§ 6-7-3 ACTS EXEMPTED.

   Nothing contained herein shall apply to the following:

   (A)   To prohibit persons from giving preference to prospective buyers or tenants for reasons other than race, color, religion or national origin;

   (B)   To the sale of a dwelling which is, or was at the time when first offered for sale, the principal residence of its owner;

   (C)   To the rental of rooms in an owner-occupied residence or in a dwelling used exclusively as a rooming house;

   (D)   To the rental or leasing of a housing unit in a building containing less than four housing units; or

   (E)   To the rental or leasing of a dwelling or housing units owned by a religious or fraternal organization, or private club used and occupied for such organizational purposes.

(Prior Code, § 5-703)

§ 6-7-4 FAIR HOUSING COUNCIL CREATED.

   There is hereby created a Fair Housing Council of the town, hereinafter referred to as “Council,” composed of the members of the Town Board of Trustees. All appointments to the Council shall be the same as and run concurrently with the term of office of the Town Board of Trustees.

(Prior Code, § 5-704)

§ 6-7-5 FAIR HOUSING COUNCIL POWERS.

   The powers of the Fair Housing Council shall be as follows:

   (A)   Have the power to prescribe such rules and regulations as it shall deem necessary or expedient for the conduct and carrying out of its functions, and it shall have the power to revoke, suspend or amend any rule or regulation as administered by the Council, regardless of the manner in which prescribed;

   (B)   Seek settlement and disposition of any complaint filed with the Council by means of conferences and conciliation;

   (C)   As to investigation:

      (1)   Have the power, either by itself or by any officer or person designated for the purposes by it, to investigate and to examine or inquire into the affairs or operation of any person, firm, corporation or association within its jurisdiction; and further when so authorized by the Town Board of Trustees for the town, the council shall have the power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries; and

      (2)   For the purposes of gathering evidence on any subject, the Council shall have the power to subpoena and examine witnesses, books, papers and other effects.

   (D)   The Council shall have the authority to initiate in its name, or to receive and initiate upon the filing of formal charges, complaints against any person, firm, corporation or association violating any of the provisions of this chapter.

(Prior Code, § 5-705)

§ 6-7-6 COMPLAINT PROCEDURE.

   (A)   Any person aggrieved by discriminatory practice prohibited by this section, may file with the Fair Housing Council, a complaint in writing under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person alleged to have violated the provisions of this section, and shall further set forth the particulars of the violation, and may include such other information as may be required by the Council. 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 Council may issue a complaint on its own initiative, at any time it is within the knowledge of the Council that a person has violated any of the provisions of this section.

   (B)   The Council shall investigate each complaint filed with the Council, 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 determination that a complaint is not well founded, the Council shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal. If the Council takes no action within 90 days of the filing of the complaint, it shall be considered as dismissed.

(Prior Code, § 5-706)

§ 6-7-7 HEARING BY COUNCIL.

   (A)   If the Council is unsuccessful by means of conference or conciliation in securing compliance with this section by any person, firm, corporation or association against which a complaint has been filed, then a notice in writing shall be served upon the person complained against (hereinafter referred to as the “respondent.” Notifying the respondent of the alleged violation of the provisions of this chapter and requesting that the respondent answer charges of the complaint at a hearing before the Council.

   (B)   The Council shall give notice of any such hearing at least ten days before the date and time which such hearing has been set. Any and all notices required under the provisions of this chapter may be served personally on any person complained against, or by mailing a copy thereof by certified registered mail, with return receipt requested, to the most current business or residential address of the person.

   (C)   The notice shall contain the request for the respondent to appear at a hearing for the purposes of determining whether or not a violation of this chapter has been committed, which hearing shall be held at a certain time and place which shall be specified in the notice. The notice shall advise the respondent that upon failure to comply with the notice, the respondent shall be considered to be in violation of the provisions of this chapter.

   (D)   As to hearings by Council:

      (1)   As any such hearing, as provided for above, the complaint shall be heard by the Council. At the hearing, the respondent, person, firm, corporation or association shall appear either in person, or by counsel and shall be required to file a written answer to the complaint. The complainant or person aggrieved by the actions of the person, firm, corporation or association may also appear in person or by counsel at the hearing. The Council will then proceed to hold a hearing to determine whether the respondent has committed an act in violation of the provisions of this chapter and which act is detrimental to the health, benefit and welfare of the public, the community, and the citizens of the town;

      (2)   The Council, when conducting any hearing, shall permit both the person aggrieved and the respondent to introduce any such witnesses, evidence, testimony or exhibits as either party deems necessary and prudent. Further the Council may at such time permit amendments to any written complaint or answer as filed with the Council and all testimony taken at the hearing shall be under oath. Either party represented at the hearing shall have the right to request that the testimony be transcribed, or the testimony shall be transcribed at the direction of the Council:

         (a)   If the Council finds at any such hearing, that the respondent has engaged in discriminatory practices as prohibited by this chapter, it shall state its finding of fact in written report form and forward the report to the Town Attorney for appropriate action; or

         (b)   If the Council, upon hearing, finds that respondent has not engaged in any discriminatory practices as prohibited herein, it shall so state its findings in written form, and further shall issue and file an order dismissing the complaint.

   (E)   The Council shall have the authority and right to promulgate such rules and regulations and shall govern, expedite and assist the foregoing procedures as it deems necessary. It shall further maintain all files as provided for herein.

(Prior Code, § 5-707)

§ 6-7-8 PENALTY.

   Any person, firm or corporation or other legal entity which shall violate any of the provisions of this chapter or fails to comply therewith or with any of the requirements thereof shall be deemed guilty of an offense punishable as provided in § 1-4-1.

(Prior Code, § 5-708)