[Ord. No. 562, Art. I, § 1, 1-1-1981]
This chapter shall be known and may be cited as the Fair Housing
Ordinance of Williston, North Dakota.
[Ord. No. 562, Art. I, § 2, 1-1-1981]
It is hereby declared to be the policy of the city and the purpose
of this chapter, in the exercise of its police and regulatory safety
and welfare of the persons in and residing in the city, and for the
maintenance and promotion of commerce, industry, and good government
in Williston, to secure all persons living and/or working or desiring
to live and/or work in the city a fair opportunity to purchase, lease,
rent, or occupy real estate without discrimination based on race,
color, religion, sex, age, marital status, physical limitations, source
of income, family responsibilities, educational association, sexual
orientation, or national origin.
This chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in Section 7.5-2 and the special purposes of the particular provision involved.
[Ord. No. 562, Art. I, § 4, 1-1-1981]
For the purposes of this chapter:
Chronological age.
The fair housing board.
The city commission of Williston.
The fact of being enrolled or not being enrolled at any educational
institution.
The state of being or the potential to become a contributor
to the support of an individual or individuals in a dependent relationship.
Includes sublease, assignment and rental, and includes any
contract to do any of the foregoing.
Any bank, insurance company, savings and loan association,
or any other person in the business of lending money or guaranteeing
loans, any person of obtaining, arranging, or negotiating loans or
guarantees as agent or broker and any person in the business of buying
or selling loans or instruments for the payment of money which are
secured by title to or a security interest in real estate.
The state of being married, unmarried, divorced or widowed.
Includes the national origin of an ancestor.
Any person who holds legal or equitable title to, owns any
beneficial interest in any real property, or who holds legal or equitable
title to shares of, or who holds any beneficial interest in any real
estate cooperative which owns any real property.
A panel comprised of three or more members of the board, designated by the chairman of the board, to investigate and to attempt to conciliate a complaint filed or made under Section 7.5-18 of this chapter.
Includes one or more individuals, corporations, partnerships,
associations, legal representatives, mutual companies, unincorporated
organizations, trusts, trustees, trustees in bankruptcy, receivers
and fiduciaries.
A limitation of physical capabilities unrelated to one's
ability to safely perform the work involved in jobs or positions available
to such person for hire or promotion or a limitation of physical capabilities
unrelated to one's ability to acquire, rent and maintain property.
Physical limitation includes, but is not limited to, blindness or
partial sightedness, deafness or hearing impairment, muteness, partial
or total absence of physical member, speech impairment and motor impairment.
Includes any contract to purchase.
Any real estate broker, any real estate salesman and any
other person who, as employee or agent or otherwise, engages in the
management or operation of any real property.
Any person licensed as a real estate broker in accordance
with the provisions of Chapter 43.23, North Dakota Century Code or
required thereby to be so licensed.
The purchase, sale, exchange, rental or lease of any real
property or an option to do any of the foregoing.
Any real estate, vacant land, building, or structure, or
any part thereof, within the city limits.
Includes any contract to sell, exchange, or to convey, transfer,
or assign legal or equitable title to or a beneficial interest in
real property.
Any male or female homosexuality, heterosexuality or bisexuality,
by preference or practice.
Any legal source from which a person obtains money.
[Ord. No. 562, Art. II, § 5, 1-1-1981]
It shall be an unlawful housing practice and a violation of
this chapter for any real estate broker, salesman, agent, owner, or
other person to sell or rent, or offer to sell or rent a real property
on terms, conditions, or privileges that discriminate between persons
because of race, color, religion, sex, age, marital status, physical
limitations, source of income, family responsibilities, educational
association, sexual orientation or national origin.
[Ord. No. 562, Art. II, § 6, 1-1-1981]
It shall be an unlawful real estate practice and a violation
of this chapter for any real estate broker, salesman, agent, owner
or other person to refuse to negotiate for, enter into, or perform
any sale or lease of any real property because of the race, color,
religion, sex, age, marital status, physical limitations, source of
income, family responsibilities, educational association, sexual orientation,
or natural origin.
[Ord. No. 562, Art. II, § 7, 1-1-1981]
It shall be an unlawful real estate practice and a violation
of this chapter for any real estate broker, salesman, agent, owner,
or other person to represent to any person that any real property
is not available for inspection, purchase, sale, lease, or occupancy
when in fact it is so available for inspection, purchase, sale, lease,
or occupancy because of race, color, religion, sex, age, marital status,
physical limitations, source of income, family responsibilities, educational
association, sexual orientation, or national origin of the person.
[Ord. No. 562, Art. II, § 8, 1-1-1981]
It shall be an unlawful real estate practice and a violation
of this chapter for any real estate broker, salesman, agent, owner,
or other person to publish or circulate a statement, advertisement
or notice or to post or erect any sign or notice upon any real property
indicating any intent to sell or lease any real property in a manner
that is unlawful under this article.
[Ord. No. 562, Art. II, § 9, 1-1-1981]
It shall be unlawful real estate practice and a violation of
this chapter for any real estate broker, salesman, agent or other
person to refuse to receive or to fail to transmit a bonafide offer
for the purchase, sale, exchange, or lease of any real property because
of the race, color, religion, sex, age, marital status, physical limitations,
source of income, family responsibilities, educational association,
sexual orientation, or national origin of person making such offer.
[Ord. No. 562, Art. III, § 10, 1-1-1981]
It shall be an unlawful real estate practice and a violation
of this chapter for any lending institution to refuse to negotiate
for, enter into, or perform any agreement to lend or guarantee the
loan of funds or in making, agreeing to make, arranging or negotiating
any loan or guarantee of funds for the purpose of financing the purchase
or sale, construction, lease, rehabilitation, improvement, renovation,
or repair of any real property, or to offer or agree to terms, conditions,
or privileges that discriminate between persons because of race, color,
religion, sex, age, marital status, physical limitations, source of
income, family responsibilities, educational association, sexual orientation,
or national origin of any party to such agreement, or of any member
of the family of any such party or of the residents of the area in
which such real property is located.
[Ord. No. 562, Art. III, § 11, 1-1-1981]
Every real estate broker shall apply for and obtain a license
from the North Dakota Real Estate Commission prior to transacting
any business involving real estate as a real estate broker and prior
to advertising or assuming to act as such real estate broker, as provided
for under North Dakota Century Code 43.23.
[Ord. No. 562, Art. IV, § 12, 1-1-1981]
(a)
It shall be an unlawful real estate practice and a violation of this
chapter for any real estate broker, salesman, agent, owner, or other
person, for the purpose of inducing any other person to enter into
a real estate transaction with such person, his principal, or his
agent, to:
(1)
Represent that a change has occurred, will occur, or may occur
with respect to race, color, religion, sex, age, marital status, physical
limitations, source of income, family responsibilities, educational
association, sexual orientation, or national origin in the composition
of the owners or occupants in any block, neighborhood, or area in
which the real property (which is the subject of the real estate transaction)
is located or
(2)
Represent that a change with respect to the race, color, religion,
sex, age, marital status, physical limitations, source of income,
family responsibilities, educational association, sexual orientation,
or national origin in the composition of the owners or occupants in
any block, neighborhood, or area will result in the lowering of property
values, or in an increase in criminal or antisocial behavior, or in
a decline in the quality of schools in such blocks, neighborhood,
or area.
[Ord. No. 562, Art. IV, § 13, 1-1-1981]
(a)
It shall be an unlawful real estate practice and a violation of this
chapter for any real estate broker, salesman, agent, owner, or any
other person:
(1)
To aid, abet, incite, or coerce a person to commit an unlawful
real estate practice under this chapter.
(2)
To purchase, lease, or rent real estate for residential purposes,
or authorize and direct one in his employment or on his behalf to
do so, or solicit any other person to do so on this behalf for the
specific reason and intention of preventing any other person or persons
from purchasing, renting, leasing, or occupying such residential real
estate by reason of the race, color, religion, sex, age, marital status,
physical limitations, source of income, family responsibilities, educational
association, sexual orientation, or national origin of such person
or persons.
(3)
To deliberately and knowingly refuse examination of copies of
any listing of real property in Williston to any person because of
race, color, religion, sex, age, marital status, physical limitations,
source of income, family responsibilities, educational association,
sexual orientation, or national origin.
