Number

15

16

17

18

19

20

1

2

3

4

1

Year

1989

1989

1989

1989

1989

1989

1990

1990

1990

1990

1991

1989 Title --

Establishing the Salary of the Infirmary Administrator

Establishing the Salary of the County Clerk

Establishing the Salary of the County Treasurer

Prohibiting the Disposal of Radioactive or Nuclear Waste Within the Boundaries of the County of Montgomery Which is Generated Outside of Said County

Establishing the 1989 Salary of the Fire Coordinator

Authorizing the County of Montgomery to Sell Lands Owned by the County of Montgomery and the County of Fulton as Joint Tenants in Trust for the Uses and Purposes of the Fulton-Montgomery Community College, to Construct a Cultural and Recreational Complex as Espoused by the Fulton-Montgomery Community College Foundation and Rescinding Local Law no. 9 of 1988

1990

Relative to the Filing of Financial Disclosure Statements by Certain County Officials and Employees and Providing for a County Code of Ethics as Authorized by Section 812 of the General Municipal Law

Authorizing a Hotel or Motel Occupancy Tax in Montgomery County and Creating a Montgomery County Occupancy Tax Advisory Board

Imposing a Surcharge on the Customers of Every Telephone Service Supplier Providing Local Exchange Service Within Montgomery County to Pay the Costs Associated with an Enhanced 911 Emergency Telephone System Serving Montgomery County

Prohibiting Discrimination on the Basis of Race, Color, Religion, Sex, Handicap, Familial Status or National Origin in the Sale, Rental, Financing, or Provision of Brokerage Services. for Housing Within the County of Montgomery

1991

Amending Local Law No. 12 of 1987 Which Had Amended Local Law No.1 of 1985 Which Had Amended Section 11 of Local Law 2 of 1956 Which Established a Plan of Self-Insurance as Provided for in Article 5 of the Workmen's Compensation Law and Providing for the Administration Thereof

Number

7

8

9

10

11

12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

Year

1988

1988

1988

1988

1988

1988

1989

1989

1989

1989

1989

1989

1989

1989

1989

1989

1989

1989

1989

1989

Title

Empowering the Montgomery County Administrator to Authorize Budgetary Transfers Between Expense Categories Within the Same Appropriation Account

Establishing the 1988 Salary for County Treasurer

Authorizing the County of Montgomery to Sell Lands Held Jointly With Fulton County in Trust for the Uses and Purposes of the Fulton-Montgomery Community College, to Construct a Cultural Complex as Espoused by the Fulton-Montgomery Community College Foundation

Establishing the Office of Part-time Public Defender

Establishing a Records Management Program for the County of . Montgomery

Establishing the 1988 Salary for County Clerk

1989

Amending Local Law No.9 of 1987 Which Established a Department of Solid Waste Management for the County of Montgomery, New York and Amending Local Law No. 3 of 1969

Establishing the Salary for the County Administrator

Establishing the 1988 Salary for the County Auditor

Establishing the 1988 Salary for the Director of the Real Property Tax Service Agency

Establishing the 1988 Salary for the Personnel Officer

Establishing the 1988 Salary for the Commissioner of Social Services

Establishing the 1988 Salary for the Commissioner of Solid Waste Management

Establishing the 1988 Salary for the Infirmary Administrator

Establishing the Salary of the County Administrator

Establishing the Salary of the County Auditor

Establishing the Salary of the Director of the Real Property Tax Service Agency

Establishing the Salary of the Personnel Officer

Establishing the Sal~y of the Commissioner of Social Services

Establishing the Salary of the Commissioner of Solid Waste Management

Number Year

1 1987

2 1987

3 1987

4' 1987

5 1987

6 1987

7 1987

8 1987

9 1987

10 1987

11 1987

12 1987

13 1987

1 1988

2 1988

3 1988

4 1988

5 1988

6 1988

Title

Amending Local Law No.2 of 1967 which Established a County Planning Board for the County of Montgomery

Exempting from Taxation by the County of Montgomery Certain Real Property Constructed, Altered, Installed or Improved Located in an Economic Development Zone Pursuant to Section 485-e Real Property Tax Law of State of New York

