[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-1963 by Ord. No. 63-6]
Act No. 167, of the Public Acts of 1917, as amended (MCLA §§ 125.401 to 125.519, Compiled Laws of 1948), known as the "Housing Law of Michigan," is hereby adopted by reference as an ordinance of the City of Royal Oak.
Every person who shall violate or assist in the violation of any provision of the said Housing Law of Michigan shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding $100 or be imprisoned in the Royal Oak City Jail or the Oakland County Jail for a period not exceeding 90 days, or be both so fined and imprisoned in the discretion of the court.
Nothing herein contained shall repeal any ordinance or part of any ordinance heretofore in effect, or hereinafter enacted by the City of Royal Oak.
Copies of said Act No. 167, of the Public Acts of 1917, as amended, shall be kept in the office of the City Clerk, such copies to be available for public inspection and use by the public.
Editor's Note: See MCLA § 125.401 et seq.
[Adopted 2-7-1977 by Ord. No. 77-4]
This article shall be known and may be cited as the "Fair Housing Ordinance."
For the purpose of the provisions of this article, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
- Chronological age.
- The Human Relations Commission established by this article.
- A member of the Commission.
- A written statement, given under oath, alleging an unfair housing practice.
- Its customary definition as well as a single individual.
- A determinable physical or mental condition of an individual or a history of such condition which may result from disease, accident, condition of birth, or functional disorder which constitutes a physical or mental limitation which is unrelated to an individual's ability to acquire, rent, or maintain property.
- HOUSING ACCOMMODATION
- Includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home of residence of one or more individuals.
- NATIONAL ORIGIN
- Includes the national origin of an ancestor.
- Includes an individual, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, any other legal or commercial entity, the state or any governmental entity or agency.
- REAL ESTATE BROKER OR SALESMAN
- A person, whether licensed or not; who for, or with, the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication, or a person employed by or acting on behalf of any of these.
- REAL ESTATE TRANSACTION
- Includes the sale, exchange, rental or lease of real property.
- REAL PROPERTY
- Includes buildings, structure, real estate, land, tenements, lease-holds, interests in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein.
- STATE COMMISSION
- The Civil Rights Commission created by the Constitution of 1963.
- TO PUBLISH OR ADVERTISE
- A communication by the owner or lessor or a person at his request relative to an offer of sale, rental or lease of a housing accommodation.
There is hereby created a Human Relations Commission which shall consist of five members duly appointed by the Mayor with the approval of the City Commission to serve for terms of four years each; provided, however, that three members of the first such Commission so appointed shall serve for terms of two years each.
The Commission shall have the power to establish its own rules of procedure which are not in conflict with the procedural requirements of Act 112, Public Acts of 1968, State of Michigan, as amended, and all complaints filed with the Commission shall be handled in the manner required by the rules of the Commission.
Editor's Note: See now MCLA § 37.2101 et seq.
The Commission shall conduct such research, informational, and educational programs and provide such services as in its discretion it believes will further the purpose of this article and the improvement of human relations and equal opportunity in the City of Royal Oak.
The Human Relations Commission created by this article shall have all the powers and duties within its geographical jurisdiction which the State Commission has under the provisions of Chapter 4 of Act No. 112, Public Acts of 1968, State of Michigan, as amended; provided, however, that said Human Relations Commission shall not issue cease and desist orders without first obtaining the written approval of the State Commission as required by the provisions of Chapter 6 of Act No. 112, as amended.
It is an unfair housing practice for an owner, a real estate broker or real estate salesman, or any other person to commit any of the following practices because of race, color, religion, national origin, sex, marital status, age or handicap:
To refuse to negotiate for a real estate transaction.
To refuse to engage in a real estate transaction.
To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith.
To refuse to receive from, or to fail to transmit to, a person a bona fide offer to engage in a real estate transaction.
To represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect real property, under reasonable conditions.
To publish or advertise, directly or indirectly, an intent to discriminate or limit.
To use a form of application for a real estate transaction for the purpose of limiting or discriminating.
To make a record or inquiry in connection with a prospective real estate transaction which indicates the race, color, religion, or national origin, sex, marital status, or handicap of a person.
To offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith with respect to race, color, religion or national origin, sex, marital status, age or handicap.
It is an unfair housing practice for a person, for the purpose of inducing a real estate transaction from which he may benefit financially:
To initiate, instigate or participate in a series of representations, advertisements or contacts within a block, neighborhood or area designed to promote real estate transactions in the block, neighborhood or area based on the implications, directly or indirectly, that changes have occurred or will or may occur in the composition with respect to race, color, religion, national origin, sex, marital status, age or handicap of the owners or occupants in the block, neighborhood or area in which the real property is located, or that changes will or may result in the lowering of property values, or an increase in criminal or antisocial behavior or a decline in the quality of the schools in the block, neighborhood or area in which the real property is located.
To solicit the sale or listing for sale of real property, by telephone, mail or personally, after the property owner has expressly requested the solicitor or the company the solicitor represents to cease such solicitation.
It is an unfair housing practice:
To retaliate or discriminate against a person because he has opposed an unfair housing practice, or because he has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding or hearing under this article.
To coerce a person to engage in an unfair housing practice.
To interfere willfully with the performance of a duty or in the exercise of a power by the Commission or one of its members or representatives under this article.
To obstruct or prevent willfully a person from complying with the provisions of this article or an order issued thereunder.
Nothing in this article shall be deemed to prohibit an owner, lender, or his agent from requiring that an applicant who seeks to buy, rent, lease or obtain financial assistance for housing accommodations supply information concerning the person's financial, business or employment status, or other information designed solely to determine the person's credit worthiness, but not concerning race, color, religion, national origin, sex, marital status, age or handicap. Nothing in this article shall require an owner, real estate broker, or other person to enter into a real estate transaction with a person who does not otherwise have the legal capacity to enter into a self-binding contract.
Section 400-8 of this article does not apply:
To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or lessor or a member of his family resides in one of the housing accommodations.
To the rental of a room or rooms in a single-family dwelling by the owner or lessor if he or a member of his family resides therein.
To the sale or rental by the owner or lessor of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other which was not in any manner listed or publicly advertised for sale or rental.
To the rental of a housing accommodation for not more than 12 months by the owner or lessor where it was occupied by him and maintained as his home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.
With respect to the age provision only, to the sale, rental or lease of housing accommodations meeting the requirements of federal, state, or local housing programs for senior citizens, or accommodations otherwise intended, advertised, designed or operated, bona fide, for the purpose of providing housing accommodations for persons 50 years of age or older.
A violation of this article may be proceeded upon by means of a criminal complaint only when preceded by a written authorization from the Human Relations Commission. Thereafter, any violation of this article shall be deemed a misdemeanor, punishable by a fine not to exceed $500 and/or by imprisonment of not more than 90 days, within the discretion of the court.