(a)
It
is hereby declared to be the policy of the city to bring about, through
fair, orderly and lawful procedures, the opportunity for each person
to obtain housing without regard to race, color, religion, national
origin, sex, handicap or familial status.
(b)
It
is further declared that this policy is based upon a recognition of
the right of every person to have access to adequate housing of a
person’s own choice without regard to race, color, religion,
national origin, handicap or familial status; and, further, that the
denial of such right through considerations based upon race, color,
religion, national origin, sex, handicap or familial status is detrimental
to the health, safety and welfare of the inhabitants of the city and
constitutes an unjust denial or deprivation of such rights which is
within the power and proper responsibility of government to prevent.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-30)
As used in this division, the following terms shall have the
respective meanings ascribed to them:
The fair housing administrator as designated in this division,
and any authorized representatives.
Any building, structure or portion thereof which is occupied
as, or designed and intended for occupancy as, a residence by one
(1) 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 to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-31)
(a)
The
city manager shall act as administrator or appoint some other competent
person as the fair housing administrator, who shall have the responsibility
for implementing this division.
(b)
The
fair housing administrator shall be provided with sufficient staff
to perform the duties as required by this division.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-32)
(a)
There shall be exempted from the application of section 1.04.035:
(1)
Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three (3) single-family houses, wherever located, 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 such owner’s 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 (3) such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of section 1.04.035 only if such house is sold or rented:
(A)
Without the use in any manner of the sale or rental facilities or
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 broker,
agent, salesman or person; and
(B)
Without the publication, posting or mailing of any advertisement or written notice in violation of section 1.04.035(3);
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but nothing in this section shall prohibit the use of attorneys,
escrow agents, abstractors, title companies and other such professional
assistance as necessary to perfect the transfer of title.
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(2)
The rental of rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four (4) families
living independently of each other if the owner actually maintains
and occupies one of such living quarters as the owner’s residence.
(b)
Nothing
in this division 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, color, national origin, sex, handicap or familial
status.
(c)
Nothing
in this division shall 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.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-34; Ordinance 07-038, sec. 2, adopted 4/3/07)
Except as exempted by section 1.04.034, it shall be unlawful for any person:
(1)
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, national origin, sex, handicap or familial status.
(2)
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,
national origin, sex, handicap or familial status.
(3)
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, national origin, sex,
handicap or familial status or an intention to make any such preference,
limitation or discrimination.
(4)
To
represent to any person because of race, color, religion, national
origin, sex, handicap or familial status that any dwelling is not
available for inspection, sale or rental when such dwelling is in
fact so available.
(5)
To
profit, or with the hope or expectation of profit, by inducing or
attempting 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, national
origin, sex, handicap or familial status.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-33)
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
a person in the terms or conditions of such access, membership or
participation, on account of race, color, religion, national origin,
sex, handicap or familial status.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-35)
It shall be unlawful for any bank, savings 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 any person 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, color, religion, national origin, sex, handicap
or familial status of such person or of any person associated with
such [person] in connection with such loan or other financial assistance,
or of the present or prospective owners, lessees, tenants or occupants
of the dwelling or a dwelling in relation to which such loan or other
financial assistance is to be made or given.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-36)
(a)
Any
person who claims to have been injured by a discriminatory housing
practice or who believes that an irrevocable injury resulting from
a discriminatory housing practice is about to occur (hereafter referred
to as “person aggrieved”) may file a complaint with the
administrator. Any complaints shall be in writing and shall identify
the person alleged to have committed or alleged to be about to commit
the discriminatory housing practice and shall set forth the particulars
thereof. The administrator is directed to prepare and adopt from time
to time standard complaint forms and to furnish them upon request,
without charge, to any person aggrieved. The administrator and employees
of that office may assist in the clerical preparation of such complaints.
(b)
The
administrator shall receive and accept notification and referral of
complaints from the Secretary of the United States Department of Housing
and Urban Development pursuant to the provisions of Title VIII, Fair
Housing Act of 1968, Public Law 90-284, and shall treat such complaints
in the same manner as complaints filed directly by the person aggrieved.
(c)
If,
in the course of any investigation of a complaint filed with or referred
to the administrator, credible evidence is received and the administrator
has probable cause to believe that the person or persons named in
such complaint have committed a discriminatory housing practice not
stated in such complaint, the administrator may prepare and file a
supplementary complaint and such supplementary complaint shall thereafter
be treated in the same manner as an original complaint filed by a
person aggrieved.
(d)
If
at any time the administrator shall receive or discover credible evidence
and shall have probable cause to believe that any person has committed
a discriminatory housing practice as to which no complaint has been
filed or is about to be filed, the administrator may prepare and file
a complaint, and such complaint shall thereafter be treated in the
same manner as a complaint filed by a person aggrieved.
(e)
Upon
the filing or referral of any complaint, the administrator shall furnish
a copy of the same to the persons named in the complaint.
(f)
A complaint under subsections (a), (c), (d), and (e) of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably or fairly amended at any time. A respondent may file an answer to the complaint and, with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend the answer at any time. A copy of any amendment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answers shall be signed by the persons making them.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-37)
(a)
Upon
the filing of a complaint valid on its face as herein provided, the
administrator shall cause to be made a prompt investigation of the
matter stated in the complaint.
(b)
In
connection with such investigation, the administrator may question
and take and record testimony and statements of such persons who appear,
and may examine, record and copy documents which are produced.
(c)
During
or after the investigation, the administrator shall, if it appears
that a discriminatory housing practice has occurred, or is about to
occur, attempt by informal endeavors to effect conciliation, including
voluntary discontinuance or rectification of the discriminatory housing
practice and voluntary compliance and adequate assurance of future
voluntary compliance with the provisions of this division.
(d)
In
the event conciliation is effected, the administrator shall disclose
nothing said or done in the course of such conciliation in such a
way as to make public identification of the persons named in the complaint
without the written consent of the person concerned.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-38)
Upon completion of the investigation and informal endeavors
at conciliation by the administrator, but within thirty (30) days
of the filing of the complaint with the administrator, and if the
administrator has concluded that a discriminatory housing practice
has occurred, and the efforts of the administrator to secure voluntary
compliance have been unsuccessful, the administrator may certify in
writing to the city attorney that such discriminatory housing practice
has occurred and request the city attorney to forthwith prosecute
such violation in municipal court.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-39)
(a)
Upon
certification by the administrator, the city attorney may institute
a charge in municipal court and prosecute the same to final conclusion
as rapidly as practicable.
(b)
It
is the intent of this division to increase the available remedies
which citizens may have to insure their rights under federal, state
or local statutory or case law. Therefore nothing in this division
shall be construed as an administrative prerequisite to a citizen
pursuing rights under any other federal, state or local statute, case
decision or administrative ruling.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-40)
In order to further the objectives of this division, the administrator
may conduct educational and public information programs designed to
acquaint the general public with the provisions and objectives of
this division.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-41)
The administrator is authorized and encouraged to cooperate
with the Secretary of the United States Department of Housing and
Urban Development pursuant to the provisions of Title VIII, Fair Housing
Act of 1968, Public Law 90-284, and may render such service to the
secretary as he shall deem appropriate to further the policies of
this division; the city manager may accept reimbursement from the
Secretary for services rendered to assist in carrying out the provisions
of the above-cited federal law.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-42)
It shall be unlawful for any person by force or threat of force
willfully to injure, intimidate or interface [interfere] with any
person because of race, color, religion, national origin, sex, handicap
or familial status, and because the person 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.
(Ordinance 89-86, sec. 1, adopted 12/12/89; 1978 Code, sec. 14-43)