Establishing the 1987 Salary for County Auditor

Establishing the 1987 Salary for Director of Real Property Tax Service Agency

Establishing the 1987 Salary for Personnel Officer

Establishing the 1987 Salary for Commissioner of Social Services

Establishing the 1987 Salary for County Treasurer

Establishing the 1987 Salary for County Sheriff

Establishing a Department of Solid Waste Management for the County of Montgomery, New York and Amending Local Law No.3 of 1969

Establishing an Insurance Reserve Fund for the County of Montgomery, New York

Providing for the Collection of Delinquent Village Taxes by the Montgomery County Treasurer

Amendi ng Loca 1 Law No. 1 of 1985 Whi ch Had Amended Section 11 of Local Law No.2 of 1956 Which Established a Plan of Self-Insurance as Providing for the Administration Thereof

Providing for the Election of Coroners by Districts and Establishing Such DisricFs in the County of Montgomery, New York

1988

Establishing the 1988 Salary for County Clerk

for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code in County Buildings and Rescinding Local Law No.2 of 1986

Establishing the 1988 Salary for the Clerk of the Board of Supervisors

Establishing the 1988 Salary for the County Attorney

Establishing the 1988 Salary for Fire Coordinator Regulating Parking and Establishing Fire Lanes in Areas Surrounding Buildings Located on Lands of the County o~ . Montgomery in the Village of Fonda, New York, and Resclndlng Local Law No.8 of the Year 1986

NYS DEPARTMENT OF STATE,. BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231~0001

D~TE: lfJ/29/91

local law Acknowledgment

1- MONTGOMERY COUNTY ADMINISTRATORS OFFICE COUNTY ANNEX BUILDING PO BOX 1500 FONDA NY 12068-1500

1-DOS·236 (Rev. 6/90)

_I

MUNICIPALITY

C.nl1nJ-_'\L~ Man.t:. LOCAL LAWeS) lIO. J YEAR I FILING DATE

1 1991 10/25/91

The above-referenced material was received and filed by this office as indicated.

Additional local law filing forms will be forwarded upon request.

•

•

••

.-

(Please Use this Form for Filing your Local Law with the Secretary of State,

T ':X( Ill' law should be given as 31l1C11i1cd. Do not include matter beil1!! eliminated and do not use italics Of underlining to inqicate new matter.

County = or ..................... ~~.~~.~.~!~~:.:Y. .............................................................................. .

Local Law No .............................. } ........................... or the year 19 ... ~l. ... .

A local law .... ~!!!~~.~1.~9 ... ~Q£~.1...k.~~ .. ~g.: .... !~ ... Q.f. .. J.~§? ... Wb.tS.D .. .J:t~g ... ~m~!).g~.g ... 6Q.£~.1...b.~W ... N.Q: .... ~ .......... . of 1985 Which Had Amended Section 11 of Local Law No. 2 of 1956 WhlCh Established a Plan of Self-Insurance as Provided for in Article ~ of the Workmen's Compensation Law and Providing for the Administratl0n Thereof

Be it enacted by the ............ ~Q.~.r.!! .. Q.f ... ~!-!p..~r..y..i.?g.r.~ .............................................................................. or the (N •• e 01 Le,ialatiu 80.,)

County

:. or .................... ~9.~.!g.Q!1:I.~.r.y .................................................................................................................. as Follows:

SECTION 1: Section 11 of Local Law No.2 of 1956, County of Montgomery, New York, enacted August 14, 1956 is hereby repealed and Local Law No. 2 of 1956, County of Montgomery, New York, is hereby amended to read as follows:

A local Law establishing a plan for self-insurance as provided for in Article 5 of the Workmen's Compensation Law, and providing for the administration thereof.

