The purpose of this ordinance is to encourage landlords to participate in the Housing Choice Voucher program and to establish a right of tenants to be free of discrimination based on the source of their income or the use of rental subsidies and other rental programs.
It is unlawful for any person to do any of the following as wholly or partially based on source of income:
A. 
To interrupt, terminate, or 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 clause, condition or restriction;
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.
For purposes of this chapter, "source of income" means all lawful sources of income or rental assistance program, security deposit assistance program or housing subsidy program.
A. 
Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in a multi-family development that contains five or fewer dwelling units.
B. 
Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit otherwise prohibited by law.
A. 
Civil Injunctive Relief. Any aggrieved person may enforce the provisions of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by the city attorney, county counsel, the district attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.
B. 
Civil Liability. Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter may be subject to the enforcement penalties and procedures in Chapter 8.02 of this Code. In addition to the enforcement penalties and procedures included in Chapter 8.02, the City may pursue any remedies provided by law.
C. 
Criminal Penalty. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be subject to the penalties identified in subsection A of Section 8.03.030 of this Code.
(Ord. 1351, 5/6/2024)
A. 
The City shall not be liable for any damages, costs, or expenses which are the result of any act or omission of or any decision made by any person (e.g., mediator, arbitrator, or court) concerning an anti-discrimination right claim or a complainant's assertions pertaining to rights granted or conferred by this chapter.
B. 
Under no circumstances shall the City have any responsibility or liability to enforce this chapter or to seek any legal redress, civil or criminal, for any decision it or any other person makes concerning an anti-discrimination claim.
(Ord. 1210, November 21, 2005; Ord. 1351, 5/6/2024)