[Added 2-21-1978 by Ord. No. 5087]
It is hereby declared that discriminatory practices as defined in this article are against the public policy of the City.
As used in this article the term "discriminate" shall mean to make distinctions in treatment because of race, color, religion, sex, disability, national origin or ancestry of any person.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-3-1981 by Ord. No. 5235]
It shall be an unlawful discriminatory practice:
A. 
For any person, having the right, responsibility, or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to refuse to sell, negotiate for sale, rent, negotiate for rent, lease, assign, or sublease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein because of the race, color, religion, sex, disability, national origin or ancestry of the person.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
For any person having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to impose upon any person because of the race, color, religion, sex, disability, national origin or ancestry of such person unusual, extraordinary owner's terms, conditions, or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
For any person having the right, responsibility, or authority to rent, sell, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to directly or indirectly advertise or in any other manner indicate or publicize that the purchase, rental, lease, sublease or assignment, listing, showing or lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein by persons of any particular race, color, religion, sex, disability, national origin or ancestry is unwelcome, objectionable, not acceptable, or not solicited.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
For any person engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to discriminate because of the race, color, religion, sex, disability, national origin or ancestry of any person applying for loans or guarantees or mortgages in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein or to place unusual, extraordinary, or onerous rates of interest, terms or conditions on the lending of said money, the guaranteeing of said loans, the acceptance of said mortgages or the availability of such funds.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or part or portion thereof because of the race, color, religion, sex, disability, national origin or ancestry of any person making application for such facilities or services.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
For any person in the real estate business, whether a dealer or broker or regardless of the capacities in which serving, to discriminate in the selling, renting, leasing, assigning or subleasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein against any person because of the race, color, religion, sex, disability, national origin or ancestry of such person and further to indicate in any way that any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein is not available for inspection, sale, rental, lease, assignment or sublease, or to otherwise deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein from any person because of the race, color, religion, sex, disability, national origin or ancestry of such person.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
For any person to include in any agreement relating to the sale, rental, lease, assignment or sublease of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, as a condition of said transaction, that the purchaser, renter, tenant, occupant, or assignee does agree not to sell, rent, lease, assign or sublease said dwelling unit, commercial unit or real property or any part or portion thereof or interest therein to any person because of the race, color, religion, sex, disability, national origin or ancestry of such person.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
For any person to discriminate or to engage in economic or other reprisals against another person because such person complies with the provisions of this article or has opposed any practice forbidden under this article or has filed complaint, testified, or assisted in any proceeding under this article.
I. 
For any person to aid, abet, incite, compel, coerce, cooperate, or participate in the doing of any act declared to be a discriminatory practice under the provisions of this article, or to obstruct or prevent compliance with the provisions of this article, or to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.
J. 
For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein by representing that a change has occurred or will or may occur with respect to the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, color, religion, or national origin or ancestry in the area will or may result in:[8]
(1) 
The lowering of property values.
(2) 
A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located.
(3) 
An increase in criminal or antisocial behavior in the area.
(4) 
A decline in the quality of the schools serving the area.
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
To make any representations to any prospective seller, real estate broker, salesman, agent, or owner or to any financial institution for the purpose of obtaining facts or evidence when such representation is not made for a bona fide purchase, rental, or lease; provided, however, that this subsection shall not apply to any person employed by the City or the state whose duty it is to discover or prosecute violations of civil rights relating to open housing.
L. 
For any person to refuse, deny or make a distinction, directly or indirectly, in offering his or her goods, services, facilities, or accommodations to any person, in any hotel, motel, cabin, camp, restaurant, trailer court, barbershop, beauty shop, amusement park, recreation area, bowling alley, billiard parlor, theater, skating rink, swimming pool, lake, gymnasium, mortuary, cemetery, or educational institution which is open to the public or any public transportation facility or other public accommodation, because of race, color, religion, sex, disability, national origin or ancestry.[9]
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-3-1981 by Ord. No. 5235]
The provisions of this article shall not apply to the following:
A. 
Any bona fide religious institution with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.
B. 
A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two families, living independently of each other, if the owner resides in such dwelling.
C. 
A rental or leasing to fewer than five persons living in a dwelling unit by the owner if the owner resides therein.
D. 
A nonprofit private club, not open to the public, which, incident to the primary purpose, provides certain public accommodation, for other than commercial purposes.
A. 
Any person claiming to be aggrieved by an unlawful discriminatory practice which is prohibited by this article, hereinafter referred to as a "complainant," may on his own behalf or by his attorney make, sign and file with the Human Relations Commission a complaint in writing, under oath, which shall state the name and address of the person alleged to have committed an unlawful discriminatory housing or public accommodation practice. The complaint shall set forth the particulars thereof and contain such other information as may be required by the Human Relations Commission.
B. 
Alternatively the Human Relations Commission may issue, in like manner, a verified complaint of an alleged unlawful discriminatory housing or public accommodation practice as defined in this article.
