Hamburg Town, N.Y., Code of Ordinances ch. 109 (eCode360 ed. 2026) § 109-8
Court action
Operative Text
Any person claiming to be aggrieved by an unlawful discriminatory practice as defined by § 109-3A of this chapter shall have a cause of action in any court of competent jurisdiction within one year from the date of the occurrence for damages and such other remedies as may be appropriate. The court may: A. Award actual damages, including but not limited to mental anguish, embarrassment and humiliation; B. Award punitive damages; C. Award reasonable attorney's fees in the case of a prevailing plaintiff; and/or D. Grant as relief as it deems appropriate, any permanent or temporary injunction, temporary restraining order or other order. No bond shall be required prior to the issuance of injunctive relief.
Hamburg Town Code § 109-8 establishes a private right of action for individuals who believe they have been subjected to an unlawful discriminatory practice as defined elsewhere in Chapter 109. A claim must be filed in a court of competent jurisdiction within one year of the alleged discriminatory act. If a court finds in the claimant's favor, it may award actual damages (including mental anguish, embarrassment, and humiliation), punitive damages, and reasonable attorney's fees, and it may also issue injunctive relief without requiring a bond.
Plain English — not legal advice.
Under Hamburg Town Code § 109-8, property owners and managers who engage in conduct that violates the discriminatory-practice definitions in § 109-3A may face civil litigation brought directly by an aggrieved individual. A compliant operator generally maintains consistent, documented policies for tenant selection, lease terms, and property management to demonstrate non-discriminatory treatment. Because a court can award actual damages, punitive damages, and attorney's fees against a losing defendant, operators typically ensure staff are trained on fair-housing obligations under Chapter 109.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hamburg Town Code § 109-8 gives individuals who believe they have experienced an unlawful discriminatory practice a direct path to court, without needing to go through an administrative agency first. The one-year filing window runs from the date the alleged discriminatory act occurred, so awareness of that deadline is important when considering options. Potential remedies available through the courts include compensation for emotional harm, punitive damages, and attorney's fees for a prevailing plaintiff; tenant-rights organizations or legal aid services can help explain what these remedies mean in the context of Chapter 109 claims.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation