[Ord. 899, 2-1-1999]
It is the policy of the City to provide, within constitutional
limitations, for fair housing throughout the City.
[Ord. 899, 2-1-1999]
Any building, structure or portion thereof which is occupied
as or 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.
Includes a single individual.
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, unincorporated organizations, trustees
in bankruptcy, receivers and fiduciaries.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises owned by the occupant.
[Ord. 899, 2-1-1999]
Subject to the provisions of Subsection B of this Section and Section 5-807 of this chapter, the prohibitions against discrimination in the sale or rental of housing set forth in this Section shall apply to:
B.
Nothing in Section 5-804 of this chapter 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
chapter 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 Subsection 5-804C of this chapter.
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 of this Section, 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.
[Ord. 899, 2-1-1999]
As made applicable by Section 5-803 of this chapter and except as exempted by Subsection 5-803B and Section 5-807 of this chapter, 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
or national origin 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.
[Ord. 899, 2-1-1999]
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 the 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 Subsection 5-803B of this chapter.
[Ord. 899, 2-1-1999]
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.
[Ord. 899, 2-1-1999]
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 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 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.
[Ord. 899, 2-1-1999]
A.
The authority and responsibility for administering this chapter shall
be in the Chief Executive Officer of the City.
B.
The Chief Executive Officer may delegate any of these functions,
duties and powers to employees of the City or 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
chapter. 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 chapter and shall cooperate
with the Chief Executive Officer to further such purposes.
[Ord. 899, 2-1-1999]
Immediately after the enactment of this chapter, the Chief Executive
Officer shall commence such educational and conciliatory activities
as will further the purpose of this chapter. He shall call conferences
of persons in the housing industry and other interested parties to
acquaint them with the provisions of this chapter and his suggested
means of implementing it and shall endeavor, with their advice, to
work out programs of voluntary compliance and of enforcement.
[Ord. 899, 2-1-1999]
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 of this Section, 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 resolve the complaint, he shall proceed 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 chapter without the written consent of the persons concerned. Any employee of the Chief Executive Officer who shall make public any information in violation of this provision shall, upon conviction, be fined not more than $200 or imprisoned not more than 30 days.
B.
A complaint under Subsection A of this Section 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 chapter, 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 chapter 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 filed by an individual shall come to trial, the
Chief Executive Officer shall immediately terminate all efforts to
obtain voluntary compliance.
[Ord. 899, 2-1-1999]
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.
D.
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.
E.
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.
F.
Any person who wilfully fails or neglects to attend and testify or
to answer any lawful inquiry or to produce records, documents or other
evidence, if in his power to do so, in obedience to the subpoena or
lawful order of the Chief Executive Officer shall be fined not more
than $200 or imprisoned not more than 30 days, or both. Any person
who, with intent to mislead the Chief Executive Officer, shall make
or cause to be made any false entry or statement of fact, in any report,
account, record or other document submitted to the Chief Executive
Officer pursuant to his subpoena or other order or shall wilfully
neglect or fail to make or cause to be made full, true and correct
entries in such reports, accounts, records or other documents or shall
wilfully mutilate, alter or by any other means falsify any documentary
evidence shall be fined not more than $200 or imprisoned not more
than 30 days, or both.
G.
The City Attorney shall conduct all litigation in which the Chief
Executive Officer participates as a party or as amicus pursuant to
this chapter.
[Ord. 899, 2-1-1999]
A.
The rights granted by Sections 5-803, 5-804, 5-805 and 5-806 of this chapter 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 Subsection 5-810D of this chapter 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 authority of this chapter 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 chapter, shall not be affected.
B.
The court may grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order or other order
and may award to the plaintiff actual damages and not more than $1,000
punitive damages, together with court costs and reasonable attorney
fees in the case of a prevailing plaintiff, provided that the said
plaintiff, in the opinion of the court, is not financially able to
assume said attorney fees.
[Ord. 899, 2-1-1999]
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 Section 5-803, 5-804, 5-805 or 5-806 of this chapter. This Section may be enforced by appropriate civil action.
[Ord. 899, 2-1-1999]
Whoever, whether or not acting under color of law, by force
or threat of force wilfully injures, intimidates or interferes with
or attempts to injure, intimidate or interfere with:
A.
Any person because of his race, 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 any 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 A of this Section; or
2.
Affording another person or class of persons opportunity or protection
so to participate; or
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 A of this Section or from participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be fined not more than $200 or imprisoned not more than 30 days, or both; and if bodily injury results, shall be fined not more than $200 or imprisoned not more than 30 days, or both; and if death results, shall be subject to imprisonment for any term of years or for life.
