The purpose of this chapter is to increase affordable housing opportunities by prohibiting discrimination on the basis of tenants' participation in third party rental assistance programs. This chapter does not intend to restrict or limit operational aspects of rental housing management, such as establishment of tenant rules, security requirements or other landlord/tenant conditions not related to sources of income or financial discrimination.
(Ord. 2019-012 § 1)
"Aggrieved person"
means the individual directly subjected to the alleged discrimination.
"Person"
means any individual, firm, corporation, or other organization or group of persons, however organized.
"Source of income"
as used in this chapter means any lawful source of income or rental assistance from any Federal, State, local, or non-profit-administered benefit or subsidy program that is intended to subsidize the full term of the lease, including, but not limited to, the Section 8 Housing Choice voucher program and HUD VASH vouchers.
(Ord. 2019-012 § 1)
It is unlawful for any person to do any of the following related to the rental of real property for residential use when wholly or partially based on sources of income, as defined herein:
(A) 
To interrupt, terminate, fail or refuse to initiate or conduct any transaction in real property including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction.
(B) 
To include in the terms or conditions of a transaction in real property, any discriminating clause, condition or restriction due to source of income.
(C) 
To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee.
(D) 
To make, print, publish, advertise, or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.
(E) 
It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:
(1) 
Fails to account for any rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program, or housing subsidy program including, but not limited to, the Section 8 Housing Choice voucher program and the HUD VASH vouchers, on the same basis as rental payments to be made directly by the tenant or prospective tenant;
(2) 
Fails to account for the aggregate sources of income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together, so long as legal occupancy limits are not exceeded.
(Ord. 2019-012 § 1)
(A) 
Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.
(B) 
Nothing in this chapter shall be construed to prohibit a requirement for a guarantor or cosigner based on amount of income or credit worthiness.
(C) 
Nothing in this chapter shall be construed to require a person to rent a housing accommodation to a family or tenants whose total number of persons exceeds the reasonable living space in the rental unit, defined as two people per bedroom plus one person.
(D) 
Nothing in this chapter shall be construed to apply to refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with Section 10-46.030(D) which prohibits discriminatory notices, statements and advertisements.
(Ord. 2019-012 § 1)
(A) 
Civil Action. A civil action may be pursued under either or both of the following:
(1) 
Any aggrieved person may enforce the provisions of this chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence.
(2) 
The City may elect to enforce the provisions of this chapter.
(B) 
Injunction. Any aggrieved person may enforce the provisions of this section by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this section may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(C) 
Penalties and Other Monetary Awards. Any person who violates, aids or incites another person to violate the provisions of this chapter is liable for each and every such offense for special and general damages suffered by any aggrieved party, and shall be liable for such attorneys' fees and costs as may be determined by the court in addition thereto.
(D) 
Non-Exclusive Remedies and Penalties. The remedies provided in this chapter are not exclusive, and nothing in this chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Ord. 2019-012 § 1)