LOCAL LAW - 2025
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A LOCAL LAW AMENDING SECTION C14-20, ENTITLED “RESERVED”, OF PART E, ENTITLED “OFFICE OF HUMAN RIGHTS AND AFFIRMATIVE ACTION”, OF ARTICLE XIV OF THE CHARTER OF THE CITY OF YONKERS, ENTITLED “DEPARTMENT OF PARKS, RECREATION AND CONSERVATION”.
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By: City Council President Lakisha Collins-Bellamy
WHEREAS, the City of Yonkers enjoys and benefits from a diverse population, representing a rich community of racially, ethnically, culturally, religiously and linguistically diverse groups and heritages; and
WHEREAS, the City of Yonkers therefore recognizes the paramount importance for the acceptance of, respect for, and inclusion of persons of different ancestries within the City; and
WHEREAS, the Yonkers City Council, however, finds the existence of prejudice, intolerance, hatred and antagonism among some of its residents because of actual or perceived differences, including those based upon race, color, religion, ethnicity, creed, age, national origin, alienage or citizenship status, familial status, gender, marital status, sexual orientation or disability; and
WHEREAS, the Yonkers City Council declares that such prejudice, intolerance, hatred and antagonism is unacceptable, having no place in a civil society, and that it poses a great danger to the morale, health, safety and welfare of the City and its residents; and
WHEREAS, accordingly, the Yonkers City Council affirms that the City has a present and ongoing interest in assuring that every individual in the City is afforded an equal, fair and timely opportunity to enjoy a full and productive life and that the absence or denial of such equal and fair opportunity may present a threat to the peace, order, health, safety and general welfare of the City, its residents and institutions; and
WHEREAS, the federal government, the State of New York and the County of Westchester have each enacted and/or adopted laws, rules and regulations, and established agencies, departments, commissions and/or officers, intended to prohibit discriminatory practices by and among a wide range of private and public institutions and activities, including, but not limited to, the provision of housing, and providing avenues for relief, including, but not limited to, monetary damages, to those individuals who are victims of unlawful intolerance, prejudice, bigotry and discrimination; and
WHEREAS, the County of Westchester, in particular, has enacted Chapter 700 of the Laws of Westchester County entitled “HUMAN RIGHTS” wherein it has (i) under Article I thereof entitled “HUMAN RIGHTS LAW”, prohibited a broad range of discriminatory practices as more fully defined and detailed therein and established a Human Rights Commission to, among other things, investigate alleged unlawful practices, enforce such prohibitions, and provide one or more avenues of relief to those victimized by such discriminatory practices, and (ii) under Article II thereof entitled ‘FAIR HOUSING LAW”, prohibited certain unlawful discriminatory real estate practices as more fully defined and detailed therein and established a Fair Housing Board to, among other things, investigate alleged unlawful practices, enforce such prohibitions, and provide one or more avenues for relief to those victimized by such discriminatory practices (the foregoing Chapter 700, including Articles I and II thereof, being referred to collectively in this Local Law as the “County Human Rights Law”); and
WHEREAS, the County Human Rights Law, by its terms, expressly extends its protections against unlawful intolerance, prejudice, bigotry and discrimination to all County residents, including the residents of the City of Yonkers; and
WHEREAS, pursuant to Part E of Chapter XIV of the Charter of the City of Yonkers, the City established the Office of Human Rights and Affirmative Action for the stated purpose of fostering mutual respect and understanding among all in the City and further provided for the appointment of an Executive Director of such Office; and
WHEREAS, the City’s Office of Human Rights and Affirmative Action is expressly granted the power to, among other things, investigate reports or incidents of unlawful discrimination “and to take appropriate action and exercise any other power or duty that may be authorized by local law or ordinance”; and
WHEREAS, the City’s Office of Human Rights and Affirmative Action, and its Executive Director, are in a unique position to promote awareness among the City’s residents and its public and private institutions of the provisions of federal, state and local anti-discrimination and fair housing laws, including, in particular, the County Human Rights Law and the protections and remedies available thereunder, and to promote access by the City’s residents and institutions to appropriate federal, state and local offices, agencies and officers, including, in particular, the County’s Human Rights Commission and/or Fair Housing Board, and to the processes, procedures and remedial provisions more fully detailed in the County Human Rights Law; and
WHEREAS, the City’s Office of Human Rights and Affirmative Action, and its Executive Director, are also in a unique position to attempt to prevent, reduce and/or resolve reports and incidents of unlawful discrimination in the City of Yonkers in addition to, or in place of, the processes, procedures and remedial provisions available to them, as more fully detailed in the County Human Rights Law; and
WHEREAS, in enacting this Local Law, the Yonkers City Council makes clear that its actions are not intended to promote any particular course of conduct or way of life but, rather, to ensure that Yonkers residents have the capacity to make their own choices, follow their own beliefs and conduct their own lives within existing law; and
WHEREAS, the Yonkers City Council finds and determines that the adoption of this Local Law is an appropriate exercise of its police power for the protection of the public welfare, health and peace of the people of the City of Yonkers.
