It is the policy of the city or any employee or officer of the
city not to discriminate on the basis of race, color, national origin,
sex, religion, age, or handicap status in employment, contracting,
or the provision of services. Discrimination against any person in
the recruitment, examination, appointment, training, promotion, discipline,
or any other aspect of personnel administration; contracting for construction,
rehabilitation, alteration, conversion, extension, demolition or repair
of city facilities; and the provision of city services shall be prohibited
unless such discrimination constitutes a bona fide occupational qualification.
A nondiscriminatory clause shall be provided in all solicitations
or advertisements whenever practicable or feasible.
(2001 Code, sec. 31.040)
For the purpose of this division, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
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 vacant land which is offered for sale or leased
for the construction or location thereon of any such building, structure
or portion thereof.
Includes a single individual.
The individual designated human relations and equal opportunity
officer by the mayor.
Includes one (1) 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.
Includes to lease, to sublease, to let, and otherwise to
grant for a consideration the right to occupy premises not owned by
the occupant.
(2001 Code, sec. 91.01)
Except as exempted by section 1.08.035, 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, or national origin.
(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,
or national origin.
(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, or national origin
or any intention to make any such preference, limitation, or discrimination.
(4)
To
represent to any person because of race, color, sex, religion, 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, to induce or attempt
to induce any person to sell or rent any dwelling by representations
regarding the entry into the neighborhood of the person or persons
of a particular race, color, sex, religion, or national origin.
(2001 Code, sec. 91.02)
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 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 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 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.
(2001 Code, sec. 91.03)
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers
organizations 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, or national
origin.
(2001 Code, sec. 91.04)
(a)
There shall be exempted from the application of section 1.08.032:
(1)
Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three (3) 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 (1) 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/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 (3) such single-family houses at any one (1) 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 (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 broker, agent, salesman or person and (B) without the publication, posting or mailing of any advertisement or written notice in violation of section 1.08.032(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 (4) families
living independently of each other if the owner actually maintains
and occupies one (1) of such living quarters as his 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 (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.
(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 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, or national origin.
(c)
Nothing
in this division shall prohibit a bona fide private club, not in fact
open to the public and 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.
(2001 Code, sec. 91.05)
(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 (“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 city shall prepare complaint forms
and furnish them without charge to any person, upon request.
(b)
The city 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 sixty (60) days following the occurrence
of an alleged discriminatory housing practice. Upon the filing or
referral of any complaint, the city shall provide notice of the complaint
by furnishing a copy of such complaint to the person(s) 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 fifteen (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.
(2001 Code, sec. 91.06)
(a)
Upon
the filing or referral of a complaint as herein provided, the city
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 city 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 city, 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 city, but within thirty (30) days of the filing of the complaint
with the city, if the efforts of the city to secure voluntary compliance
have been unsuccessful, and if the city has made a determination that
a discriminatory housing practice has in fact occurred, the city attorney
shall 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 same to
conclusion within thirty (30) days after such determination, or as
soon thereafter as practicable.
(2001 Code, sec. 91.07)
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.
(2001 Code, sec. 91.08)
It shall be unlawful for any person to harass, threaten, harm,
damage, or otherwise penalize any individual, group, or business because
he or they have complied with the provisions of this division, because
he or they have exercised 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 city.
(2001 Code, sec. 91.09)
