[Adopted 3-31-2016 by Ord. No. 2016-02]
WHEREAS, equal access to housing in all neighborhoods in peaceful
and orderly fashion is the right of all people and promotes the public
safety, health and welfare in the City of Weatherford, Oklahoma;
Be it ordained by the Board of Commissioners of the City of
Weatherford, Oklahoma.
I. Definitions.
DWELLING
Means any building, structure or portion thereof which is
occupied as or designed or intended for occupation 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.
FAMILY
Includes a single individual.
PERSON
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint- stock companies, trusts, and unincorporated organizations,
trustees in bankruptcy, receivers and fiduciaries.
TO RENT
Includes to lease, to sublease, to let or otherwise to grant
for a consideration the right to occupy premises owned by the occupant.
III. Unlawful Practices. Subject to the provisions of subsection B and
Section VII, the prohibitions against discrimination in the sale or
rental of housing set forth in Section III shall apply to:
A. All dwellings except as exempted by subsection B.
B. Nothing in Section IV shall apply to:
1.
Any single-family house sold or rented by an owner, provided
that such private individual owner does not own more than three such
single-family houses at any one time; provided further that, in the
case of the sale of any such single-family house by a private individual
owner not residing in such house at the time of such sale or who was
not the most recent resident of such house prior to such sale, the
exemption granted by this subsection shall apply only with respect
to one such sale within any twenty-four-month period; provided further
that such bona fide private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express
or voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of more than three such single-family
houses at any one time; provided further that the sale or rental of
any such single-family house shall be excepted from the application
of this Title only if such house is sold or rented:
a.
Without the use in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent or
salesman or of such facilities or services of any person in the business
of selling or renting dwellings or of any employee or agent of any
such facilities or services of any person in the business of selling
or renting dwellings or of any employee or agent of any such broker,
agent, salesman or person; and,
b.
Without the publication, posting or mailing, after notice, of
any advertisement or written notice in violation of Section IV.C of
this Ordinance. However, nothing in this provision shall prohibit
the use of attorneys, escrow agents, abstractors, title companies
and other such professional assistance as is necessary to perfect
or transfer the title; or
2.
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
such living quarters as his residence.
C. For the purposes of subsection B, a person shall be deemed to be
in the business of selling or renting dwellings if:
1.
He has, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein;
2.
He has, within the preceding 12 months, participated as an agent,
other than in the sale of his own personal residence, in providing
sales or rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any dwelling or any interest
therein; or
3.
He is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five or more families.
IV. Discrimination in the Sale or Rental of Housing. As made applicable
by Section III and except as exempted by Sections IIIB and VII, 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, sex,
color, religion, national origin, disability or familial status.
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, sex, color, religion,
national origin, disability or familial status.
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, sex, color, religion, national origin,
disability or familial status or an intention to make any such preference,
limitation or discrimination.
D. To represent to any person because of race, sex, color, religion,
national origin, disability or familial status that any dwelling is
not available for inspection, sale or rental when such dwelling is,
in fact, so available.
E. To induce or attempt to induce any person to sell or rent any dwelling,
for profit, by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, sex, color, religion, national origin, disability or familial
status.
V. Discrimination in Financing or Housing. It shall be unlawful for
any bank, building and loan association, insurance company or other
corporation, association, firm or enterprise whose business consists
in whole or in part in the making of commercial real estate loans
to deny a loan or other financial assistance to a person applying
therefor for the purpose of purchasing, constructing, improving, repairing
or maintaining a dwelling or to discriminate against him in the fixing
of the amount, interest rate, duration or other terms or conditions
of such loan or other financial assistance because of race, sex, color,
religion, national origin, disability or familial status of such person
or of any person associated with him in connection with such loan
or other financial assistance or the purposes of such loan or other
financial assistance or of the present or prospective owners, lessees,
tenants or occupants of the dwelling or dwellings in relation to which
such loan or other financial assistance is to be made or given, provided
that nothing contained in this section shall impair the scope or effectiveness
of the exception contained in Section IIIB.
VI. Discrimination in the Provision of Brokerage Services. It shall be
unlawful to deny any person access to or membership or participation
in any multiple-listing service, rental or facility relating to the
business of selling or renting dwellings or to discriminate against
him in the terms or conditions of such access, membership or participation
on account of race, sex, color, religion, national origin, disability
or familial status.