NOW, THEREFORE, be it enacted by the City Council of the City of Yonkers, as follows:
Section 1. Section C14-20 of Part E. of Article XIV of the Charter of the City of Yonkers, entitled “Reserved”, is hereby amended in its entirety to read as follows:
Section C14-20. [Reserved.] Powers of the Office of Human Rights and Affirmative Action.
A. The Office of Human Rights and Affirmative Action (herein the “Office”), acting by and through its Executive Director, officers, employees, contractors and agents, shall have the following powers:
(i) To develop, conduct, recommend, produce, publish, broadcast, issue, distribute and/or disseminate such informational programs, publications, reports and materials, including, without limitation, in written, electronic and digital format and media as, in the judgment of the Office:
(a) will increase goodwill among the residents of, and institutions (both public and private) in, the City of Yonkers (herein the “City”); and
(b) will increase awareness among the City’s residents and institutions of the provisions of federal, state and local anti-discrimination and fair housing laws, including, in particular, Chapter 700 of the Laws of Westchester County (the “County Human Rights Law”) and the protections and remedies available thereunder, and promote access by the City’s residents and institutions to appropriate federal, state and local offices, agencies and officers, including, in particular, the “County’s Human Rights Commission” and/or “Fair Housing Board” (as each is defined in the County Human Rights Law), and to the processes, procedures and remedial provisions more fully detailed in the County Human Rights Law;
provided, however, that (1) no such programs shall be conducted or written materials physically distributed in any privately owned or occupied place or location without the prior written consent of the owner or, where the owner is not in possession of the premises, the tenant or other person lawfully in possession of the premises, and (2) the Office may not cause or require that any educational program be conducted or any materials be distributed or disseminated within a public school, private school, or a religious or denominational institution licensed by the State of New York;
(ii) to enlist the cooperation of the various racial, religious, cultural and ethnic groups, community organizations, labor organizations, fraternal and benevolent associations and other groups within the City in mediation efforts, programs and campaigns devoted to the elimination of group prejudice, intolerance, bigotry and discrimination;
(iii) to study the problems of prejudice, intolerance, bigotry and disorder occasioned thereby in all or any fields of human endeavor and interaction;
(iv) to conduct hearings relating to any matter with the jurisdiction of the Office;
(v) to assist individual residents of the City and public and private institutions located in the City in facilitating their access to appropriate federal, state and local offices, agencies and officers, including, in particular, the County’s Human Rights Commission and/or Fair Housing Board, with respect to any allegations and complaints of unlawful discriminatory practices and/or unlawful discriminatory real estate practices; provided, however, that nothing contained in this law shall obligate or require the City, including the Office, its Executive Director or any of its officers, employees, contractors or agents, to (1) be a party to any complaint, action or proceeding of any kind, (2) execute and/or deliver any document, instrument or affidavit, (3) take or perform any other action, or (4) expend any sums or amounts or incur any cost or expense;
(vi) to report to, and/or initiate a complaint with, proper federal, state, Westchester County, City, and other governmental and public authorities with respect to, any instance, pattern or series of unlawful discriminatory practices, including, but not limited to, unlawful discriminatory real estate practices;
(vii) to endeavor to eliminate or resolve any instance, pattern or series of unlawful discriminatory practices, including, but not limited to, unlawful discriminatory real estate practices by any method of dispute resolution, including mediation and conciliation; and
(viii) to recommend to the Mayor and the City Council legislation and resolutions to aid in carrying out the purposes of this Part E.
B. So far as practicable, and subject to the approval of the Mayor, the services of all other City departments and agencies shall be made available by their respective heads to assist the Office with respect to any of its enumerated powers. Upon reasonable request by the Office, the head of any department or agency shall, in so far as practicable, provide the Office with public records in the possession of such department or agency, except that nothing herein contained shall compel the disclosure of public records which are exempt from disclosure pursuant to the provisions of the Public Officers Law of the State of New York.
C. The Office shall submit an annual report to the Mayor and the City Council, within ninety (90) days following the close of each fiscal year of the City, detailing the activities of the Office during such fiscal year, which report shall be made available to the public.
D. The expenses of operation of the Office shall be subject to appropriation in the City budget. Nothing contained in this law shall be construed to create or form the basis of any liability on the part of the City of Yonkers, the Office or its elected or appointed officers, employees, contractors or agents, for any alleged injury or damage of any kind or character resulting directly or indirectly from or by reason of any act or omission in connection with the implementation or enforcement of this law on the part of the City of Yonkers, including the Office, or any of its elected or appointed officers, employees, contractors or agents.
E. Nothing contained in this law shall be deemed to deny or limit to any person the right to institute any action or proceeding or to pursue any available civil or criminal remedy for the violation of such person’s civil rights.
F. If any clause, sentence, paragraph or part of this Part E or the application thereof to any person or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid in whole or in part, such judgment shall not affect, impair or invalidate the remainder of this Part E.
Section 2. This local law shall take effect immediately in accordance with the provisions of law.