Be it enacted, by the Board of Supervisors of the County of Montgomery as follows:

Section 1: The plan of self-insurance provided for in Article 5 of the Workmen's Compensation Law is hereby established. (s-s 61, subd. 2)

Section 2: The plan of mutual self-insurance heretofore adopted pursuant to former subdivision 3-a of Section 50 of the Workmen's Compensation Law is hereby continued through December 31, 1956. (s-s 61, subd. 1; s-s 71, subd. I-a)

Section 3: The plan of self-insurance hereby established shall be administered by an administrator to be appointed by the Board of Supervisors as soon as possible after local law becomes effective, to serve until December 31, 1957, and thereafter at the organization meeting of said Board in January of each even-numbered year for the term of office for which the then members of such Board were elected. (s-s 64, subd. 1)

SECTION 4: Only the County of Montgomery, the City of Amsterdam, the Towns of Montgomery County, {and} the villages within Montgomery County and the school districts and municioal and public corporations located in more than one county. including the County of Montgomery. may participate in the plan hereby established. (s-s s-s 62 and 65)

Page 1

! -

I i

•

•

•

-2-

SECTION 5: The City of Amsterdam and the towns and villages i~ the County may become participants only as of the beginning of the next ensulng calendar year by filing with the administrator on.or bef~re the 30~h day of Octo~er of any year, a certified copy of the resolut10n o! ~ts go~ern1ng body elec~lng to become a participant in the plan; and a partlc1pant 1n the plan may w1thd:aw from the plan in like manner only as of the beginning of the next ensulng calendar year by filing on or before the 30th day of Octo~er of a~y year such certified copy of the resolution of its governing body electl~g to w1thdraw fr?m the plan, upon condition that such participant shall pay, 1n a lump sum or 1n installments, an equitable share of the outstanding liabilities of the plan as of the date of withdrawal. (s-s 65)

SECTION 6: Every new employee of any participant in the plan, from and after January 1, 1957, shall undergo a physical examination before undertaking any duties of his employment, except in case of an emergency, in which case the participate employing such employee shall arrange for such physical examination at the earliest possible time after such undertaking of duties. The expense of such physical examination shall be paid for from the funds of the plan. Rules and regulations in relation to such physical examination shall be prepared by the administrator and approved by resolution of the Board of Supervisors. (s-s 65, subd. 1)

SECTION 7: All participants in the plan shall cooperate fully with the administrator in the administration of the plan, shall annually within 30 days of the close of each calendar year, and at such other times as the administrator may require, submit such reports as may be requested, an shall promptly furnish all pertinent information relative to any claim, and aid in the investigation of any claim. (s-s 65, subd. 1)

SECTION 8: The violation of any of the provisions of the foregoing sections (6 and 7) by any participant shall be grounds for the expUlsion of such participant from the plan. (s-s 65, subd. 2)

SECTION 9: The total of the several amounts set forth in the annual estimate shall be apportioned to the (towns) (villages) on the basis of 100% of the full valuation of such (towns) (villages). (s-s 66)

SECTION 10: The shares of each participant in the plan shall be collected by inclusion in the next succeeding tax levy against property taxable by the participant responsible therefor. (s-s 67, subd. 2)

SECTION 11: A self-insurance reserve for the plan is hereby established. The maximum amount which may be contributed to such reserve shall be $250,000.00. (s-s 69, subd. I)

SECTION 12: The plan shall operate on an accrued liability basis whereby amounts charges to participants shall be based on the estimated total liability of participants actuarially computed, arising each year. (s-s 71)

SECTION 13: Saving Clause. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which the remainder of this local law shall not be affected thereby and shall remain in full force and effect.

SECTION 14: This local law shall take effect in 20 days or upon it being filed with the Secretary of State of the State of New York.

(Complete the certification in the paragraph which applies to the filing of this local law and strike out tlw

matter therein which is not applicable.)

(Final adoption b)' local legislative hody only.)

. " hereby certify that the local law annexed hereto. designated as local law No •.. .1 ............ of 19.:.n.

County

of til " - of Montgomerv wns duly IHlssed by the ......... ~.9.~r.~ .. .'?f....~~p.~r..y.t~.9.r..~ ......................... .. '- ......... ..... . ......... .1........... (Name of Legislative Body)

2 on .... 9.<;:J9.P.~X' ... f.? .................... 19 .... n in accordance with the applicable provisions of law.

2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer ,'" or repassage after disapproval.)

I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ...... .. I County .

City ~ of the T of ...................................... was duly passed by the ................................................................................ ..

own (Name of Legislative Body) Village

not disapproved on .. · ........ · ......... _ .......................... .19 ........ and was approved by the ...................................................... .

repassed after disapproval Elective Chief Executive Officer .,.

and was deemed duly adopted on ... · .................................................... 19 ........ , in accordance with the applicable provisions of law.

