For the purpose of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Discriminatory housing practice.
An act that is unlawful under sections 1.09.032, 1.09.033, and 1.09.034.
Dwelling.
Any building, structure, or portion thereof which is occupied as or designed and intended for occupancy as a residence by one or more families, and vacant land which is offered for sale or leased for the construction or location thereon of any such building, structure or portion thereof.
Family.
Includes a single individual.
Officer.
The individual designated as human relations and equal opportunity officer by the mayor.
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, fiduciaries, and any other organization or entity of whatever character.
To rent.
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 031208-6, sec. 1 (91.01), adopted 1/12/04)
Except as exempted by section 1.09.035, it shall be unlawful:
(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, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18).
(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, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18).
(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, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18) or any intention to make any such preference, limitation, or discrimination.
(4) 
To represent to any person because of race, color, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18) that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(5) 
For profit, or with the hope or expectation of profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry into the neighborhood of a person or persons of a particular race, color, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18).
(Ordinance 031208-6, sec. 1 (91.02), adopted 1/12/04)
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 such 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, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18) of such person or of any person associated with him or her 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.
(Ordinance 031208-6, sec. 1 (91.03), adopted 1/12/04)
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 such person in the terms or conditions of such access, membership, or participation, on account of race, color, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18).
(Ordinance 031208-6, sec. 1 (91.04), adopted 1/12/04)
(a) 
There shall be exempted from the application of section 1.09.032:
(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, wherever located, at any one time; provided further that, in the case of the sale of 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 section shall apply only with respect to one such sale within any 24-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 or her 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, the sale or rental of any such single-family house shall be excepted from the application of this division only if such house is sold or rented 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 salesperson, 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, salesperson or person, and without the publication, posting or mailing of any advertisement or written notice in violation of section 1.09.032(3) hereof; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
(2) 
The rental of 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 or her residence.
(3) 
The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his or her residence and not more than four such rooms are offered.
(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, sex, religion, national origin, physical/mental handicap, or familial status (i.e., children under 18).
(c) 
Nothing in this division shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose provides lodging 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 031208-6, sec. 1 (91.05), adopted 1/12/04)
(a) 
Only the person who claims to have been injured by a discriminatory housing practice or who believes he or she will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (“person aggrieved”) may file a complaint under this division. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The municipality shall prepare complaint forms and furnish them without charge to any person, upon request.
(b) 
The municipality shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of title VII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (a) of this section.
(c) 
All complaints shall be filed within 60 days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the municipality shall provide notice of the complaint by furnishing a copy of such complaint to the person named therein who allegedly committed or was threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within 15 days of receipt of the written complaint.
(d) 
All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(Ordinance 031208-6, sec. 1 (91.06), adopted 1/12/04)
(a) 
Upon the filing or referral of a complaint as herein provided, the municipality shall cause to be made a prompt and full investigation of the matter stated in the complaint.
(b) 
During or after the investigation, but subsequent to the mailing of the notice of complaint, the municipality shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this division. Nothing said or done in the course of such informal endeavors may be made public by the municipality, by the complainant, or by any other party to the proceedings without the written consent of all persons concerned.
(c) 
Upon completion of the investigation and informal endeavors at conciliation by the municipality, but within 30 days of the filing of the complaint with the municipality, if the efforts of the municipality to secure voluntary compliance have been unsuccessful, and if the municipality has made a determination that a discriminatory housing practice has in fact occurred, the municipal attorney shall make a determination as to whether to proceed with prosecution of such complaint in municipal court. If the municipal attorney determines to prosecute, he or she shall institute a complaint and prosecute same to conclusion within 30 days after such determination, or as soon thereafter as practicable.
(Ordinance 031208-6, sec. 1 (91.07), adopted 1/12/04)
This division is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the aggrieved person may pursue.
(Ordinance 031208-6, sec. 1 (91.08), adopted 1/12/04)
It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise penalize any individual, group, or business because he, she or they have complied with the provisions of this division, because he, she or they have exercised their rights under this division or enjoyed the benefits of this division, or because he, she or they have made a charge, testified, or assisted in any manner in any investigation or in any proceeding hereunder or have made any report to the municipality.
(Ordinance 031208-6, sec. 1 (91.09), adopted 1/12/04)
(a) 
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in accordance with section 1.01.009 of this code; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(b) 
Any person, firm, or corporation violating any provision of this division may be enjoined by suit filed by the municipality in a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.
(Ordinance 031208-6, secs. 1 (91.99), 2, adopted 1/12/04)