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Town of Hamburg, NY § 109-5 FAIR HOUSING § 109-6 A. The prohibitions of this chapter shall not apply to a religious institution or organization limiting the sale, rental or occupancy of dwellings which it owns or operates to persons of the same religion or giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion, sex, age, marital status, disability, national origin, source of income, sexual orientation, military status or because the person has a child or children. [Amended 5-23-2016 by L.L. No. 5-2016] B. The prohibitions of this chapter against discrimination because of sex shall not apply to a residential building owned by a public body or by a private institution or organization and maintained, in whole or part, for the exclusive use of one sex. C. The provisions of this chapter shall not apply to: (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations and the rental has occurred without advertising. [Amended 5-23-2016 by L.L. No. 5-2016] (2) The restriction of the rental of all rooms in a housing accommodation to individuals of the same sex. (3) The rental of rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodations. (4) Solely with respect to age to the restriction of the sale, rental or lease of housing accommodations exclusively to persons 55 years of age or older. § 109-6. Enforcement. A. Filing of complaints. (1) The Town shall receive and investigate complaints under this chapter. The Supervisor shall designate the Community Development Department Head of the Town to perform the function contained in this section and may also designate a not-for-profit fair housing organization to either assist the Community Development Department Head in conducting investigations or to complete said function and investigations. (2) Any person or organization, whether or not an aggrieved party, may file with the Supervisor's designee a complaint of a violation of this chapter. (3) The Supervisor's designee may investigate individual instances and patterns of conduct prohibited by this chapter, even without a complaint from another person or organization, and may initiate complaints in connection therewith. B. Investigation. The Supervisor's designee shall notify the accused party, in writing, within 30 days of the filing of any complaint. The designee shall make a prompt investigation in connection with the complaint and, within 100 days after a complaint is filed, determine whether the Town has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint (hereinafter referred to as the "respondent"), has engaged or is engaging in art unlawful discriminatory practice. If, during or after the investigation, the designee believes that appropriate action to preserve the status quo or to prevent irreparable harm is advisable, the designee shall advise the Town Attorney, in writing, to bring immediately, in the name of the Town, any action necessary Downloaded from https://ecode360.com/HA0055 on 2026-07-10 29