•. (Final adoption by referendum.)

I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ........ ..

County

of the TCily

of ...................................... was duly passed by the ..................................................................................... . own (Name of J.eglslatlve Body)

Village not disapproved I

'on .... · .... · ......................................... 19........ and was approved ! by the .............................................................. . . repassed after disapproval Elective Chief ~xecutlve Ofllcer *

i

on· .. · .... · ........ · .. · .. · .............................................. 19 ......... Such local law was submitted to the people by reason of a

mandatory f d d . d h rf" f' .. f h l'f' d Itt' . . re eren um,an receive tea Irmatlve vote 0 a majority 0 t e qua lie e ec ors vo 109 permiSSive general

thereon at the special election held on ...................................................... 19 ......... in accordance with the appli-annual

cable provisions of law.

4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)

• I hereby certify that the local law annexed hereto, designated as local law No • .......... i ....... of 19 ..........

County City .

of .the Town of ...................................... was duly passed by the ................................................. : ...... ; ....................... on V'll (Name of Le,ls\ative Bod~)

I age not disapproved

...................................................... 19........ and was approved by the ................................. I ........................ on repassed after disapproval Elective Chief Exec~tive Officer *

· ...... · ...... · .............................. , ................ 19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed .duly adopted on

I ...................................................................... 19 ......... in accordance with the applicable provisions of law.

·EI~ctive Chief Executive Officer means or includes the chief executive officer of a county elected qn a county-wide basis or, if there be DOD~. the chainnan of the county legislative body. the mayor of.8 city or village or the supervisor of. town, where such officer IS vested with power to approve or veto 10cailaWl' or ordinances.

Page 2

,

I i I [ I ~ I ~

, ! ,j'

I I !.

; r-':

I'

.' . 5. (City local law concerning Charter rc\ision proposed by petition.)

I hereby cej'tif~ that thl' \m ;,1 !.lW ,.:lllt'xcd hE'reto, designated as local law No ..................... of 19 ....... .

• of the City of .......................................................................... h.ning been submitted to referendum pursuant to the

provision's of : ~~ of lilt.: ~iullicip.)lll..'lIIe Huie Lnw,allJ Lwing "eceived the affirmative vote of a majority

. h special I • h ld of the qualified electors of such city 'Voting thereon at t e general e ectton e on ................................. .

................ 19 ............ became operative.

6. (Coullty local law concerning adoption of Charter.)

I hereby certify that th~ local law annexed hereto. designated as Local Law No ....... of 19 ...... of the County of ........................................ , St~lte of New York, having been submitted to the Electors at the General Election of November .......... ~ 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-cipal Home Rule Law, and having received the affirmativl! vqte of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative.

(If any other authorized form of final adoption hus been followed, please provide an appropriate certification. )

.... I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ....... ..1. ................. above.

Cerk oCthc County lepslatiyc body. own or vw.,. Clork or officer dcsignated by localleJblativc body

Date: October 23, 1991

(Seal)

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) .

STA TE OF NEW YORK

COUNTY OF .............. ~.9.n.t.ggm~.r.Y. ............ ..

- I, the undersigned, hereby certify that the foregoing local law contains the correct text ~nd that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.!

~-...., ... ~/..'. ....... . . ~P!Jr~.Y. ~~~~t~~¥ .. ,' ... ' ............ : ........ .

TiDe

Date: October 23, 1991 COun-iy;' = ~r ........ ~~.~.~~.?~:.:.y. ............... : ................. . 2

Page 3

I ~~.

, I

I

I ; ~ t ,.

i ~

t ~.

''', f:· . r

NYS DEPARTMENT OF STATE ,­BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001

DATE: 12/4/90

f~l1@IIUWll~ !m, DEC 7 1990

MUNICIPALITY

Local Law Acknowledgment

1-

Montgomery County Administrators Office County Annex Building Fonda, NY 12068

DOS·236 (Rev. 6/90)

P 318 956 239

RECEIPT~':>R CERTIFIED MAIL NO INSUR~NCE COVERAGE PROVIDED

NOT FlJtf1NTERNATIONAl MAil :L (See Reverse)

~ r---------~--------~--------__,

~ ., ~ r---~~~~~~~~~~~~~~

'" ~ ci a: d ui ::;) .~

Certified Fee

Special Delivery Fee

Restricted Delivery Fee

Return Receipt showing to whom and Date Delivered

~ r---------------------~------~ CJ) ... ~ ::J .., ~ M

E

~ (/) Q.

