It is the policy of the City of Española to provide,
within constitutional limitations, for fair housing throughout the
City of Española.
As used in this chapter, the following terms shall have the
meanings indicated:
AGGRIEVED PERSON
Includes any person who:
A.
Claims to have been injured by a discriminatory housing practice;
or
B.
Believes that they will be injured by a discriminatory housing
practice that is about to occur.
CHIEF ELECTED OFFICIAL
The person who holds the highest elected position of the
local unit of government and who is signatory to the Small Cities
Community Development Block Grant agreement with the Local Government
Division.
COMPLAINANT
The person (including the chief elected official) who files a complaint under §
184-10.
DISABLED
With respect to a person, a physical or mental impairment
which substantially limits one or more of such person's major life
activities; a record of having such an impairment; or being regarded
as having such an impairment, but such term does not include current,
illegal use of or addiction to a controlled substance [as defined
in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)].
[Added 11-19-2013 by Ord.
No. 2013-02]
DWELLING
Any building, structure or portion thereof which is occupied
as, designed or intended for occupancy as a residence by one or more
families, and any vacant land which is offered for sale or lease for
the construction or location thereon of any such building, structure
or portion thereof.
FAMILIAL STATUS
One or more individuals (who have not attained the age of
18 years) being domiciled with a parent or another person having legal
custody of such individual or individuals; or the designee of such
parent or other person having such custody, with the written permission
of such parent or other person. The protections afforded against discrimination
on the basis of familial status shall apply to any person who is pregnant,
or is in the process of securing legal custody of any individual who
has not attained the age of 18 years.
FAMILY
Includes a single individual.
PERSON
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries.
RESPONDENT
A.
The person or other entity accused in a complaint of an unfair
housing practice; and
B.
Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under §
184-10.
TO RENT
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises owned by the occupant.
[Amended 11-19-2013 by Ord. No. 2013-02]
As made applicable by §
184-3 and except as exempted by §§
184-3B and
184-7, it shall be unlawful:
A. To refuse to sell or rent after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny, a dwelling to any person because of race,
color, religion, sex, disability, familial status or national origin.
B. To discriminate against any person in the terms, conditions or privileges
of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion,
sex, disability, familial status or national origin.
C. To make, print or publish, or cause to be made, printed or published,
any notice, statement or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion, sex, disability, familial
status or national origin, or an intention to make any such preference,
limitation or discrimination.
D. To represent to any person because of race, color, religion, sex,
disability, familial status or national origin that any dwelling is
not available for inspection, sale or rental when such dwelling is
in fact so available.
E. For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, color, religion, sex, disability, familial status or national
origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
A. In general. It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate related transactions
to discriminate against any person in making available such a transaction,
or in the terms or conditions of such a transaction, because of race,
color, religion, sex, disability, familial status or national origin.
B. Definition. As used in this section, the term "residential real estate
related transaction" means any of the following:
(1) The making or purchase of loans or providing other financial assistance:
(a)
For purchasing, constructing, improving, repairing or maintaining
a dwelling; or
(b)
Secured by residential real estate.
(2) The selling, brokering or appraising of residential real property.
C. Appraisal exemption. Nothing in this chapter prohibits a person engaged
in the business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion, sex,
disability, familial status or national origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
It shall be unlawful to deny any person access to or membership
or participation in any multiple-listing service, real estate brokers'
organization, or other service, organization, or facility relating
to the business of selling or renting dwellings, or to discriminate
against them in the terms or conditions of such access, membership
or participation because of race, color, religion, sex, disability,
familial status or national origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
Nothing in this chapter shall prohibit a religious organization,
association or society or any nonprofit institution or organization
operated, supervised or controlled by, or in conjunction with, a religious
organization, association or society from limiting the sale, rental
or occupancy of dwellings which it owns or operates for other than
a commercial propose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, national origin or disability;
nor shall anything in this chapter prohibit a private club not in
fact open to the public, which as an incident to its primary purpose
or purposes provides lodgings which it owns or operates for other
than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
Immediately after the enactment of this chapter, the chief elected
official shall commence such educational conciliatory activities as
will further the purposes of this chapter. He or she shall call conferences
of persons in the housing industry and other interested parties to
acquaint them with the provisions of this chapter and the suggested
means of implementing it and shall endeavor, with their advice, to
work out programs of voluntary compliance and enforcement.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§
184-3,
184-4,
184-5, or
184-6 of this chapter. This section may be enforced by appropriate civil action.
[Amended 11-19-2013 by Ord. No. 2013-02]
Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with (1) any person
because of that person's race, color, religion, sex, disability, familial
status, or national origin and because he or she is or has been selling,
purchasing, renting, financing, occupying or contracting or negotiating
for the sale, purchase, rental, financing, or occupation of any dwelling,
or applying for or participating in any service organization or facility
relating to the business of selling or renting dwellings; or (2) any
person because they are or have been, or in order to intimidate such
person or any other person or any class of persons from participating,
without discrimination because of race, color, religion, sex, disability,
familial status or national origin, or in any of the activities, services
organizations, or facilities described in Subsection (1); or affording
another person or class of persons opportunity or protection so to
participate; or (3) any citizen because he or she is or has been,
or in order to discourage such citizen or any other citizen from lawfully
aiding or encouraging other persons to participate, without discrimination
on account of race, color, religion, sex, disability, familial status
or national origin, in any of the activities, services, organizations
or facilities described in Subsection (1), or participating lawfully
in speech or peaceful assembly opposing any denial of the opportunity
to so participate, shall be fined not more than $1,000, or imprisoned
not more than one year, or both; and if bodily injury results shall
be fined not more $10,000, or imprisoned not more than 10 years, or
both; and if death results shall be subject to imprisonment for any
term of years or for life and/or to other applicable local, state
or federal laws.