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This chapter shall not apply to:
(A) A religious organization, association or society, or any non-profit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society, which limits the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purpose to persons of the same religion, or which gives preference to those persons, unless membership in that religion is restricted on account of race, color, sex or national origin;
(B) A private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of those lodgings to its members or gives preference to its members;
(C) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of those living quarters as his or her residence; or
(D) Any single-family house sold or rented by an owner; provided that, the private individual owner does not own more than three such single-family houses at any one time; provided further that, in the case of the sale of any single-family house by a private individual owner not residing in that house at the time of prior to the sale, the exemption granted by this division (D) shall apply only with respect to one such sale within any 24-month period; provided further that, the bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three single-family houses at any one time; and, provided further, the sale or rental of any single- family house shall be excepted from the application of this chapter only if that house is sold or rented:
(1) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of these types of facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and
(2) Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 U.S.C. § 3604(c) or of § 93.04 of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other professional assistance as necessary to perfect or transfer the title.
(Ord. passed 10-1-1979) Penalty, see § 93.99
It shall be no defense to a violation of this chapter by a real estate owner or operator, real estate broker, real estate salesperson, financial institution or other person subject to the provisions of this chapter, that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter.
(Ord. -, passed 10-1-1979)
(A) Any person who claims to have been injured by an unlawful housing practice or who believes that he or she will be irrevocably injured by an unlawful housing practice that is about to occur may file a complaint with the town.
(B) All complaints shall be filed within 180 days after the alleged unlawful housing practice occurred. Complaints shall be in writing and shall state the facts upon which allegations of a violation of this chapter are based. The respondent may file an answer to the complaint. Both complaint and answer may be amended.
(C) Upon receipt of a complaint, either from the complainant or the Secretary of HUD, the town shall designate an agent to investigate the matter, to notify the person(s) who allegedly committed or is about to commit the alleged unlawful housing practice, and to seek to conciliate the alleged violation.
(D) If the town is unable to resolve the alleged discrimination within 30 days, the complainant may file or request the town to file the complaint with the Secretary of HUD pursuant to the Civil Rights Act of 1968, Title VIII, being 42 U.S.C. §§ 3601 et seq. and may commence a civil action in the General Court of Justice for enforcement of this chapter.
(Ord. passed 10-1-1979) Penalty, see § 93.99
(A) The town may sue in a civil act through the General Court of Justice for appropriate remedies to enforce the provisions of this chapter, including temporary restraining orders and mandatory and prohibitory injunctions.
(B) In addition to appropriate civil and equitable remedies for enforcement of this chapter, an offender may be subjected to criminal prosecution for violation of this chapter.
(Ord. passed 10-1-1979) Penalty, see § 93.99