[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,[1] shall be kept in the office of the City Clerk, such copies to
be available for public inspection and use by the public.
[1]
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.
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.
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.
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.
Includes the sale, exchange, rental or lease of 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.
The Civil Rights Commission created by the Constitution of 1963.
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.
A.Â
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.
B.Â
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,[1] and all complaints filed with the Commission shall be handled
in the manner required by the rules of the Commission.
[1]
Editor's Note: See now MCLA § 37.2101 et seq.
C.Â
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.
D.Â
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.
A.Â
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:
(1)Â
To refuse to negotiate for a real estate transaction.
(2)Â
To refuse to engage in a real estate transaction.
(3)Â
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.
(4)Â
To refuse to receive from, or to fail to transmit to,
a person a bona fide offer to engage in a real estate transaction.
(5)Â
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.
(6)Â
To publish or advertise, directly or indirectly, an intent
to discriminate or limit.
(7)Â
To use a form of application for a real estate transaction
for the purpose of limiting or discriminating.
(8)Â
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.
(9)Â
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.
B.Â
It is an unfair housing practice for a person, for the
purpose of inducing a real estate transaction from which he may benefit financially:
(1)Â
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.
(2)Â
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.
C.Â
It is an unfair housing practice:
(1)Â
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.
(2)Â
To coerce a person to engage in an unfair housing practice.
(3)Â
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.
(4)Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
