It is the policy of the town to provide, within constitutional
limitations, for fair housing throughout the town.
(Ordinance 94-5, sec. 1, adopted 1994; Ordinance 97-48, sec. 1, adopted 1997)
As used in this chapter:
Dwelling.
Any building, structure, or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, 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.
Family.
Means and includes a single individual.
Person.
Means and includes one 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.
Means and includes to lease, to sublease, to let and otherwise
to grant for a consideration the right to occupy premises owned by
the occupant.
(Ordinance 94-5, sec. 2, adopted 1994; Ordinance 97-48, sec. 2, adopted 1997)
A. Subject to the provisions of subsection
A.2 of this section and section
9.44.070 of this chapter, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
1. All dwellings except as exempted by subsection
A.2 of this section;
2. Nothing in section
9.44.040 of this chapter shall apply to:
a. 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 at any one time; provided further, that 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 to one 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 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 time; provided further, that the sale
or rental of any such single-family house shall be excepted from the
application of this title [this chapter] only if such house is sold
or rented: 1) 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 2) without
the publication, posting or mailing, after notice of any advertisement
or written notice in violation of subsection 9.44.040.C of this chapter,
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; or
b. 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 of
such living quarters as his residence.
B. For the purposes of subsection
A.2 of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
1. He
has, within the preceding twelve (12) months, participated as principal
in three (3) or more transactions involving the sale or rental of
any dwelling or any interest therein; or
2. He
has, within the preceding (12) months, participated as agent, other
than in the sale of his own personal residence, in providing sales
or rental facilities or sales or rental services in two (2) or more
transactions involving the sale or rental of any dwelling or any interest
therein; or
3. He
is the owner of any dwelling designed or intended for occupancy by,
or occupied by, five (5) or more families.
(Ordinance 94-5, sec. 3, adopted 1994; Ordinance 97-48, sec. 3, adopted 1997)
As made applicable by section and except as exempted by subsection 9.44.030.A.2 and section
9.44.070 of this chapter, it is unlawful:
A. 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,
national origin, handicap or familial status;
B. 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, handicap or familial status;
C. 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, religion or national origin, or an intention
to make any such preference, limitation or discrimination;
D. To represent
to any person because of race, color, religion or national origin
that any dwelling is not available for inspection, sale or rental
when such dwelling is in fact so available;
E. For
profit, 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, religion or national origin.
(Ordinance 94-5, sec. 4, adopted 1994; Ordinance 97-48, sec. 4, adopted 1997)
It is 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 race, color, religion, national origin, handicap or familial
status 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; provided, that nothing contained in this section
shall impair the scope or effectiveness of the exception contained
in subsection 9.44.030.A.2 of this chapter.
(Ordinance 94-5, sec. 5, adopted 1994; Ordinance 97-48, sec. 5, adopted 1997)
It is 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 him in the terms or conditions of such access, membership
or participation, because of race, color, religion, national origin,
handicap or familial status.
(Ordinance 94-5, sec. 6, adopted 1994; Ordinance 97-48, sec. 6, adopted 1997)
Nothing is this chapter 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 or 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 or national origin. Nor shall
anything in this chapter prohibit a private club not in fact open
to the public, which as an incident to its primary purpose or purposes
provides lodgings 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.
(Ordinance 94-5, sec. 7, adopted 1994; Ordinance 97-48, sec. 7, adopted 1997)
A. The
authority and responsibility for administering this act shall be in
the mayor of the town.
B. The
mayor may delegate any of these functions, duties and powers to employees
of the town or to boards of such employees, including functions, duties
and powers with respect to investigating, conciliating, hearing, determining,
ordering, certifying, reporting or otherwise acting as to any work,
business or matter under this chapter. The mayor shall by rule prescribe
such rights of appeal from the decisions of his hearing examiners
to other hearing examiners or to other officers in the town, to boards
or officers or to himself, as shall be appropriate and in accordance
with law.
C. All
executive departments and agencies shall administer their programs
and activities relating to housing and urban development in a manner
affirmatively to further the purposes of this chapter and shall cooperate
with the mayor to further such purposes.
(Ordinance 94-5, sec. 8, adopted 1994; Ordinance 97-48, sec. 8, adopted 1997)
Immediately after the enactment of the ordinance codified in
this chapter, the mayor shall commence such educational and conciliatory
activities as will further the purposes of this chapter. He shall
call conferences of persons in the housing industry and other interested
parties to acquaint them with the provisions of this chapter and his
suggested means of implementing it, and shall endeavor with their
advice to work out programs of voluntary compliance and of enforcement.
(Ordinance 94-5, sec. 9, adopted 1994; Ordinance 97-48, sec. 9, adopted 1997)
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 “person aggrieved”) may file a complaint with the mayor. Complaints shall be in writing and shall contain such information and be in such form as the mayor requires. Upon receipt of such a complaint, the mayor shall furnish a copy of the same to the person or persons who allegedly committed or [were] about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under subsection
C of this section, the mayor shall investigate the complaint and give notice in writing to the person aggrieved whether he intends to resolve it. If the mayor decides to resolve the complaints, he shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. Any employee of the mayor who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety (90) days or both.
B. A complaint under subsection
A of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and 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 and, with the leave of the mayor, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
C. If within
thirty (30) days after a complaint is filed with the mayor, the mayor
has been unable to attain voluntary compliance with this chapter,
the person aggrieved may, within thirty (30) days thereafter, file
a complaint with the Secretary of the Department of Housing and Urban
Development. The mayor will assist in this filing.
