 2006 |