For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
The calendar age of an individual 18 years of age or over.
Any set of principles, rules, opinions, and precepts formally expressed and seriously adhered to or maintained by a person.
An act which is unlawful under this code.
Any building, structure, or portion thereof which is occupied as or designed and intended for occupancy as a residence by one or more persons and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
A single individual or a group of individuals living together under one common roof.
Functions such as but not limited to caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
An individual’s status as single, married, divorced, widowed, or separated person.
A person’s status as a parent or legal guardian of a child or children under the age of 18.
One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
Any physical or mental impairment which substantially limits one or more major life activities. Physical or mental impairment shall include:
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
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
A person 55 years of age or older.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.01)
This article 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 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 and the federal Equal Credit Opportunity Act. In construing this article, 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, and the federal Equal Credit Opportunity Act, where appropriate.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.02)
Except as exempted under the exemptions and exclusions of this article, section 1.03.037, it shall be unlawful:
(1)
To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of or to otherwise make unavailable or deny a dwelling to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(2)
To discriminate against any person in the terms, conditions or privileges of a sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age, or an intention to make any such preference, limitation, or discrimination.
(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, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age, or an intention to make any such preference, limitation, or discrimination.
(4)
To represent to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age that any dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.
(5)
To 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, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.03)
It shall be unlawful for any bank, building and loan association, insurance company, or other person 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 or her in the fixing of the amount, interest rate, duration, or other terms or conditions of the loan or other financial assistance because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of the person or the persons associated therewith or because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which the loan or other financial assistance is to be made or given.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.04)
It shall be unlawful for any person to deny another person access to, membership in, or participation in any multiple listing service, real estate brokers’ organization, or other service, organization or facility relating to the business of selling and renting dwellings or to discriminate against another person in the terms or conditions of such access, membership, or participation, because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.05)
It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise penalize any individual, group, or business because the individual, group, or business has complied with the provisions of this article or has exercised in good faith his or her rights under this article, or has enjoyed the benefits of this article, or because the individual, group, or business has made a charge in good faith, testified in good faith, or assisted in good faith in any manner in any investigation or in any proceedings hereunder, or has made any report to the city council.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.06)
(a)
Nothing in this article shall apply to:
(1)
Any single-family house sold or rented by an owner, provided that:
(A)
The private individual owner does not own more than three single-family houses at any one time;
(B)
If the owner does not reside in the house at the time of the sale or was not the most recent resident of the 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;
(C)
The bona fide private individual owner does not own any interest in, nor is there owned or reserved on the person’s 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;
(D)
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; and
(E)
The sale or rental is made without the publication, posting, or mailing of any advertisement or written notice in violation of this article, 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)
Rooms or 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 the living quarters as his or her residence.
(b)
For the purpose of subsection (a)(1) above, a person shall be deemed to be in the business of selling or renting dwellings if the person:
(1)
Has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2)
Has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(c)
Nothing in this article shall 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 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 the religion is restricted because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(d)
Nothing in this article shall prohibit 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 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.
(e)
Nothing in this article shall bar any person from owning or operating a housing accommodation in which 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 the housing accommodation.
(f)
Nothing in this article shall prohibit the sale, rental, lease, or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease, or occupancy is further restricted because of race, color, creed, religion, sex, national origin, physical or mental handicap, and marital status.
(g)
Nothing in this article shall bar a person who owns, operates, or controls rental dwellings, whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings, for the rental or lease to tenants with a minor child or children; provided, however, that in the event that the reserved area is completely leased or rented, the person owning, operating, or controlling the rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant’s status as a parent or any other of the protected classifications set forth in this article.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.07; Ordinance adopting 2021 Code)
No person shall violate any provision of this article, or knowingly obstruct or prevent compliance with this article.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.20)
The city council shall have the responsibility of administering and implementing this article. The city council may delegate authority to investigate and conciliate complaints to other city employees under its direction.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.21)
(a)
Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereinafter referred to as the “charging party”) may file a complaint with the city council. The 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 secretary shall prepare complaint forms and furnish them without charge to any person, upon request.
(b)
The city council 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 the complaints hereunder in the same manner as complaints filed pursuant to subsection (a) of this section.
(c)
All complaints shall be filed within 180 days following the occurrence of the alleged discriminatory housing practice. Upon the filing or referral of any complaint, the city council shall provide notice of the complaint by furnishing a copy of the complaint to the persons named therein (herein referred to as the “respondent”) who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The respondent may file an answer to the complaint within 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.
(e)
If at any time the city council shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, a member of the city council may prepare and file a complaint upon his or her own motion and in his or her own name, and the complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.22)
(a)
Upon the filing or referral of a complaint as herein provided, the city council shall cause to be made a prompt and full investigation of the matter stated in the complaint; provided, however, that before any charge becomes accepted for investigative purposes the city council, or an investigator, shall have personally reviewed with the charging party the allegations contained therein and shall have determined that the charge comes within the provisions of this article. In the event the review results in the determination that a particular charge does not come within the provisions of this article, the charging party shall be given a clear and concise explanation of the reasons why it does not.
(b)
If the city council determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the council shall take no further action with respect to the alleged offense.
(c)
During or after the investigation, but subsequent to the mailing of the notice of complaint, the city council 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 to obtain adequate assurance of future voluntary compliance with the provisions of this article. Nothing said or done in the course of such informal endeavors may be made public by the council, the commission, the investigator, the conciliator, the charging party, or the respondent, or be used as evidence in a subsequent proceeding, without the written consent of all persons concerned.
(d)
Upon completion of an investigation, where the city council has made a determination that a discriminatory housing practice has in fact occurred, if the council is unable to secure from the respondent an acceptable conciliation agreement, then upon a majority vote, the council must refer the case to the city attorney for prosecution in municipal court, or to other agencies as appropriate. With the recommendation from the city council, the council shall refer the entire file of investigation to the city attorney. The city attorney shall, after the referral, make a determination as to whether to proceed with prosecution of the complaint in municipal court.
(Ordinance 93-558 adopted 7/27/93; 1994 Code, sec. 97.23)