(4)
To enter into a listing agreement which prohibits the inspection,
sale, lease, or occupancy of real property to any person because of
race, color, religion, sex, age, marital status, physical limitations,
source of income, family responsibilities, educational association,
sexual orientation, or national origin.
(5)
To knowingly and willfully interfere with the performance of
a duty or the exercise of a power by the board or one of its members
or representatives.
(6)
To willfully obstruct or prevent or attempt to obstruct or prevent
a person from complying with the provisions of this chapter or an
order issued thereunder.
[Ord. No. 562, Art. V, § 14, 1-1-1981]
There is hereby created a fair housing board which shall consist
of five members as hereinafter provided.
[Ord. No. 562, Art. V, § 15, 1-1-1981]
All five members of the board shall be appointed from the community
at large and shall be citizens who are willing to expend the time
and effort necessary to carry out the duties of the board.
[Ord. No. 562, Art. V, § 16, 1-1-1981]
Members shall be appointed by the mayor subject to the approval
of the city council. In the first instance, three members shall be
appointed for a term of three years, one for a term of two years,
and one for a term of one year. Thereafter, each member appointed
shall serve for a term of three years or until his successor is duly
appointed and qualified. The board shall elect one of its members
to be its chairman. Three members shall constitute a quorum, but the
concurrence of the majority of the entire board (obtained either at
a meeting of the board or in a poll conducted by the chairman) shall
be necessary for board action.
[Ord. No. 562, Art. V, § 17, 1-1-1981]
(a)
The board shall have and exercise the following duties and powers:
(1)
To act to eliminate unlawful real estate practices that violate
this chapter.
(2)
To act to assure to persons living, working, or desiring to
live in the city, the opportunity to purchase, lease or occupy real
property without discrimination because of race, color, religion,
age, sex, marital status, physical limitations, source of income,
family responsibilities, educational association, sexual orientation,
or national origin.
(3)
To receive and investigate complaints alleging unlawful real
estate practices in violation of this chapter.
(4)
To attempt elimination of unfair real estate practices by conciliation,
conference and/or persuasion.
(5)
To hold public hearings in the event that its efforts under
paragraph (4) above are ineffective or where it seems that such efforts
will be ineffective.
(6)
To instruct the city attorney to commence appropriate court
action against those the board has found to be in violation of this
chapter.
(7)
To recommend to the North Dakota Real Estate Commission suspension
and/or revocation of licenses of real estate brokers in accordance
with the requirements of this chapter.
(8)
To render from time to time but not less than every 12 months,
a written report to the city council of its activities and recommendations
with respect to fair real estate practices, which written reports
shall be made public after submission to the city council.
(9)
To exercise such other powers as are vested in the board by
other sections of this chapter and to adopt such rules and regulations
as may be necessary to carry out the purposes of this chapter.
[Ord. No. 562, Art. V, § 18, 1-1-1981]
(a)
Any person aggrieved in any manner of any violation of any provision
of this chapter may file with the board a written verified complaint
setting forth his grievance. The complaint shall state:
(1)
The name and address of the complainant;
(2)
The name and address of the person against whom the complaint
is brought, if known to the complainant;
(3)
The alleged facts surrounding the alleged violation of this
chapter;
(4)
The names and addresses of all persons believed to have knowledge
concerning the alleged facts.
(b)
After the filing of any complaint, the board shall serve a copy of the complaint on the party or parties charged and the chairman of the board shall designate a panel, as defined in Section 7.5-4 of this chapter, to make a prompt investigation in connection therewith.
(c)
If such panel shall determine after such investigation that probable
cause exists for the allegations of the complaint:
(1)
The chairman of the board shall set a time and date for a conference
with the board; said conference shall be private.
(2)
At such conference, the board shall interview the complainant
and the person or persons against whom the complaint has been directed
and shall attempt to resolve the complaint by all proper methods of
conciliation and persuasion.
(d)
If, at any time after the date of filing of the complaint, the board shall determine that such attempt at conciliation and persuasion would not be in furtherance of the objectives of this chapter, the board shall thereupon proceed promptly to a full hearing on the complaint in accordance with Section 7.5-19 below.
