For the purpose of this division, the following definitions
shall apply, unless the context clearly indicates or requires a different
meaning:
An act that is unlawful under the provisions of this division.
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 building, structure
or portion thereof.
One or more individuals (who have not attained the age of
18 years) being domiciled with a parent or another person having legal
custody of such individual or individuals; or the designee of such
parent or other person having custody, with the written permission
of such parent or other person. The protections afforded against discrimination
on the basis of familial status shall apply to any person who is pregnant
or is in the process of securing legal custody of any individual who
has not attained the age of 18 years.
Includes a single individual.
With respect to a person, a physical or mental impairment
which substantially limits one or more of such person’s major
life activities; a record of having such an impairment; or being regarded
as having such an impairment, but such term does not include current,
illegal use of or addition to a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802)).
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, unincorporated organizations, trustees
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.
(2004 Code, sec. 96.01; Ordinance 2018-37, sec. 3.01, adopted 8/14/18)
(a)
Any
person, firm, or corporation violating any provision of this division
shall be guilty of a misdemeanor, and upon conviction shall be fined
a sum not to exceed $200.00 for each violation. Each day a violation
continues after passage of 75 days from date of the filing of the
initial complaint with the administrator shall constitute a separate
and distinct offense.
(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.
(2004 Code, sec. 96.99)
Except as exempted by section 1.09.036, 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, handicap, 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, handicap, 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, familial status, handicap, 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, familial status,
handicap, 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
a person or persons of a particular race, color, sex, religion, familial
status, handicap, or national origin;
(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 as to retard, obstruct or discourage
racially integrated housing.
(Ordinance 2018-37 adopted 8/14/18)
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 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 such person in the fixing of the amount,
interest rate, brokerage points, duration, or other terms or conditions
of such loan or other financial assistance, because of:
(1)
The
race, color, sex, religion, familial status, handicap, or national
origin of such person or of any person associated with him or her
in connection with such loan or other financial assistance; or
(2)
The
race, color, sex, religion, familial status, handicap, 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 to be made or given.
(Ordinance 2018-37 adopted 8/14/18)
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, familial status, handicap,
or national origin.
(Ordinance 2018-37 adopted 8/14/18)
(a)
There shall be exempted from the application of section 1.09.033 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 families living independently
of each other if the owner actually maintains and occupies one of
such units as his or her 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 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.
(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 1.09.033(3) (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title);
(C)
The owner does not own more than three single-family houses at the
time of the sale; and
(D)
The 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 any portion of the proceeds from the sale
or rental of more than three such single-family houses at any one
time.
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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 24-month period.
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(b)
Nothing
in this provision 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, familial status, handicap, or national origin.
(c)
Nothing
is 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.
(2004 Code, sec. 96.05; Ordinance 2018-37, sec. 3.05, adopted 8/14/18)
The mayor shall appoint and 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 or her authority to investigate
and conciliate complaints to other city employees under his or her
direction.
(2004 Code, sec. 96.06)
(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
(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 without charge to any person, upon request.
(b)
If
at any time the administrator shall receive or discover credible evidence
and shall have probable cause to believe that any person or persons
have committed or are committing a discriminatory housing practice
as to which no complaint has been filed, the administrator may prepare
and file a complaint upon his or her own motion and in his or her
own name and such complaint shall thereafter be treated in the same
manner as a complaint filed by a person aggrieved.
(c)
The administrator 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 VIII, 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.
(d)
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 administrator shall provide notice
of the complaint by furnishing a copy of such complaint to the 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 15 days of receipt of the written complaint.
(e)
All
complaints and answers shall be subscribed and sworn to before an
officer authorized to administer oaths.
(2004 Code, sec. 96.07)
(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 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 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 or her
entire file to the city attorney. The city attorney shall, within
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 or she shall institute
a complaint and prosecute same to conclusion within 30 days after
such determination or as soon thereafter as practical.
(2004 Code, sec. 96.08)
This division is cumulative in its legal effect and is not in
lieu of any and all other legal remedies which the person aggrieved
may pursue.
(2004 Code, sec. 96.09)
It shall be unlawful for any person to harass, threaten, harm,
damage or otherwise penalize any individual, group or business because
he or she or they have complied with the provisions of this division,
because he or she or they have exercised his or her or their rights
under this division or enjoyed the benefits of this division, or because
he or 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 administrator.
(2004 Code, sec. 96.10)
The administrator and the city attorney are authorized to cooperate
with the Secretary of Housing and Urban Development and the U.S. Attorney
General 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 they shall deem appropriate to further the policies of this division.
(2004 Code, sec. 96.11)
In order to further the objectives of this division, the administrator
may conduct educational and public information programs.
(2004 Code, sec. 96.12)
