(a)
It
is hereby declared to be the policy of the city to bring about, through
fair, orderly and lawful procedures, the opportunity for each person
to obtain housing without regard to race, color, sex, religion, or
national origin.
(b)
It
is further declared that this policy is grounded upon a recognition
of the inalienable right of each individual to provide for himself/herself
and his/her family a dwelling according to his/her own choosing; and,
further, that the denial of such rights through considerations based
upon race, color, sex, religion or national origin is detrimental
to the health, safety and welfare of the inhabitants of the city and
constitutes an unjust denial or deprivation of such inalienable right
which is within the power and the proper responsibility of government
to prevent.
(2001 Code, sec. 4.201)
As used in this division:
The city commission of human relations and equal opportunity.
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. 4.202)
Except as exempted by section 1.12.036, 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 a person or persons of
a particular race, color, sex, religion or national origin.
(2001 Code, sec. 4.203)
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 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. 4.204)
It shall be unlawful to deny any person 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 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. 4.205)
There shall be exempted from the application of section 1.12.033:
(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 (1) 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 subsection shall apply only with respect to one (1) such sale within any twenty-four (24) 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 (i) 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 (ii) without the publication, posting or mailing of any advertisement or written notice in violation of section 1.12.033(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 or her residence.
(3)
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 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 such religion is restricted
on account of race, color, sex, religion or national origin.
(2001 Code, sec. 4.206)
(a)
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 (hereafter
referred to as “person aggrieved”) may file a complaint
with the officer. Such complaints shall be in writing 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 officer is directed to prepare and adopt from time to
time standard complaint forms and to furnish them without charge to
any person aggrieved. The officer and employees of his office may
assist in the clerical preparation of such complaints.
(b)
The
officer 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,
and shall treat such complaints in the same manner as complaints filed
directly by the person aggrieved.
(c)
If, in the course of any investigation as provided in section 1.12.038 hereof on a complaint filed with or referred to the officer, he or she 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 officer may prepare and file a supplementary complaint upon his own motion and in his or her own name and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved.
(d)
If
at any time the officer 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, the officer may prepare and
file a complaint upon his own motion and in his or her own name, and
such complaint shall thereafter be treated in the same manner as a
complaint filed by a person aggrieved.
(e)
Upon
the filing or referral of any complaint, the officer shall furnish
a copy of the same to the person or persons named in the complaint.
(f)
A complaint under subsections (a), (b), (c) and (d) hereof shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him or her and, with the leave of the officer, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be signed.
(2001 Code, sec. 4.207)
(a)
Upon
the filing of a complaint as herein provided, the officer shall cause
to be made a prompt investigation of the matter stated in the complaint.
(b)
In
connection with such investigation, the officer may question and take
and record testimony and statements of such persons who appear and
may examine, record and copy documents which are produced.
(c)
During
or after the investigation, the officer shall, if it appears that
a discriminatory housing practice act has occurred, or is about to
occur, attempt by informal endeavors to effect conciliation, including
voluntary discontinuance or recertification of the discriminatory
housing practice and voluntary compliance and adequate assurance of
future voluntary compliance with the provisions of this division.
(d)
In
the event conciliation is effected, the officer shall disclose nothing
said or done in the course of such conciliation in such a way as to
make public identification of the person or persons named in the complaint
without the written consent of the persons concerned.
(2001 Code, sec. 4.208)
(a)
Upon
completion of the investigation and informal endeavors at conciliation
by the officer but within thirty (30) days of the filing of the complaint
with the officer, and if conciliation has not been effected, the officer
shall refer the complaint to the commission, together with the answer
of the respondent, if any, and a full report of his investigation
and activities in the matter.
(b)
The
commission shall promptly set a date for the hearing. This date shall
be within thirty (30) days of the date on which the officer referred
the complaint. At least five (5) to ten (10) days’ prior written
notice of the hearing shall be given to the person or persons alleged
to have committed or to be about to commit the discriminatory housing
practice. The hearing shall be conducted in a fair and impartial manner
and shall be public. Proof of the matters alleged within the complaint
may be presented by the officer. The complainant and the person or
persons alleged to have committed or to be about to commit the discriminatory
housing practice may appear personally or by representative and with
or without legal counsel and shall have the right to present proof
and cross-examine witnesses in all matters relating to the complaint
and subsequent related matters. In the event that a person or persons
alleged to have committed or to be about to commit a discriminatory
housing practice shall fail to appear at the commission hearing either
personally or by representative, after notice as provided above, then
such hearing shall be deemed waived by such person or persons.
(c)
If,
after such a hearing, a majority of the commission shall determine
on the basis of the evidence at the hearing that the complaint is
well founded, the commission shall forthwith by persuasion, education
and entreaty diligently attempt to secure within a reasonable time,
not to exceed thirty (30) days, voluntary discontinuance of and [any]
discriminatory housing practice.
(2001 Code, sec. 4.209)
If the commission shall determine that a discriminatory housing
practice has occurred, and if a hearing before the commission on the
complaint alleging such violation has been waived or if the commission
has held a hearing and the efforts of the commission to secure voluntary
compliance have been unsuccessful, the commission shall cause the
officer to certify in writing to the city attorney that such discriminatory
housing practice has occurred and request the city attorney to forthwith
prosecute such violation in the municipal court.
(2001 Code, sec. 4.210)
(a)
Upon
certification by the officer pursuant to the direction of the commission,
the city attorney shall institute a charge in municipal court and
prosecute the same to final conclusion.
(b)
The
certification to the city attorney and the actions to be taken by
the city attorney shall be cumulative of all other remedies and procedures
for the effectuation and enforcement of this division and the prosecution
of alleged violators of this division.
(2001 Code, sec. 4.211)
The commission and the officer are authorized and encouraged
to cooperate with 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 may render such services to the Secretary
as they shall deem appropriate to further the policies of this division
and may accept reimbursement from the secretary for services rendered
to assist him in carrying out the provisions of the above-cited federal
law.
(2001 Code, sec. 4.212)
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, or attempt to injure, intimidate or interfere with:
(1)
Any
person because of race, color, sex, religion or national origin and
because he/she is or has been selling, purchasing, renting, financing,
occupying, or contracting or negotiating for the sale, purchase, rental,
financing or occupation of any service, organization or facility relating
to the business of selling or renting dwellings;
(2)
Any
person because he/she is or has been, or in order to intimidate such
person or any other person or class of persons from:
(A)
Participating, without discrimination on account of race, color,
sex, religion or national origin, in any of the activities, services,
organizations or facilities described in subsection (1) above; or
(B)
Affording another person or class of person opportunity or protection
to so participate; or
(3)
Any person because he/she is or has been or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, sex, religion or national origin, in any of the activities, services, organizations or facilities described in subsection (1) above, or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity to so participate.
(2001 Code, sec. 4.213)
