As used in this division, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this section. When not inconsistent with the context, words so 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.
The administrator of the city fair housing ordinance shall be the city secretary.
Any person who:
An offer in writing, accompanied by an earnest money deposit in such form and amount as customarily in use in that type of transaction.
May be made orally or in writing and in the manner customarily used in the rental and leasing of dwellings by an offeror financially competent to close the transaction.
A person who files a complaint under the provisions of this division.
The attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the administrator.
A written agreement setting forth the resolution of the issues in conciliation.
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 with such dwelling, because of a handicap of:
For the purpose of this subsection, discrimination includes:
A refusal to permit, at the expense of the handicapped person, reasonable modification of existing premises occupied or to be occupied by such person if such modification may be necessary to afford such person full enjoyment of the premises;
A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
In connection with the design and construction of covered multifamily dwellings for first occupancy after the effective date of this division, a failure to design and construct those dwellings in such a manner that:
The public use and common use portions of such dwelling are readily accessible to and usable by handicapped persons;
All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
All premises within such dwellings contain the following features of adaptive design:
An accessible route into and through the dwelling;
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
Reinforcements in bathroom walls to allow later installation of grab bars; and
Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people suffices to satisfy the requirements of subsection (C)(iii). |
An act that is prohibited herein.
Any building, structure, mobile home, manufactured home or portion thereof which is occupied by one or more persons, and any vacant land which is offered for sale or lease for the construction or location thereon of such building, structure, or portion thereof.
Includes a single individual.
A discriminatory act is committed because of family status if the act is committed because the person who is the subject of discrimination is:
Does not include a condition of addiction to the use of alcohol or to the use of any controlled substances under state or federal law or to any drug. However, it does include:
(Ordinance 1991-10, sec. 1, adopted 8/13/91)
(a)
Housing for the elderly exempted.
The provisions of this division relating to familial status do not apply to housing for older persons. In this section, “housing for older persons” means housing:
(1)
That the administrator [determines] is specifically designed and operated to assist elderly persons under a federal or state program;
(2)
Intended for, and solely occupied by, persons 62 years of age or older; or
(3)
Intended and operated for occupancy by at least one person 55 years of age or older per unit as determined by the administrator.
(b)
Certain sales and rentals by owner exempted.
(1)
Any single-family house sold or rented by an owner, provided that:
(A)
Such private individual owner does not own more than three such single-family houses at any one time;
(B)
In the case of the sale of any 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 subsection shall apply only with respect one such sale within any twenty-four-month period;
(C)
Such bona fide private individual 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 a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time;
(D)
The sale or rental of any such single-family house shall be exempted from the application of this division only if:
(i)
The owner does not own more than three (3) single-family houses at any one time; or
(ii)
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 any part of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time; and
(iii)
The house was sold or rented without:
a.
The use of the sales or rental facilities or services of real estate broker, agent, or salesman licensed under the Real Estate License Act, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
b.
The publication, posting, or mailing of a notice, statement or advertisement prohibited by this division.
(2)
The sale or rental of rooms or units in a dwelling containing the living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner maintains and occupies one (1) of the living quarters as the owner’s residence.
(c)
Religious organization, nonprofit organization and private club exemption.
(1)
This division does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association or society from:
(2)
This division does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
(d)
Persons convicted of making or distributing controlled substances.
Nothing in this division prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 802 of title 21 [of the United States Code].
(e)
Appraisals.
This division does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, religion, sex, handicap, family status, or national origin.
(f)
Information forms.
Nothing in this division shall be deemed to prohibit an owner, or his agent, from requiring that any person who seeks to buy, rent or lease housing supply information on forms customarily used by an owner or his agent, but not concerning race, color, religion, sex, handicap, family status, or national origin.
(g)
Effect on other law.
This division does not affect reasonable maximum safe occupancy regulations for dwellings nor does it affect any requirement of nondiscrimination in any other local, state or federal law.
(Ordinance 1991-10, sec. 2, adopted 8/13/91)
(a)
(1)
It shall be unlawful for any person 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, religion, handicap, family status, sex, or national origin.
(2)
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, handicap, family status, sex, or national origin.
(b)
A person may not 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, religion, handicap, family status, sex, or national origin, or an intention to make such a preference, limitation, or discrimination.
