City of Buffalo
Fair Housing Law
A guide to knowing
your rights
City of Buffalo
Byron W. Brown, Mayor
65 Niagara Square, 201 City Hall
Buffalo, New York 14202
www.buffalony.gov
(716) 851-4212
City of Buffalo Fair Housing Information
In May 2006, the City of Buffalo adopted the Fair Housing Ordinance to continue my administration’s efforts to revitalize and strengthen the city’s diverse neighborhoods through the protection of the rights of its citizens to equal access to housing. This ordinance not only provides the city with the means to protect individual citizens from discrimination but also helps prevent the decline in property values and ensure housing choices for all residents.
The city also partners with the United States Department of Housing and Urban Development to ensure that landlords, property managers and owners are aware of the federal requirements under Title VII of the Civil Rights Act of 1964 (the Fair Housing Act).
Our city is stronger where equal access to housing is available to all our citizens. It is my administrations goal to promote and protect that right for all people in our great city.
Mayor Byron W. Brown
TABLE OF CONTENTS
1. INTENT Page 4
2. DEFINITIONS Page 4
3. THE RIGHTS OF LANDLORDS Page 6
4. PROMOTION OF FAIR HOUSING GOALS Page 7
5. NOTIFICATION TO MULTIPLE
DWELLING OWNERS Page 8
6. UNLAWFUL DISCRIMINATORY PRACTICES Page 8
7. EXEMPTIONS Page 11
8. ENFORCEMENT Page 12
9. PENALTIES Page 13
10. CONTACT Page 14
1. INTENT
It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The city finds it necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property values yet ensure housing choices for all residents.
2. DEFINITIONS
a) Advertising - printing, circulating, placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which maintains a referral list of available housing.
b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities, or a record of having such an impairment; or a condition regarded by others as such an impairment; or an association with a person with such an impairment.
c) Familial Status - any person who is pregnant or has a child or is in the process of obtaining legal custody of an individual who has not yet attained the age of eighteen (18) years; or one or more individuals who have not attained the age of eighteen years domiciled with a parent or another person having legal custody of such individual or the designee thereof.
d) Gender Identity and Expression - shall include a person’s actual or perceived gender, as well as a person’s gender identity, self-image, appearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different than traditionally associated with the person’s sex at birth.
e) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living quarters.
f) Landlord - an owner, lessor, sub-lessor, owner’s or lessor’s assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof.
g) Marital Status - single, married, divorced, separated or widowed.
h) Military Status - a person’s participation in the United States military or the military of a state.
i) National Origin - ancestry.
j) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives.
k) Rent - to lease, sub-lease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant.
l) Sexual Orientation - a person's actual or perceived homosexuality, heterosexuality, or bisexuality.
m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such as Section 8 or other housing subsidies.
n) Therapy Dog or Cat - any dog or cat that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes, personal residents, and other settings and is actually used for such purpose, or any dog or cat during the period such dog or cat is being trained or bred for such purpose.
3. THE RIGHTS OF LANDLORDS
A landlord may refuse to rent a housing accommodation to a person if one or more of the following conditions are met:
a) The person’s source of income is unstable, or insufficient to pay the rent or the source of said income is from an unlawful source; or
b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months; or
c) The person has been the source of past complaints from neighbors in any of the preceding eighteen months, except where those complaints can be reasonably attributed to harassment or discriminatory intent; or
d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law; or
e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants.
4. PROMOTION OF FAIR HOUSING GOALS
All landlords owning more than twenty (20) rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than twenty (20) residential housing accommodations within a calendar year, shall be required to use the equal opportunity logo or a statement of equal opportunity housing on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity in housing.
5. NOTIFICATION TO MULTIPLE DWELLING OWNERS
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code §129-6 shall also complete a certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
6. UNLAWFUL DISCRIMINATORY PRACTICES
It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following:
a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of age, color, creed, disability, familial status, gender identity and expression, marital status, military status, national origin, race, sex, sexual orientation, source of income or use of therapy dog or cat.
b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of age, color, creed, disability, familial status, gender identity and expression, marital status, military status, national origin, race, sex, sexual orientation, source of income or use of therapy dog or cat.
c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to age, color, creed, disability, familial status, gender identity and expression, marital status, military status, national origin, race, sex, sexual orientation, source of income or use of therapy dog or cat.
d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular age, color, creed, disability, familial status, gender identity and expression, marital status, military status, national origin, race, sex, sexual orientation, source of income or use of therapy dog or cat.
e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enjoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services, which may be necessary to afford a person with disabilities equal opportunity to use and enjoy the housing accommodation.
f) To incite, compel or coerce the doing of any acts forbidden by this law or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this law.
g) For any bank , savings or loan association, insurance company or other entity whose business consists in whole or in part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of age, color, creed, disability, familial status, gender identity and expression, marital status, military status, national origin, race, sex, sexual orientation, source of income or use of therapy dog or cat.
7. EXEMPTIONS
The provisions of this law shall apply to all housing accommodations within the city of Buffalo as well as land zoned for residential uses except the following:
a) The rental of a housing accommodation on a parcel that contains housing accommodations for not more than three households living independently if the owner resides in one of the dwelling units; or the rental of a housing accommodation on a parcel that contains more than one residential dwelling in which no dwelling is for no more than three households or less living independently if the owner resides in one of the dwelling units;
b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex;
c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice; and
d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status only.
8. ENFORCEMENT
a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and/or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints.
b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one (1) year from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer.
c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer’s notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct.
d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he/she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and/or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements.
e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party and refer the matter as detailed in section Penalties, below.
9. PENALTIES
Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may:
a) Request the City’s Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties:
1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense; and/or
2) Revocation or suspension of any license or permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter; and/or
3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and/or
4) Such other relief directed by a court of appropriate jurisdiction; and/or
b) Request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates the fair housing laws.
10. IF YOU HAVE QUESTIONS, CONTACT:
Harold S. Cardwell, Jr., Fair Housing Officer
City of Buffalo Urban Renewal Agency
65 Niagara Square, 920 City Hall
Buffalo, New York 14202
716-851-4212
hcardwelljr@city-buffalo.com
www.buffalourbanrenewal.com
Rev. Feb, 2018