C. 
Any complaint filed pursuant to this section must be filed with the Human Relations Commission within 60 days after the date of the alleged incident.
D. 
In the event of a complaint being filed pursuant to this section, a true copy of such complaint shall forthwith be transmitted by certified United States mail, postage prepaid, addressed to the person complained against.
E. 
Upon the filing of a complaint, the Human Relations Commission shall designate one or more of its members to make a prompt and full investigation of the unlawful discriminatory housing or public accommodation practice alleged. Upon request of the Human Relations Commission, the Equal Opportunity Officer of the City shall conduct said investigation. The Human Relations Commissioner or Equal Opportunity Officer shall make an investigation and report to the full Commission of the findings of the investigation within 30 days after original receipt of such complaint by the Human Relations Commission, provided that, for good cause shown, the Chairperson of the Human Relations Commission may grant one additional thirty-day period to make findings. The investigating Commissioner or Equal Opportunity Officer may attempt to eliminate any suspected discriminatory housing or public accommodation practice by conciliation, mediation or persuasion during the investigation. If the suspected unlawful discriminatory housing or public accommodation practice is eliminated to the satisfaction of the parties prior to the time for filing the report of the investigation with the Commission, a report stating the elimination shall be filed with the Commission by the investigating Commissioner or Equal Opportunity Officer.
F. 
If it is determined by the Human Relations Commission upon the presentation of the report that no probable cause exists for such complaint, the Human Relations Commission shall authorize the Chairperson of the Commission to notify in writing the complainant and the respondent of such determination.
G. 
If the Human Relations Commission determines upon the review of the investigation that probable cause exists for crediting the allegations of the complaint, the Chairperson of the Commission shall direct a copy of said report to the respondent and inform the respondent of the finding by the Commission of probable cause by certified mail.
(1) 
The respondent may request a full evidentiary hearing before the Human Relations Commission to determine whether any unlawful discriminatory housing or public accommodation practices have been committed. The Chairperson of the Commission shall notify the respondent of the respondent's right to request such hearing upon the finding by the Commission that there is probable cause to credit the complaint and that conciliation by the investigating Commissioner or the Equal Opportunity Officer was unsuccessful. The respondent shall, within 10 days of the receipt of said notice, notify the Chairperson of the Commission in writing of the respondent's request for a hearing. If a request for a hearing is received, the Chairperson shall schedule the hearing of the matter within 30 days after the request is received. The Chairperson may grant continuances to the complainant or respondent for good cause shown.
(2) 
After a hearing has been held, the Commission, by majority vote of the Commissioners present at the hearing, shall make a finding no later than the next regular Commission meeting after such hearing has been held of whether or not the respondent has committed the unlawful discriminatory housing or public accommodation practice stated in the complaint.
(a) 
In the event that the Commission finds no unlawful discriminatory housing or public accommodation practices were committed, the case shall be closed and all parties notified of the findings of the Commission by the Chairperson.
(b) 
In the event that the Commission finds that unlawful discriminatory housing or public accommodation practices were committed, all the parties shall be notified of the finding by the Commission by the Chairperson, and the Equal Opportunity Officer or other Commission members designated by the Chairperson shall immediately endeavor to eliminate the unlawful discriminatory housing or public accommodation practice by means of conciliation or persuasion.
(3) 
The Human Relations Commission shall not make public any conciliation proceeding, provided that the Human Relations Commission may make public the terms of conciliation if it has been so authorized by the person against whom the complaint was made.
(4) 
In the event no request for a hearing shall be timely filed by the respondent, the Commission shall make a finding of an unlawful discriminatory housing or public accommodation practice and attempt to eliminate the unlawful discriminatory practice by conciliation and persuasion.
H. 
Nothing contained in this article shall prohibit the Human Relations Commission, or any member thereof, or the Equal Opportunity Officer from attempting to eliminate any unlawful discriminatory housing or public accommodation practice at any stage of the proceedings by mediation, conciliation or persuasion.
I. 
In the event that, by majority vote, the Human Relations Commission determines that the unlawful discriminatory housing or public accommodation practice has been eliminated within 30 days of the findings that a discriminatory practice had been committed, the Human Relations Commission shall take no further action regarding the complaint. In the event that the unlawful discriminatory housing or public accommodation practice is not eliminated by means of conciliation and persuasion within 30 days of the findings of the Commission that an unlawful housing or public accommodation practice has been committed, the Human Relations Commission, by majority vote, may request the City Attorney to prosecute the respondent for violation of this article in the Municipal Court.
J. 
The Human Relations Commission may at any time, by majority vote, request the City Attorney to file an action seeking appropriate injunction relief against a respondent, including orders or decrees restraining or enjoining the respondent from selling or renting to anyone other than the complainant or otherwise making unavailable to the complainant any housing accommodation or real property with respect to which the complaint is made.