VII. Exemption. Nothing in this Ordinance shall prohibit a religious organization,
association or society or any non-profit 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 purpose to persons of the same religion or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, sex, color, national origin, disability
or familial status. Nor shall anything in this Ordinance 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 it members or from giving
preference to its members.
VIII.
Administration.
A. The authority and responsibility for administering the Ordinance
shall be in the Chief Executive Officer of the City of Weatherford.
B. The Chief Executive Officer may delegate any of these functions,
duties and powers to employees of the City or to boards of such employees,
including functions, duties and powers, with respect to investigating,
conciliating, hearing, determining, ordering, certifying, reporting
or otherwise acting as to any work, business or matter under this
Ordinance. The Chief Executive Officer shall, by rule, prescribe such
rights of appeal from the decisions of his hearing examiners to other
hearing examiners or to other officers in the City, to boards of officers
or to himself, as shall be appropriate and in accordance with law.
C. All executive departments and agencies shall administer their programs
and activities relating to housing and urban development in a manner
to affirmatively further the purposes of this Ordinance and shall
cooperate with the Chief Executive Officer to further such purposes.
IX. Education and Conciliation. Immediately after the enactment of this
Ordinance, the Chief Executive Officer shall commence such educational
and conciliatory activities as will further the purposes of this Ordinance.
He shall call conferences of persons in the housing industry and other
interested parties to acquaint them with the provisions of this Ordinance
and his suggested means of implementing it and shall endeavor, with
their advice, to work out programs of voluntary compliance and of
enforcement.
X. Enforcement.
A. Any person who claims to have been injured by a discriminatory housing
practice or who believes that he will be irrevocably injured by a
discriminatory housing practice that is about to occur (hereafter
"person aggrieved") may file a complaint with the Chief Executive
Officer. Complaints shall be in writing and shall contain such information
and be in such form as the Chief Executive Officer requires. Upon
receipt of such a complaint, the Chief Executive Officer shall furnish
a copy of the same to the person or persons who allegedly committed
or are about to commit the alleged discriminatory housing practice.
Within 30 days after receiving a complaint or within 30 days after
the expiration of any period of reference under subsection C, the
Chief Executive Officer shall investigate the complaint and give notice
in writing to the person aggrieved whether he intends to resolve it.
If the Chief Executive Officer decides to try to eliminate or correct
the alleged discriminatory housing practice by informal methods of
conference, conciliation and persuasion, nothing said or done in the
course of such informal endeavors may be made public or used as evidence
in a subsequent proceeding under this Ordinance without the written
consent of the persons concerned.
B. A complaint under subsection A shall be filed within 180 days after
the alleged discriminatory housing practice occurred. Complaints shall
be in writing and shall state the facts upon which the allegations
of a discriminatory housing practice are based. Complaints may be
reasonably and fairly amended at any time. A respondent may file an
answer to the complaint against him and, with the leave of the Chief
Executive Officer which shall be granted whenever it would be reasonable
and fair to do so, may amend his answer at any time. Both complaints
and answers shall be verified.
C. If, within 30 days after a complaint is filed with the Chief Executive
Officer, the Chief Executive Officer has been unable to obtain voluntary
compliance with this Ordinance, the person aggrieved may, within 30
days thereafter, file a complaint with the Secretary of the Department
of Housing and Urban Development. The Chief Executive Officer will
assist in this filing.
D. If the Chief Executive Officer has been unable to obtain voluntary
compliance within 30 days of the complaint, the person aggrieved may,
within 30 days thereafter, commence a civil action in any appropriate
court against the respondent named in the complaint to enforce the
rights granted or protected by this Ordinance insofar as such rights
relate to the subject of the complaint. If the court finds that a
discriminatory housing practice has occurred or is about to occur,
the court may enjoin the respondent from engaging in such practice
or order such affirmative action as may be appropriate.
E. In any proceedings brought pursuant to this section, the burden of
proof shall be on the complainant.
F. Whenever an action by an individual shall come to trial, the Chief
Executive Officer shall immediately terminate all efforts to obtain
voluntary compliance.
XI. Investigations, Subpoenas, Giving of Evidence.
A. In conducting an investigation, the Chief Executive Officer shall
have access at all reasonable times to premises, records, documents,
individuals and other evidence or possible sources of evidence and
may examine, record and copy such materials and take and record the
testimony or statement of such persons as are reasonably necessary
for the furtherance of the investigation; provided, however, that
the Chief Executive Officer first complies with the provisions of
the Fourth Amendment relating to unreasonable searches and seizures.
