[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, segregate or separate.
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.
Includes any persons regularly engaged in the business of
lending money or guaranteeing loans.
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.
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.
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.
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.
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.
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.
