(a)
It
is hereby declared to be the policy of the city to bring about, through
fair, orderly and lawful procedures, opportunity for each person to
obtain housing without regard to his race, color, sex, religion, disability,
familial status, or national origin.
(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 his
own choice without regard to race, color, sex, religion, disability,
familial status, or national origin; and further that the denial of
such right through considerations based on race, color, sex, religion,
disability, familial status, or national origin 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.
(1986 Code, ch. 4, sec. 7:A)
For the purpose of this division, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the masculine gender include the
feminine, words in the plural number include the singular, and words
in the singular number include the plural.
A mental or physical impairment that substantially limits
at least one major life activity, a record of the impairment, or being
regarded as having the impairment. The term does not include current
illegal use or addiction to any drug or illegal or federally controlled
substance and does not apply to an individual because of an individual’s
sexual orientation or because that individual is a transvestite.
Any building, structure, or portion thereof which is occupied
as, or designed and intended for occupancy as, a residence by one
or more families, or 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 (1) or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, unincorporated organizations, trustees,
fiduciaries, and any other organization or entity of whatever character.
Includes to lease, to sublease, to let, and otherwise to
grant for a consideration the right to occupy premises not owned by
the occupant.
(1986 Code, ch. 4, sec. 7:B; Ordinance
adopting Code)
Except as exempted by section 1.12.036, it shall be unlawful for any person to:
(1)
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,
familial status or national origin;
(2)
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, familial
status or national origin;
(3)
Make,
print, publish, or cause to be made, printed or published any notice,
statement, or advertisement regarding the sale or rental of a dwelling
that indicates any preference, limitation, or discrimination based
on race, color, sex, religion, disability, familial status or national
origin, or an intention to make any such preference, limitation, or
discrimination;
(4)
Represent
to any person because of race, color, sex, religion, disability, familial
status or national origin 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, induce or attempt
to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
any person or persons of a particular race, color, sex, religion,
familial status or national origin; and
(6)
For
profit, or with the hope or expectation of profit, influence or attempt
to influence, by any words, acts, or failure to act, any seller, purchaser,
landlord or tenant of a dwelling so as to promote the maintenance
of racially segregated housing or so as to retard, obstruct, or discourage
racially integrated housing.
(1986 Code, ch. 4, sec. 7:C; Ordinance
adopting Code)
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 of the making of commercial
or residential real estate loans to discriminate in denying 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 such person in the fixing
of the amount, interest rate, brokerage points, duration, or other
terms or conditions, because of:
(1)
The
race, color, sex, religion, disability, familial status or national
origin of such person or of any person associated with him in connection
with such loan or other financial assistance; or
(2)
The
race, color, sex, religion, disability, familial status or national
origin of the present or prospective owners, lessees, tenants or occupants
of the dwelling or dwellings for which such loan or other financial
assistance is made or given.
(1986 Code, ch. 4, sec. 7:D; Ordinance
adopting Code)
It shall be unlawful for any person to deny 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
in the terms or conditions of such access, membership, or participation
on account of race, color, sex, religion, disability, familial status
or national origin.
(1986 Code, ch. 4, sec. 7:E; Ordinance
adopting Code)
(a)
There shall be exempted from the application of sections 1.12.033 through 1.12.035 hereof all transactions involving:
(1)
The rental of 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 (1) of such units as his residence.
(2)
The rental of a single room in a dwelling containing living quarters
occupied or intended to be occupied by no more than one (1) family,
if the person offering such room for rental actually maintains and
occupies the remainder of such dwelling as his residence and not more
than four (4) such rooms are offered.
(3)
The sale or rental of any single house by a private individual who
owns such house, provided that:
(A)
The sale or rental is made 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 broker, agent, salesman, or person;
(B)
The sale is made without the publication, posting, or mailing of any advertisement or written notice in violation of section 1.12.033(3) (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, or other such professional assistance as necessary to perfect or transfer title);
(C)
The owner does not own more than three (3) single-family houses at
one time;
(D)
The 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 any portion of the proceeds from the sale or
rental of more than three (3) such single-family houses at one time;
and
(E)
If the owner does not reside in the house at the time of sale or
was not the most recent resident of such house prior to the sale,
the exemption granted by this subsection shall apply only with respect
to one such sale within any twenty-four-month period.
(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 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, or national origin.
(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.
(d)
Nothing
in this division shall bar any person from owning and operating a
housing accommodation in which a room or rooms are leased, subleased,
or rented only to persons of the same sex, when such housing accommodation
contains common lavatory, kitchen, or similar facilities available
for the use of all persons occupying such housing accommodation.
(1986 Code, ch. 4, sec. 7:F)
The mayor shall appoint and the council shall confirm a fair
housing administrator (hereinafter referred to as “administrator”),
who shall have the responsibility for implementing this division.
The administrator may delegate his authority to investigate and conciliate
complaints to other city employees under his direction.
(1986 Code, ch. 4, sec. 7:G)
(a)
Only
the person who claims to have been injured by a discriminatory housing
practice or who believes he will be irrevocably injured by a discriminatory
housing practice that has occurred or is occurring (hereinafter referred
to as “person aggrieved”) may file a complaint with the
administrator. 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
administrator shall prepare complaint forms and furnish them to any
person, upon request.
(b)
All
complaints shall be filed within sixty (60) days following the occurrence
of an alleged discriminatory housing practice. Upon the filing or
referral of any complaint, the administrator shall provide notice
of the complaint by furnishing a copy of such complaint to the person
or persons named therein who allegedly committed or were threatening
to commit an alleged discriminatory housing practice. The accused
may file an answer to the complaint within fifteen (15) days of receipt
of the written complaint.
(c)
All
complaints and answers shall be subscribed and sworn to before an
officer authorized to administer oaths.
(1986 Code, ch. 4, sec. 7:H)
(a)
Upon
the filing or referral of a complaint as herein provided, the administrator
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 the complaint, the administrator 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 administrator, 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 administrator, but within thirty (30) days of the filing of
the complaint with the administrator, if the efforts of the administrator
to secure voluntary compliance have been unsuccessful, and if the
administrator has made a determination that a discriminatory housing
practice has in fact occurred, the administrator shall recommend to
the city attorney that such violation be prosecuted in the municipal
court of the city. With such recommendation, the administrator shall
refer his entire file to the city attorney. The city attorney shall,
within thirty (30) days after such referral, make a determination
as to whether to proceed with prosecution of such complaint in municipal
court. If the city attorney determines to prosecute, he shall institute
a complaint and prosecute the same to conclusion within thirty (30)
days after such determination or as soon thereafter as practicable.
(1986 Code, ch. 4, sec. 7:I)
It shall be unlawful for any person to harass, threaten, harm,
damage, or otherwise penalize any individual, group, or business because
he or they complied with the provisions of this division, because
he or they have exercised his or their rights under this division
or enjoyed the benefits of this division, or because he 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 administrator.
(1986 Code, ch. 4, sec. 7:J)
In order to further the objectives of this division, the administrator
may conduct educational and public information programs.
(1986 Code, ch. 4, sec. 7:K)
(a)
Any person, firm, or corporation violating any provision of this division shall be guilty of a misdemeanor, and upon conviction shall be fined for each violation as provided in section 1.01.009.
(b)
Any
person, firm, or corporation violating any provision of this division
may be enjoined by a suit filed by the city in a court of competent
jurisdiction, and this remedy is in addition to any other penalty
provision.
(1986 Code, ch. 4, sec. 7:L)