The Chief Executive Officer may issue subpoenas to compel his access
to or the production of such materials or the appearance of such persons
and may issue interrogatories to a respondent to the same extent and
subject to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in
the United States District Court for the district in which the investigation
is taking place. The Chief Executive Officer may administer oaths.
B. Upon written application to the Chief Executive Officer, a respondent
shall be entitled to the issuance of a reasonable number of subpoenas
by and in the name of the Chief Executive Officer to the same extent
and subject to the same limitations as subpoenas issued by the Chief
Executive Officer himself. Subpoenas issued at the request of a respondent
shall show on their face the name and address of such respondent and
shall state that they were issued at his request.
C. Witnesses summoned by subpoena of the Chief Executive Officer shall
be entitled to the same witness and mileage fees as are witnesses
in proceedings in United States District Courts. Fees payable to a
witness summoned by a subpoena issued at the request of a respondent
shall be paid by him. Within five days after service of a subpoena
upon any person, such person may petition the Chief Executive Officer
to revoke or modify the subpoena. The Chief Executive Officer shall
grant the petition if he finds that the subpoena requires appearance
or attendance at an unreasonable time or place, that it requires production
of evidence which does not relate to any matter under investigation,
that it does not describe with sufficient particularity the evidence
to be produced, that compliance would be unduly onerous or for other
good reason.
D. In case of contumacy or refusal to obey a subpoena, the Chief Executive
Officer or other person at whose request it was issued may petition
for its enforcement in the Municipal or State Court for the District
in which the person to whom the subpoena was addressed resides, was
served or transacts business.
E. Any person, firm or corporation who shall fail to do anything required by this Ordinance or by any code adopted by this Ordinance, who shall otherwise violate any provision of this Ordinance or of any code adopted by this Ordinance, or who shall violate any lawful regulation or order made by any of the officers provided for in this Ordinance, shall be guilty of an offense and, upon conviction thereof, shall be punished by fine and costs as provided for in Section
9-31 of this Code. Each day upon which a violation continues shall be deemed a separate offense. In addition to any fine or imprisonment, any license issued hereunder may be revoked.
F. The City Attorney shall conduct all litigation in which the Chief
Executive Officer participates as a party or as amicus pursuant to
this Ordinance.
XII. Enforcement by Private Persons.
A. The rights granted herein by Sections III, IV, V and VI may be enforced
by civil actions in State or local courts of general jurisdiction.
A civil action shall be commenced within 180 days after the alleged
discriminatory housing practice occurred; provided, however, that
the court shall continue such civil case brought pursuant to this
Section or Section X.D. from time to time before bringing it to trial
if the court believes that the conciliation efforts of the Chief Executive
Officer are likely to result in satisfactory settlement of the discriminatory
housing practice complained of in the complaint made to the Chief
Executive Officer and which practice forms the basis for the action
in court; and provided, however, that any sale, encumbrance or rental
consummated prior to the issuance of any court order issued under
the authority of this Ordinance and involving a bona fide purchaser,
encumbrancer or tenant, without actual notice of the existence of
the filing of a complaint or civil action under the provisions of
this Ordinance, shall not be affected.
XIII.
Interference, Coercion or Intimidation. 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 Sections III, IV, V or XI. This Section may be enforced by appropriate
civil action.
XIV. Separability of Provisions. If any provision of this Ordinance or
the application thereof to any person or circumstance is held invalid,
the remainder of the Ordinance and the application of the provision
to other persons not similarly situated or to other circumstances
shall not be affected thereby.
XV. Prevention of Intimidation in Fair Housing Cases. 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:
A. Any person because of his race, sex, color, religion, national origin,
disability or familial status and because he 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,
B. Any person because he is or has been or in order to intimidate such
person or any other person or class of persons from:
1. Participating without discrimination on account of race, sex, color,
religion, national origin, disability or familial status in any of
the activities, services, organizations or facilities described in
subsection XV.A; or
2. Affording another person or class of person's opportunity or protection
so to participate.
C. Any citizen because he 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,
sex, color, religion, national origin, disability or familial status,
in any of the activities, services, organizations or facilities described
in subsection XV.A or from participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to participate.
Passed, Approved and Adopted by majority vote of all members
present at a regular monthly meeting of the Board of Commissioners
of the said City of Weatherford, Oklahoma, held on the 31st day of
March, 2016, as Ordinance No. 2016-02.
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