Owner/Agent Agreement



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hm-47-owner-agent-agreement-8-08
1.GENERAL EDUCATION-ENGLISH
Successors and Assigns

The Contract shall be binding upon and inure to the benefit of and be enforceable by the respective Successors and Assigns of the parties hereto.

    1. Headings

All headings in the Contract are for purposes of reference only and shall not limit or affect the meaning hereof.




    1. The Owner and the Agent will not discriminate against any employee or applicant for employment

because of sex, race, creed, color, national origin, age, disability or marital status.



  1. If directed to do so by the Commissioner of Human Rights, the Agent will send to each labor union or representative of workers with which he or the Owner has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the Owner’s or the Agent’s agreement under clauses (a) through (g) (hereinafter called “non-discrimination clauses”). If the Agent was directed to do so by the Commissioner of Housing and Community Renewal as part of bid negotiation of this agreement, the Agent shall request that such labor union or representative will not discriminate because of sex, race, creed, color, national origin, age, disability or marital status and that such labor union or representatives either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination classes. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Agent shall promptly notify the state Division of Human Rights of such failure or refusal.




  1. If directed to do so by the Commissioner of Human Rights, the Owner and the Agent will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State’s laws against discrimination as the State Commissioner of Human Rights shall determine.




  1. The Owner and the Agent will state, in all solicitations or advertisements for employees placed by or on behalf of either of them, that all qualified applicants will be afforded equal employment opportunities without discrimination because of sex, race, creed, national origin, color, age, disability or marital status.




  1. The Owner and the Agent will comply with the provisions of Sections 290-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights and the Commissioner of Housing and Community Renewal for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.




  1. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part by the Commissioner of Housing and Community Renewal upon the basis of a finding made by the State Commissioner of Human Rights that the Agent has not complied with these non-discrimination clauses, and the Agent may be declared ineligible for future contracts made by or in behalf of the State or a public authority or agency of the State or housing authority, or an urban renewal agency, or contracts requiring the approval of the Commissioner of Housing and Community Renewal, until he has satisfied the State Division of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Division of Human Rights after conciliation efforts by the Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with said Division, notice thereof has been given to the Agent and an opportunity has been afforded him to be heard publicly in accordance with the procedures of the Division of Human Rights. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law.


  1. The Owner and the Agent will include the provisions of clauses (a) through (f) in every contract or purchase order altered only to reflect the proper identity of the parties in such a manner that such provisions will be binding upon each contractor or vendor as to operations to be performed within the State of New York. The Owner and the Agent will take such action in enforcing such provisions of such contract or purchase order as the Commissioner of Housing and Community Renewal or the State Commissioner of Human Rights may direct, including sanctions or remedies for non-compliance. If the Owner or Agent becomes involved in or is threatened with litigation with a contractor or a vendor as a result of such direction by the Commissioner of Housing and Community Renewal or the State Commissioner of Human Rights, the Owner or the Agent shall promptly so notify the Attorney General requesting him to intervene and protect the interests of the State of New York.




  1. The Owner and the Agent will not discriminate against any applicant for an apartment or any tenants already in occupancy because of sex, race, creed, color, national origin, age, disability or marital status. The Owner and the Agent will take affirmative action to insure open occupancy and racial integration in the operation of the Project. Such action shall be taken with reference, but not be limited, to: advertising, use of available subsidies such as capital grant funds, H.O.P.E. loans, interest payment subsidies and other aids which may be used to encourage integrated occupancy of the Project.




  1. In the performance of their obligations under this Agreement, the Owner and Agent will also comply with Title VI of the Civil Rights Act of 1964, Executive Order 11063, and Title VIII of the Civil Rights Act of 1968.


HM-47 (8/08)

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