[HISTORY: Adopted by the Township Council of the Township of Franklin 2-26-1970
by Ord. No. 456 (Ch. 149 of the 1990 Code). Amendments noted
where applicable.]
A.
The Township Council hereby declares it to be the public
policy of the Township to eliminate and prevent discrimination and involuntary
segregation based on race, religion, creed or ethnic origin and to safeguard
the right of every person to sell, purchase, lease, rent or obtain financing
for the purchase or lease of housing accommodation without regard to race,
religion, creed or ethnic origin.
B.
It is not the intention of this chapter to foster complaints
which are inspired by malice but only to protect persons in the acquiring
of housing accommodations, and any persons filing complaints under this chapter
shall be fully responsible under the laws of the state governing malicious
prosecution.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
The practice of inducing owners of property to sell because of the
actual or rumored advent into the neighborhood of a member of a racial, religious
or ethnic group.
Any real property permitted for human habitation within the Township.
Includes natural persons, partnerships, corporations, associations
or other legal entities.
Includes those unlawful practices and acts specified herein.
A.
It shall be unlawful for any person to:
(1)
Refuse to sell, lease, assign or sublease any housing
accommodation to any person because of race, religion or ethnic origin.
(2)
Falsely represent that any housing accommodation is not
available for inspection, sale or rent or withhold information about any housing
accommodation which is available for sale or rental.
(3)
Discriminate against any person in the terms, conditions
or privileges of the sale, rental, lease assignment or sublease of any housing
accommodation.
(4)
Directly or indirectly advertise that the purchase or
rental by persons of any particular race, religion or ethnic origin in unwelcome,
objectionable, unacceptable or not solicited.
(5)
Use any form of application for purchase, lease or financing
of any housing accommodation which inquires into the race, religion or ethnic
origin of any person.
(6)
Engage in the practice of blockbusting, including but
not limited to:
(a)
Inducing or attempting to induce the sale of housing
accommodations by representing that an adverse change has occurred or may
occur because of the racial, religious or ethnic composition of the neighborhood.
(b)
Misrepresenting by listing property for sale for the
purpose of inducing the sale of other property.
(c)
Representing to a prospective purchaser that a neighborhood
might undergo an adverse change due to racial, religious or ethnic composition
of the neighborhood.
(d)
Advertising for sale or rent nonexistent property which
is not actually for sale or rent.
(e)
Committing acts of any nature which might coerce or create
fear with the purpose of inducing the sale of property.
(f)
Engaging in any form of reprisal against any person who
has filed a complaint or testified or participated in any investigation, proceeding
or conference conducted under the provisions of this chapter.
B.
No person, bank or lending institution shall discriminate
against any applicant because of race, religion and ethnic background of such
applicant or the prospective occupants or tenants of such housing accommodation
in the granting, extending or renewing of the rates, terms or conditions of
any such loan.
C.
The provisions of this chapter shall not apply to:
(1)
The rental of a single apartment in a dwelling of four
families or fewer, one unit of which, at the time, is occupied by the owner
as his residence or the household of his family.
(2)
The rental of a room or rooms to another person by the
owners or occupant of a one-family dwelling occupied by him at the time as
his residence or the household of his family.
(3)
Any religious institution or organization or any organization
operated for charitable or educational purposes, which is operated, supervised
or controlled by or in connection with a religious organization, in the sale,
lease or rent of real property, for limiting admission to or giving preference
to persons of the same religion or denomination or from making such selection
as is calculated by such organization to promote the religious principles
for which it is established or maintained.
Any person claiming to be aggrieved by a discriminatory or unfair practice
may, within 60 days of the last act complained of, personally or by his attorney
at law, either file a complaint with the Municipal Court and/or file a verified
complaint with the Human Rights Commission of the Township, setting forth
the name and address of the person(s) charged with the offense, the particulars
thereof and such other information as may be required. It shall be a condition
precedent that in order to avail oneself of the complaint procedure herein
set forth, such complaint must be filed within 60 days of the last act forming
the basis for the complaint. In the event that a complaint is filed with the
Human Rights Commission, then:
A.
The Human Rights Commission shall cause a prompt investigation
to be made of the charges.
B.
If the Human Rights Commission shall determine that no
probable cause exists, it shall, within 10 days thereafter, give written notice
of its determination to the principals involved.
C.
If the Human Rights Commission determines that probable
cause does exist, it shall endeavor to eliminate the unlawful discrimination
by conference or conciliation or advise the complainant to file a complaint
with the Municipal Court. Such complaint must be filed forthwith and under
no circumstances later than seven days after the Human Rights Commission advises
the filing of such complaint.
A.
Upon conviction, a violator shall make available to the
complainant the premises involved. His refusal to do so, if the premises are
available, shall constitute a separate violation.
C.
Any person who aids, abets, counsels, commands, induces
or procures another to violate any of the provisions of this chapter shall
be punishable as a principal.
Nothing herein contained shall prevent any person from instituting proceedings
before any commission or state agency to seek other redress under the applicable
existing laws of the state.