D. If the
mayor has been unable to obtain voluntary compliance within thirty
(30) days of the complaint, the person aggrieved may, within thirty
(30) days thereafter, commence a civil action in any appropriate court,
against the respondent named in the complaint, to enforce the rights
granted or protected by this chapter, insofar as such rights relate
to the subject of the complaint. If the court finds that a discriminatory
housing practice has occurred or is about to occur, the court may
enjoin the respondent from engaging in such practice or order such
affirmative action as may be appropriate.
E. In any
proceeding brought pursuant to this section, the burden of proof shall
be on the complainant.
F. Whenever
an action filed by an individual shall come to trial, the chief executive
office shall immediately terminate all efforts to obtain voluntary
compliance.
(Ordinance 94-5, sec. 10, adopted 1994; Ordinance 97-48, sec. 10, adopted 1997)
A. In conducting
an investigation the mayor shall have access at all reasonable times
to premises, records, documents, individuals, and other evidence or
possible sources of evidence and may examine, record and copy such
materials and take and record the testimony or statements of such
persons as are reasonably necessary for the furtherance of the investigation;
provided, however, that the mayor first complies with the provisions
of the fourth amendment relating to unreasonable searches and seizures.
The mayor may issue a subpoena to compel his access to or the production
of such materials, or the appearance of such persons, and may issue
interrogatories to a respondent, to the same extent and subject to
the same limitations as would apply if the subpoena or interrogatories
were issued or served in aid of a civil action in the United States
district court for the district in which the investigation is taking
place. The mayor may administer oaths.
B. Upon
written application to the mayor, a respondent shall be entitled to
the issuance of a reasonable number of subpoenas by and in the name
of the mayor to the same extent and subject to the same limitations
as subpoenas issued by the mayor himself. Subpoenas issued at the
request of a respondent shall show on their face the name and address
of such respondent and shall state that they were issued at his request.
C. Witnesses
summoned by subpoena of the mayor shall be entitled to the same witness
and mileage fees as are witnesses in proceedings in United States
district courts. Fees payable to a witness summoned by a subpoena
issued at the request of a respondent shall be paid by him.
D. Within
five (5) days after service of a subpoena upon any person, such person
may petition the mayor to revoke or modify the subpoena. The mayor
shall grant the petition if he finds that the subpoena requires appearance
or attendance at an unreasonable time or place, that it requires production
of evidence which does not relate to any matter under investigation,
that it does not describe with sufficient particularity the evidence
to be produced, that compliance would be unduly onerous, or for other
good reason.
E. In case
of contumacy or refusal to obey a subpoena, the mayor or other person
at whose request it was issued may petition for its enforcement in
the municipal or state court for the district in which the person
to whom the subpoena was addressed resides, was served, or transacts
business.
F. Any
person who willfully fails or neglects to attend and testify or to
answer any lawful inquiry or to produce records, documents, or other
evidence, if in his power to do so, in obedience to the subpoena or
lawful order of the mayor shall be fined not more than five hundred
dollars ($500.00) or imprisoned not more than ninety (90) days, or
both. Any person who, with intent thereby to mislead the mayor, shall
make or cause to be made any false entry or statement of fact in any
report, account, record or other document submitted to the mayor pursuant
to his subpoena or other order, or shall willfully neglect or fail
to make or cause to be made full, true, and correct entries in such
reports, accounts, records or other documents, or shall willfully
mutilate, alter, or by any other means falsify any documentary evidence,
shall be fined not more than five hundred dollars ($500.00) or imprisoned
not more than ninety (90) days, or both.
G. The
town attorney shall conduct all litigation in which the mayor participates
as a party or as amicus pursuant to this chapter.
(Ordinance 94-5, sec. 11, adopted 1994; Ordinance 97-48, sec. 11, adopted 1997)
A. The rights granted by sections
9.44.030 through
9.44.060 of this chapter and [sic] may be enforced by civil actions in state or local courts of general jurisdiction. A civil action shall be commenced within one hundred eighty (180) days after the alleged discriminatory housing practice occurred; provided, however, that the court shall continue such civil case brought pursuant to this section or subsection 9.44.100.D of this chapter from time to time before bringing it to trial if the court believes that the conciliation efforts of the mayor are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the mayor and which practice forms the basis for the action in court; and provided, however, that any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrances, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter, shall not be affected.
B. The
court may grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order, or other order,
and may award to the plaintiff actual damages and not more than one
thousand dollars ($1,000.00) in punitive damages, together with court
costs and reasonable attorney fees in the case of a prevailing plaintiff;
provided, that the said plaintiff in the opinion of the court is not
financially able to assume said attorney fees.
(Ordinance 94-5, sec. 12, adopted 1994; Ordinance 97-48, sec. 12, adopted 1997)
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections
9.44.030 through
9.44.060 of this chapter. This section may be enforced by appropriate civil action.
(Ordinance 94-5, sec. 13, adopted 1994; Ordinance 97-48, sec. 13, adopted 1997)
Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with:
A. Any
person because of his race, color, religion or national origin and
because he 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: or
B. Any
person because he is or has been, or in order to intimidate such person
or any other person or any class or persons from:
1. Participating, without discrimination because of color, religion, national origin, handicap or familial status, or in [sic] activities, services, organizations or facilities described in subsection
A of this section; or
2. Affording
another person or class of persons opportunity or protection so to
participate; or
C. Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection
A of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate, shall be fined not more than ten thousand dollars ($10,000.00), or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than ten thousand dollars ($10,000.00), or imprisoned not more than ten (10) years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(Ordinance 94-5, sec. 15, adopted 1994; Ordinance 97-48, sec. 15, adopted 1997)