_....L-. ____ ___ . _______ .

_I

The above-referenced material was received and filed by this office as indicated.

Additional local law filing forms will be forwarded upon request.

: Complete items and 2 when additional' services are and complete items

Typ.e

~.i' - .istered . 'Certified 't~.

'. Express Mail

- Agent

x 7. Date of Deliv:ery

PS Form 3~ 11 , Apr. 1989 *U.S.G.P'O.1989-238-815 DOMEstiC RETURN RECEIPT

UNITED STATES POSTAL SERVICE

OFFICIAL BUSINESS

SENDER INSTRUCTIONS Print your name, address and ZIP Code in the space below. • Clj1mplete items 1, 2, 3, and 4 on the

,.verse. • ~ach to front of article if space

P,9rmltB, otherwise affix to back of .rticle.

• e.dorse article "Return Receipt Requested" adjacent to number.

.0') NOV 3 0 1990< , ~, U.S.MAIL

®

PENAL TV FOR PRIVATE USE, $300.

RETURN

TO ..

Print Sender's name, address, and liP Code in the space below.

• (Pleast' Use this Fonn for Filing your Local Law with the Secretary of State)

T ~xt "f law shuul~1 be given as amended. Do nut include mailer being eliminated and d~) not use italics llr underlining to inqicate new matter.

County = or ..................... ~~.~~.9.~~~:.:t. .............................................................................. .

Local Law No ................ ~ .•..••.•.... _ ........................... of the year 19 ~Q ....... .

A local law PROHIBITING DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN

IN THE SALE, RENTAL, FINANCING, OR PROVISION OF BROKERAGE SERVICES FOR HOUSING WITHIN THE COUNTY OF MONTGOMERY

• Be it enacted by the Board of Superv; sors ... _ ............... _ ...................................... of the ...... ·· ........ ·· .. ··· .. · .... · .... ···(ti;;;·;;·L;i;i;;i;~·w,; .

County = of .................... !:1Q!).t.g.<?~.~r..Y. ............................... , ................................................................................. as follows:

Article I: Purposes and Enactment

Section 100 - Purposes and Enactment

For the purpose of providing and ensuring fair housing opportunities for all within the County of Montgomery, the Board of Supervisors of the County of Montgomery, State of New York, under the authority of the General Municipal Law, hereby obtains, enacts, and publishes this local law.

Article II: Definitions

Section 200 - Definitions

210 General - For the purpose of this local law, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual and the word "shall" is always mandatory.

202 Specific Words or Phrases - For the purpose of this local law, certain terms or words herein shall be interpreted as follows:

II Dwell ing" means any building, structure, or. portion thereof which is occupied as, or designed or intended for occupancy as, a residence by 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.

"Person" includes one' or more individuals, corporations, partnerships, associations, labor organizations, legal representatives mutual companies, joint-stock companies, trusts, unincorporated organiiations, trustees, trustees in bankruptcy, receivers, and fiduciaries .

..-(1( additional sp"~~~~~~~dLrleasc attach sheets_of the same !j,~~~_~~is and number each):B

Page 1

•

•

-2-

"Family" includes a single individual.

"To rent ll includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

lIDiscriminatory housing practice" means an act that is unlawful under Articles III, IV, V.

Article III: Discrimination in the Sale or Rental of Housing

Section 300 - Discrimination in the Sale or Rental of Housing

Except as exempted by Article VI, it shall be unlawful within the County of Montgomery:

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex handicap, familial status, or national origin .

(c) To make, print, or publish, or cause to be made, printed or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation, or discrimination.

(d) To represent to handkap, familial status, available for inspection, available.

any person because of race, color, religion, sex, or national origin tnat any dwelling is not

sale, or rental when such dwelling is in fact so

(e) 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 race, color, religion, sex, handicap, familial status, or national origin.

