City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Las Vegas 6-18-1980 by Ord. No. 68-28 (Ch. 11 of the 1972 City Code). Amendments noted where applicable.]

§ 217-1 Purpose.

It is the purpose of this chapter to define discriminatory practices in housing, to prohibit these practices in the City of Las Vegas, and to establish a procedure whereby aggrieved individuals may obtain a remedy of relief from these practices. It is understood by the City Council that this chapter may be less than perfect in drafting or structure and that it may not entirely accomplish the purposes stated. If so, it is the intention of the City Council to amend and modify it as experience indicates. It is drafted with the intention of providing a point of focus for dealing with conflicting viewpoints in the public interest and is not intended to provide positions from which persons of differing viewpoints may carry on public controversy.

§ 217-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISCRIMINATE
Includes, but is not limited to, segregate or separate.
HOUSING ACCOMMODATION
Any building, or portion of a building, which is constructed, or to be constructed, which is used, or intended for use, as the residence or sleeping place of any individual.
LENDING INSTITUTION
Includes any persons regularly engaged in the business of lending money or guaranteeing loans.
PERSON
Includes one or more individuals, a partnership, association, organization, corporation, joint venture, or a cooperative, lessee, sublessee, co-tenant, assignee, managing agent or other persons having the right to sell, rent or lease property.
REAL PROPERTY
Lands, leaseholds or commercial or industrial building, whether constructed or to be constructed, offered for sale or rent, and any land rented or leased for the use, parking, or storage of house trailers.

§ 217-3 Exemptions.

Nothing in this chapter shall:
A. 
Apply to any single-family dwelling sold, leased, subleased, or rented by an owner without the making of any notice, statement or advertisement with respect to the sale, lease, sublease or rental of a dwelling unit that indicates any preference, limitation or discrimination based on race, color, religion, national origin or ancestry. This exemption is subject to these further reservations:
(1) 
To qualify for the exemption the sellor must not be an owner of, or have reserved any interest in, more than three single-family dwellings; and
(2) 
If the seller doesn't presently live in the dwelling, or he was not the most recent occupant, then the exemption granted in this section will only apply to one sale in 24 months.
B. 
Bar any religious or denominational institution or organization which is operated or supervised or controlled by, or is operated in connection with, a religious or denominational organization from limiting admission to or giving preference to persons of the same religion or denomination, or from making selections of buyers, lessees or tenants as are calculated by the organization or denomination to promote the religious or denominational principles for which it is established or maintained unless membership in their religious or denomination organization is restricted on account of race, color, national origin, ancestry, or sex.
C. 
Be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants of property on the basis of factors other than race, color, religion, national origin, ancestry, or sex.
D. 
Apply to 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 the living quarters as his residence.

§ 217-4 Prohibited acts.

It is unlawful for any person to:
A. 
Refuse to sell, rent, assign, lease or sublease, or offer for sale, rental, lease, assignment or sublease any housing accommodation or real property to an individual, or to refuse to negotiate for the sale, rental, lease, assignment, or sublease of any housing accommodation or real property to any individual because of race, religion, color, national origin, ancestry, or sex.
B. 
Delay by any means, or by the fabrication of false pretense refuse negotiations for the sale, rental, lease, assignment or sublease of any housing accommodations or real property to an individual because of his race, religion, color, national origin, ancestry, or sex.
C. 
Discriminate against any individuals in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease of any housing accommodation or real property, or in the provision of facilities or services in connection therewith because of their race, religion, color, national origin, ancestry, or sex.
D. 
When application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or real property, to:
(1) 
Consider the race, religion, color, national origin, ancestry or sex of any individual in the granting, withholding, extending, modifying or renewing, or in the fixing of the rates, terms, conditions or provisions of any financial assistance or in the extension of services in connection with their request for financial assistance; and
(2) 
Use any form of application for financial assistance, or to make any record or inquiry in connection with applications for financial assistance which expresses, directly, any limitation, specification or discrimination as to race, religion, color, national origin, ancestry, or sex.
E. 
Print, circulate, display, or mail, or cause to be printed, circulated, displayed, or mailed, any statement, advertisement, publication or sign, or use any form of application for the purchase, rental, lease, assignment or sublease of any housing accommodation or real property, or to make any record or inquiry regarding the prospective purchase, rental, lease, assignment or sublease of any housing accommodation for real property which expresses any preference, limitation, or discrimination as to race, religion, color, national origin, ancestry, or sex.
F. 
For any person to aid, abet, compel, coerce or participate in the doing of any act declared to be an unlawful housing practice under this chapter, or to willfully obstruct or prevent enforcement or compliance with the provisions of this chapter or any rule, regulation or order of the City Council or to attempt, directly or indirectly, to commit any act declared by this chapter to be a prohibited act.
G. 
Engage in any form of threats, reprisal or discrimination against any person who has opposed any unlawful discriminatory practice, or has filed a complaint, testified or participated in any proceeding under this chapter.

§ 217-5 Violations and penalties; injunctive relief.

A. 
Every person convicted of a violation of this chapter shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or both such fine and imprisonment in the discretion of the Municipal Judge. Prosecutions in the Municipal Court may be commenced by any person upon the filing of a proper complaint therein.
B. 
In addition, or in the alternative, any person may, upon proper application to the District Court, request compliance with the provisions of this chapter, and the Court may grant any permanent or temporary injunction or temporary restraining order, or other relief, as it deems appropriate.

§ 217-6 Appeals.

The plaintiff or defendant may appeal to the District Court from the judgment of a Municipal Court, as provided by law, and also may appeal to the New Mexico Court of Appeals or the New Mexico Supreme Court from the judgment of any District Court, as provided by law.