For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein.
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.
Age.
The calendar age of an individual eighteen (18) years of
age or over.
Creed.
Any set of principles, rules, opinions and precepts formally
expressed and seriously adhered to or maintained by a person.
Dwelling.
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.
Family.
Includes a single individual or a group of individuals living
together under one common roof.
Major life activities.
Functions such as, but not limited to, caring for one’s
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
Marital status.
An individual’s status as a single, married, divorced,
widowed or separated person.
Parenthood.
A person’s status as a parent or legal guardian of
a child or children under the age of eighteen (18).
Person.
Includes one 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.
Physical or mental disability.
Any physical or mental impairment which substantially limits
one or more major life activities. “Physical or mental impairment”
shall include:
(1)
Any physiological disorder or condition, cosmetic disfigurement
or anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin and endocrine; or
(2)
Any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
To rent.
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)
This division shall in no way be interpreted as creating a judicial
right or remedy which is the same or substantially equivalent to the
remedies provided under title VIII of the Civil Rights Act of 1968,
as amended, or the federal Equal Credit Opportunity Act (15 U.S.C.
1691). All aggrieved parties shall retain the rights granted to them
by title VIII of the Civil Rights Act of 1968, as amended, and the
federal Equal Credit Opportunity Act. In construing this division,
it is the intent of the city council that the courts shall be guided
by federal court interpretations of title VIII of the Civil Rights
Act of 1968, as amended, and the federal Equal Credit Opportunity
Act, where appropriate.
(2001 Code, sec. 91.02)
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, creed, sex,
religion or national origin, physical or mental disability, marital
status, parenthood or age;
(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, creed, sex, religion
or national origin, physical or mental disability, marital status,
parenthood or age;
(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, creed, sex, religion or national origin, physical
or mental disability, marital status, parenthood or age, or any intention
to make any such preference, limitation or discrimination;
(4) Represent
to any person because of race, color, creed, sex, religion or national
origin, physical or mental disability, marital status, parenthood
or age 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 of 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, creed, sex, religion
or national origin, physical or mental disability, marital status,
parenthood or age; 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.
(2001 Code, sec. 91.03)
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, creed, sex, religion or national origin, physical or
mental disability, marital status, parenthood or age of such person
or of any person associated with him in connection with such loan
or other financial assistance; or
(2) The
race, color, creed, sex, religion or national origin, physical or
mental disability, marital status, parenthood or age of the present
or prospective owner, lessees, tenants, or occupants of the dwelling
or dwellings for which such a loan or other financial assistance is
to be made or given.
(2001 Code, sec. 91.04)
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, creed, sex, religion or national origin,
physical or mental disability, marital status, parenthood or age.
(2001 Code, sec. 91.05)
The mayor shall appoint and the city 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.
(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 that the person aggrieved
may pursue.
(2001 Code, sec. 91.10)
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 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 investigation or in any
proceeding hereunder or have made any report to the administrator.
(2001 Code, sec. 91.11)
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.
(2001 Code, sec. 91.12)
In order to further the objectives of this division, the administrator
may conduct educational and public information programs.
(2001 Code, sec. 91.13)