The Town of Hamburg has once again demonstrated its commitment to fighting discrimination by amending the fair housing portion of the Town Code. The newly amended code expands protections against housing discrimination, clarifies enforcement procedures, and increases the penalty for violations of the fair housing law from $500 to $5000 for a first offence. Repeat offenders could face up to $10,000 in penalties and non-compliance with agreements could result in prosecution by the Town Attorney and revocation of licenses and permits.
Since 1990, the Town of Hamburg has contracted with HOME to provide fair housing services within the Town. One of only two municipalities in Erie County to have enacted its own fair housing ordinance, Hamburg recently called on HOME to conduct a study of current impediments to fair housing within its boundaries.
The study commended the Town for its proactive approach to fair housing and recommended some modifications to its 1986 fair housing law to make it more consistent with subsequent changes to state and federal laws. Additionally, the agency recommended clarification of the law’s enforcement procedures and affirmative action on the part of the Town’s larger housing providers.
The Town’s fair housing ordinance was passed two years prior to 1988 when amendments to the national Fair Housing Act added “handicap” and “familial status” to the list of federally protected classes. Yet the Town’s groundbreaking ordinance included these protections and added the additional prohibition against discrimination on the basis of lawful source of income. Recent amendments also add “sexual orientation” which was added to the New York State Human Rights Law in 2002. The statue also makes explicit that “source of income” includes “source of rent payment from lawful sources.” Source of income protection continues to significantly increase housing opportunities within the Town.
The recent amendments also clarify the protections afforded to persons with disabilities. Using language found in both Federal and State fair housing laws, the Town Code now makes it illegal to deny a request for a reasonable accommodation or reasonable modification that would enable a person with a disability to have equal enjoyment of a dwelling The scope of the statute was also expanded by including. land zoned for residential structures as well as existing housing units.
HOME further recommended expanding the scope of fair housing protections by modifying an exemption under the law to exclude only owner-occupied doubles rented without the use of advertising. (Because of the Civil Rights Act of 1866, there are never exceptions to the prohibition against racial discrimination in housing.)
In keeping with its long standing policy to provide fair housing throughout the town, Hamburg lawmakers also added some proactive measures to the Town Code. Housing providers and real estate brokers who sell or rent 20 or more units a year will formulate affirmative marketing plans. The plans must include a statement of non-discrimination and demonstrate that marketing will reach a diverse audience. They are now also required to use an equal opportunity logo on all applications and display a public notice that they support equal housing opportunities.
Councilwoman Joan Kesner, liaison to the Community Development Office, was pleased with the expanded protections. "The Town of Hamburg respects the new changes and all laws that will provide fair housing opportunities to all of our citizens," she said.