Article IV: Discrimination in the Financing of Housing ,

Section 400 - Discrimination in the Financing of Housing

It shall be unlawful within the County of Montgomery for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business co~sists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling; or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, handicap, familial status or national origin of such person or of any ~erson associated with him in connection with such loan or other financial assi~tance, or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the ~welling or dwellings in relation to which such loan or other financial assistance is to be made or

I

given: Provided, That nothing contained in this section shall impair the scope or effectiveness of the exception contained in Article VI.

I

Article V: Discrimination in the Provision of Brokerage Services

Section 500 - Discrimination in the Provision of Brokerage Services

•

•

-3-

It shall be unlawful within the County of Montgomery to deny any person access to or membership or participation in any multiple-listing services, real estate broker's organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or to discriminate against him in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex handicap, familial status or national origin.

Article VI: Exceptions

Section 600 - Exemptions

601 - Sales/Rentals by Owners - Nothing in Article III (other than Subsection (c) shall apply to:

(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at anyone time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the recent resident of such house prior to such sale, the exception granted by this subsection shall apply only with respect to one such sale within any twenty-four month p~riod: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at one time: Provided further, That the sale or rental of any such single-family house shall be excepted from the application of this law only if such house is sold or rented (A) 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 salesman, or of such facilities or services of any person in the business of selling or renting dwelling, or of any employee or agent of any such broker, agent, salesman, or person, and (8) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of Article III of this law; but nothing in this provison shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as may be necessary to perfect or transfer the title, or

(2) 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 such living quarters as his residence.

For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if--

(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

602 Sales/Rentals by Religious Organizations - Nothing in this law shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, handicap, familial status, or national origin. Nor shall anything in this law prohibit 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, from limiting the rental of occupancy of such lodgings to its members or from giving preference to its members.

• -4-

Article VII: Administration

Secti6n 700 - Administration

701 Authority and Responsibility - The authority and responsibility for publicizing, administering, and enforcing this law shall be in the County's Fair Housing Officer, to be designated by the Chairman of the Board of Supervisors.

702 Violations - Violations of the local law shall be reported in person or in writing to the County's Fair Housing Officer.

703 Enforcement - Where sufficient cause exists to believe that the terms of this law have been violated, the Fair Housing Officer shall institute a suit in County Court against the alleged violator.

704 Penalties - Where a person or organization has been found, after a trial on the merits, in violation of this law, a fine shall be imposed on such person or organization not to exceed $500 for a first offense, and $1,000 for each additional offense. The minimum fine for violations of this law shall be $100 for a first offense, and $500 for each additional offense. Each and every separate violation of this law shall be deemed an offense for the purposes of imposing the appropriate fine.

Article VIII: Miscellaneous Provisions

4It Section 800 - Miscellaneous Provisions

•

801 Amendment - The Board of Supervisors may, on its own initiative or on petition, amend, supplement, or repeal the provisions of this local law in conformity with applicable law after public notice and hearing.

802 Interpretation - In their interpretation and application, the provisions of this law shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of the local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the highest standards, shall govern.

803 Short Title - This local law shall be known and may be cited as liThe County of Montgomery Fair Housing Law."

804 Saving Clause - If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder of the local law which shall as to such remainder remain in effect.

805 Effective Date - This local law shall take effect immediately upon its filing with the Secretary of State of the State of New York .

(Complete the certification in the paragraph which applies to tho Ciling oC this loculluw Dnd strike out tlw

lIIatler therein which is not applicable.)

(Final adoption by local legislative body only.) '. 4 90 I hereby certify that the local law annexed hereto, designated as local law No ................... or 19 ....... . County

of th(' = of ..... Mg.rJ~9.9.P.1.~.r.y. .......... was duly passed by

2 t he ......... ~.Q~r.~ .. 9.f ... ~~p.~r.y.~~.~r.~ .......................... .

(Name 01 LealalaUva Body)

on ....... ~!?y.~~~~.:. .. ?!..~ ............. 19 ... ~9. in accordance with the applicable provisions of law.

2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive O£ficer,*

••

or repassage after disapproval.) .