(c)
It shall be unlawful for any person to represent to any person because of race, color, religion, handicap, family status, sex, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(d)
It shall be unlawful for any person, for profit, to induce or attempt to induce any person to sell or rent any dwellings by representation regarding the entry or prospective entry into the neighborhood of a person or persons on the basis of race, color, religion, handicap, family status, sex, or national origin.
(e)
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, 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 him 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, handicap, family status, sex, or national origin of such person or of any person associated with him 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.
(f)
A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership or participation in such an organization, service, or facility, because of race, color, handicap, family status, sex, or national origin.
(g)
It shall be unlawful for any person, whether or not acting under color of law, by force or threat of force, to willfully injure, intimidate or interfere with:
(1)
Any person because of race, color, religion, handicap, family status, sex, or national origin and because such person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings;
(2)
Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
(A)
Participating, without discrimination on account of race, color, religion, handicap, family status, sex, or national origin, in any of the activities, services, organizations, or facilities described herein; or
(B)
Affording another person or class of persons opportunity or protection so to participate; or
(3)
Any citizen because he is or has been or in order to discourage such citizen or any other persons to participate, without discrimination on account of race, color, religion, handicap, family status, sex, or national origin, in any of the activities, services, organizations or facilities described herein or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(h)
It shall be unlawful for any person not having any bona fide intention to avail himself of any rights under this division to solicit or submit offers to buy or lease from property owners or lessees or their agents for the sole purpose of securing evidence of a discriminatory practice. Any person found to have violated this section shall be subject to the penalties prescribed herein.
(Ordinance 1991-10, sec. 3, adopted 8/13/91)
(a)
Filing of complaint.
Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur may file a complaint with the administrator. Such complaint shall be in writing, shall be under oath and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt, from time to time, standard complaint forms and to furnish them without charge to any person aggrieved.
(b)
Complaints referred by Secretary of Housing and Urban Development.
The administrator shall receive and accept notification and referral of complaints from the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, as amended, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved.
(c)
Forwarding of complaints to agencies for action.
If, upon receipt of credible evidence, the administrator has probable cause to believe that a discriminatory housing practice has occurred or is about to occur, he may file a complaint. Said complaint shall be forwarded to the appropriate local, state, or federal agency for action.
(d)
Supplementary complaint.
If, in the course of an investigation on a complaint filed with or referred to the administrator, he shall receive credible evidence and shall have probable cause to believe that the person or persons named in such complaint have committed a discriminatory housing practice on grounds not stated in such complaint, the administrator may prepare and file a supplementary complaint, and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved.
(e)
Copies of complaints.
Upon the filing or referral of any complaint, the administrator shall furnish a copy of the same to the person or persons named in the complaint.
(f)
Deadline.
An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred to [or] terminated, file a complaint with the administrator alleging such discriminatory housing practice.
(g)
Action by administrator.
Upon the filing of a complaint:
(1)
The administrator shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this division;
(2)
The administrator shall, not later than 10 days after such filing or the identification of an additional respondent, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this division, together with a copy of the original complaint;
(3)
Each respondent may file, not later than 10 days after receipt of notice from the administrator, an answer to such complaint; and
(4)
The administrator shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint, unless it is impracticable to do so.
If the administrator is unable to complete the investigation within 100 days after filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so. |
(Ordinance 1991-10, sec. 4, adopted 8/13/91)
(a)
During the period beginning with filing of such complaint and ending with the filing of a charge or a dismissal by the administrator, the administrator shall, to the extent feasible, engage in conciliation with respect to such complaint.
(b)
A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the administrator.
(c)
A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement any [may] award appropriate relief, including monetary relief.
(d)
Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the administrator determines the disclosure is not required to further the purposes of this division.
(e)
At the end of each investigation the administrator shall prepare a final investigative report containing the names and dates of contact with witnesses, a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent, a summary description of other pertinent records, a summary of witness statements, and answers to interrogatories.
(f)
No person shall fail to refuse to obey subpoenas issued by the administrator pursuant this section. Any person charged with failure to obey a subpoena may defend by showing that the act or failure to act was done under circumstances which would have excused such act or failure to act if the same had been in disobedience of an order, direction or command of a court.
(Ordinance 1991-10, sec. 5, adopted 8/13/91)
Any person who violates any provision of this division shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine not exceeding $200.00.
(Ordinance 1991-10, sec. 6, adopted 8/13/91)