[Ord. No. 562, Art. V, § 19, 1-1-1981]
Such hearings shall be conducted by the entire board or a quorum
thereof upon 10 days' notice to all parties. The board shall
not be bound by the strict rules of evidence prevailing in courts
of law or equity.
The board shall have power to administer oaths and to take sworn
testimony. The board shall have the power to subpoena witness and
pertinent documents, which power may be enforced by the board by proper
petition to the district court of the county where the complainant
resides. The complainant and any party alleged to have violated this
chapter shall be entitled to be represented by counsel and shall have
the right to call witnesses on his own behalf and to cross-examine
witnesses.
[Ord. No. 562, Art. V, § 20, 1-1-1981]
(a)
If, upon all the evidence at the hearing, the board finds that the
person complained of has violated any of the provisions of this chapter,
the board shall state its findings of fact and shall issue and cause
to be served upon such person, an order requiring such person to cease
and desist from such violation, and to take such affirmative or other
action as, in the judgment of the board, will effectuate the purpose
of this chapter, including a report of the manner of compliance.
(b)
If, upon all the evidence at the hearing, the board finds that the
person complained of has not violated any of the provisions of this
chapter, the board shall state its findings of the fact and shall
issue and cause to be served upon the complainant an order dismissing
the complaints.
(c)
The board shall retain jurisdiction of the case until it is satisfied
the person to whom the order was directed has complied. The order
of the board and its findings of fact shall be issued within 30 days
after the filing of the complaint and shall be delivered to the complainant,
the person charged, and the mayor of the city.
(d)
The board shall be empowered at the conclusion of the proceedings held under Section 7.5-19 to instruct the city attorney to do any one or more of the following:
(1)
To institute and prosecute proceedings in a court of competent jurisdiction to enforce against any person found in violation of this chapter the fine provided for in Section 7.5-25.
(3)
To petition or institute proceedings with the North Dakota Real
Estate Commission for the purpose of causing the commission to revoke,
suspend, or refuse to renew the license granted by such commission
to any real estate broker or real estate salesman found to have violated
any provision of this chapter.
(e)
The board is also empowered at the conclusion of such proceedings
to recommend to the North Dakota Real Estate Commission suspension
and/or revocation of the broker's license of any broker licensed
by the North Dakota Real Estate Commission against whom a complaint
shall have been filed and who shall have been a party to any proceedings
thus filed and found guilty of violating any applicable provision
of this chapter.
[Ord. No. 562, Art. V, § 21, 1-1-1981]
Any complaint filed hereunder with the board must be filed within
60 days after the alleged discriminatory practice occurred or it shall
be barred.
[Ord. No. 562, Art. VI, § 22, 1-1-1981]
(a)
Any person aggrieved in any manner by the violation of any provision of this chapter who has exhausted the remedies provided in sections 7.5-18 and 7.5-19 of this chapter may apply to any court of competent jurisdiction for appropriate relief from such violation, including:
(1)
An order compelling compliance with this chapter;
(2)
An order to prohibit any person found by the court to have violated
any provision of this chapter from the sale, lease, exchange, transfer,
conveyance, or assignment of any dwelling or housing which is the
subject of such violation;
(3)
An order requiring specific performance of any contract for
the sale, lease, exchange, transfer, conveyance, or assignment of
any dwelling or housing, by any person who in violation of this chapter
refuses or fails to perform such contract;
(4)
Compensatory damages and, if appropriate, punative damages;
(5)
Such other and further relief as may seem appropriate to the
court for the enforcement of this chapter and the elimination of violations
thereof.
[Ord. No. 562, Art. VI, § 23, 1-1-1981]
Any complainant under this chapter may apply to a court of competent
jurisdiction for an order temporarily prohibiting any transaction
affecting the real property which is the subject of the complainant's
pending complaint under this chapter prior to final determination
by the board where the owner of said property is one of the parties
complained of.
[Ord. No. 562, Art. VI, § 24, 1-1-1981]
Any party, complainant, or person aggrieved by an order of the
board shall have the right to obtain judicial review of such order.
[Ord. No. 562, Art. VII, § 25, 1-1-1981]
Any person violating any provision of this chapter may, in addition
to revocation or suspension of the license herein required or in there
of, be fined not less than $100 nor more than $500 for each offense.
