It is the policy of the city through fair, orderly and lawful
procedures to promote the opportunity for each person to obtain housing
without regard to race, color, sex, religion, national origin, handicap
or familial status. This policy is grounded upon the recognition of
the right of every person to have access to adequate housing of the
person’s choice; and the denial of this right because of race,
color, sex, religion, national origin, handicap or familial status
is detrimental to the health, safety and welfare of the inhabitants
of the city and constitutes an unjust deprivation of rights which
is within the power and proper responsibility of government to prevent.
(Ordinance 90-79, sec. 1, adopted 12/18/90; 1957 Code, sec. 4B-21)
For the purposes 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.
Discrimination.
Any direct or indirect exclusion, distinction, segregation,
limitation, refusal, denial or other differentiation in the treatment
of a person or persons because of race, color, religion, national
origin, sex, handicap or familial status.
Dwelling.
Any structure which is occupied as or designed or intended
for occupancy as a residence by one (1) or more families, or any vacant
land which is offered for sale or lease for the construction or location
of any such structure.
Familial status.
One (1) or more individuals (who have not attained the age
of eighteen (18) years) being domiciled with:
(1)
A parent or another person having legal custody of such individual
or individuals; or
(2)
The designee of such parent or other person having such 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 eighteen (18) years.
Family.
Includes a single individual.
Handicap.
A physical or mental impairment that substantially limits
one (1) major life activity, a record of such an impairment or being
regarded as having such an impairment. The term does not include current
unauthorized use of or addiction to controlled substances (as defined
in section 102 of the Controlled Substances Act (21 USC 802)).
Person.
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 and fiduciaries.
To rent.
Includes to lease, to sublease, to let or to otherwise grant
for a consideration the right to occupy premises not owned by the
occupant.
(Ordinance 90-79, sec. 1, adopted 12/18/90; 1957 Code, sec. 4B-22)
Any person convicted of violating any provision of this division
shall be deemed guilty of a misdemeanor and subject to a fine not
exceeding two hundred dollars ($200.00). Any person who has been previously
convicted of a violation of this division shall be subject, upon subsequent
conviction, to a penalty of not less than one hundred dollars ($100.00)
nor more than two hundred dollars ($200.00). Each day a violation
of this division exists shall constitute a separate offense.
(Ordinance 90-79, sec. 1, adopted 12/18/90; 1957 Code, sec. 4B-26)
(a) It
shall be unlawful for any person, after the making of a bona fide
offer, to make unavailable or deny a dwelling to any person because
of race, color, religion, national origin, sex, handicap or familial
status.
(b) It
shall be unlawful for any person 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.
(c) It
shall be unlawful for any person 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:
(1) Any preference, limitation or discrimination because of race, color,
religion, national origin, sex, handicap or familial status; or
(2) An intention to make any such preference, limitation or discrimination.
(d) It
shall be unlawful for any person 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.
(e) It
shall be unlawful for any person for profit 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.
(f) 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 in the making of commercial
real estate loans or in the provision of other financial assistance
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 a person associated with the applicant in connection
with 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.
(g) As
to a multiple-listing service, real estate brokers’ association
or other service organization or facility relating to the business
of selling or renting a dwelling, it shall be unlawful because of
race, color, religion, national origin, sex, handicap or familial
status:
(1) To deny a person access to or membership or participation in the
service, organization or facility; or
(2) To discriminate against a person in the terms or conditions of such
access or membership or participation.
(Ordinance 90-79, sec. 1, 12/18/90; 1957 Code, sec. 4B-23)
(a) Nothing
in this division shall apply to:
(1) Any single-family house sold by an owner provided that such private
individual owner:
(A) Has not sold more than one (1) house within the twenty-four-month
period preceding the date of sale unless such owner was either:
(i)
Residing in such house at the time of such sale; or
(ii)
Was the most recent resident of such house prior to such sale;
and
(B) Does not use in any manner the services or facilities of a real estate
broker, agent or salesman (or any other person in the business of
selling or renting housing units) in the sale or rental of any such
single-family house; and
(C) Has not published, posted or mailed any advertisement or written notice in violation of section
1-12-34(c) of this division; and
(D) Does not own or have 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 a portion of the proceeds from the sale or rental
of more than three (3) such single-family houses at any one (1) time.
(2) The renting of space within a single-family dwelling unit by the
occupant of such unit to any other person or persons.
(b) Nothing
in this division shall prohibit:
(1) 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 to persons of the same religion or from giving preference
to such persons provided that:
(A) Such sale, rental or occupancy is not for a commercial purpose; and
(B) Membership in such religion is not restricted because of race, color
or national origin.
(2) A private club not in fact open to the public which, as an incident
to its primary purpose or purposes, provides lodging which it owns
or operates, from limiting the rental or occupancy of such lodgings
to its members or giving preference to its members provided that such
lodging is not owned or operated for a public commercial purpose.
(c) The
procedures prescribed by this division do not constitute an administrative
prerequisite to any other action or remedy available under law.
(d) Nothing
in this division shall prohibit the community housing resource board
from hearing and investigating complaints alleging any type of discrimination.
(e) Nothing
in this division shall be construed to change the building codes or
zoning ordinances of the city.
(Ordinance 90-79, sec. 1, adopted 12/18/90; 1957 Code, sec. 4B-24)
In construing this division, it is the intent of the city council
that the municipal court shall be guided by federal court interpretations
of title VIII of the Civil Rights Act of 1968 as amended.
(Ordinance 90-79, sec. 1, adopted 12/18/90; 1957 Code, sec. 4B-25)