I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ....... . County City

of the Town or.. .................................... was duly passed by the ................. (N~:;.~,.L~;i~.i~~i.;;.B~.d~; ......................... . Village

not disapproved on ..................... _ ........................... 19 ........ and was approved by the ..................................................... .

. repassed after disapproval Eleeti". Chief Executive Officer

and was deemed duly adopted on ......................................... ~ .............. 19 ........ , in accordance with the applicable provisions of law •

Winal adoption by referendum.)

I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ........ .. County

of the TChy

of ...................................... was duly passed by the ..................................................................................... . own (Name of IA,lalatl"e Bod,)

Village not disapproved

on .. · .. ··· ........................................... 19........ and was approved by the ............................................................. .. repassed aCter disapproval EleeU"e Chl.f ~eeutl". Officer *

on .. ·· .. · .. · .. ·· .. · ..................................................... 19 ......... Such local law was submitted to the people by reason of a

mandatory r d d • d h rc" C· •• f h I'r' d I ' permissive releren um,an receive tea lrmatlve vote 0 a majority 0 t e qua 1 Ie e eetors votmg general

thereon at the special election held on ................ : ..................................... 19 ........ , in accordance with the appli. annual

cable provisions oC law.

4. (Subject to permissive referendum, and final adoption because no valid petition filed re,uesting referendum.)

I hereby certiFy that the local law annexed hereto, designated as local law No ................... of 19 ........ .. County e of the ~~t~n of ...................................... was dui y passed by the .............................. ~ ................................................. on Village . (NaRle 01 Le,ialetlve Body)

not disapproved ............ · .. · .... · ................................. 19........ and was approved by the ................................... ~ ..................... on

repassed after disapproval Elective Chief E •• cuti"e Officer * I

........ · .. · .. · .. · ............ ·•· ............ , ................ 19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on

...................................................................... 19 ........ , in accordance with the applicable provisions of law.

·E~ Chief ExecutiYe OffICer means or Indu" the chief executiYe offICer of I county elected on I county-wide basis or, if tit .. be BOlle. the daairmaa of the county lepslative body, the lDIyor of. city or Yillae or the IUpemsor of. town where IUCh offICer II YeSted with power to approve or ¥eto locaIla .. or orcUnlllCCl. '

Page 2

1-

, . .5. (Cil)' local luw concerning Charter re\ ision proposed by petition.)

1 h('~~b}" cej"tir~ that the to!' nt !.lW •. :Hlexed he-reto, designated as local law No ..................... or 19 ....... .

•

of the City or.. ........................................................................ h.l\"ing been submitted to referendum pursuant to the

pm\'isio?s of : ~~ of lil~ ~lunidVall1. .. lIIe flule Lnw,8nJ bwing received the affirmative vote or a majority

.. h special I . h Id of the qualified electors of such city .. totlng thereon at tel e ectlon e on ................................ .. genera ................ 19 ............ became operative.

6. (County local law concerning adoption of Charter.)

I hereby certily that th~ local law annexed hereto. designated as Local Law No ....... of 19 ...... of the County of ........................................ , Shlte of New York, havhtg been submitted to the Electors at the General Election of No\'ember .......... , 19 ........... pursuant to subdivisions Sand 7 of Section 33 of the Muni-cipal Home Rule Law, and having received the affirmativ\! vQte of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election. became operative.

(If any other authorized form of final adoption has been followed, please provide an appropriate cerli (icalion.)

.... (further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole or such original local law. and was finally adopted in the manner indicated in paragraph ......... ~ .................. above. .

• fLtr{Wl

aerk of the County ....... tIYe w,. aty. Toft or ViUIp Clerk or omcer ....... .", 10Cll a.pa&ative body

Date: November 28, 1990

(Seal)

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village AUoraey or other authorized Attorney of locality.)

STATE OF NEW YORK

COUNTY OF .............. r1.9.n.t.gQm~.r.Y. ............. .

e I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment or the Ipcallaw annexed bereto.

;;Itt, ~""""" . ~P!'rty. ~~~~r!l~¥ •.. ' ........................ .

TItle Date: November 28, 1990 COunty-

- r Montgomery _ 0 ............................................................... .

Page 3