[HISTORY: Adopted by the Mayor and Council of the City of
Española 8-24-2010 by Ord. No. 2010-07 (Ch. 58, Art. II,
Div. 2, of the Code of Ordinances). Amendments noted where applicable.]
It is the policy of the City of Española to provide,
within constitutional limitations, for fair housing throughout the
City of Española.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any person who:
The person who holds the highest elected position of the
local unit of government and who is signatory to the Small Cities
Community Development Block Grant agreement with the Local Government
Division.
The person (including the chief elected official) who files a complaint under § 184-10.
With respect to a person, a physical or mental impairment
which substantially limits one or more of such person's major life
activities; a record of having such an impairment; or being regarded
as having such an impairment, but such term does not include current,
illegal use of or addiction to a controlled substance [as defined
in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)].
[Added 11-19-2013 by Ord.
No. 2013-02]
Any building, structure or portion thereof which is occupied
as, designed or intended for occupancy as a residence by one or more
families, and any vacant land which is offered for sale or lease for
the construction or location thereon of any such building, structure
or portion thereof.
One or more individuals (who have not attained the age of
18 years) being domiciled with a parent or another person having legal
custody of such individual or individuals; or the designee of such
parent or other person having such custody, with the written permission
of such parent or other person. The protections afforded against discrimination
on the basis of familial status shall apply to any person who is pregnant,
or is in the process of securing legal custody of any individual who
has not attained the age of 18 years.
Includes a single individual.[1]
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers and fiduciaries.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises owned by the occupant.
[1]
Editor's Note: The definition of "handicap," which immediately
followed this definition, was repealed 11-19-2013 by Ord. No. 2013-02.
B.
Nothing in § 184-4 shall apply to:
(1)
Any single-family house sold or rented by an owner, provided that
such private individual owner does not own more than three such single-family
houses at any one time; provided, further, that in the case of the
sale of any such single-family house by a private individual owner
not residing in such house at the time of such sale, or who was not
the most recent resident of such house prior to such sale, the exemption
granted by this subsection shall apply only with respect to one such
sale within any twenty-four-month period; provided, further, that
such bona fide private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express
or voluntary agreement, title to, or any right to all or a portion
of the proceeds from the sale or rental of, more than three such single-family
houses at any one time; provided, further, that the sale or rental
of any such single-family house shall be excepted from the application
of this chapter only if such house is sold or rented:
(a)
Without the use in any manner of the sales or rental facilities
or the sales or rental services of any real estate broker, agent or
salesperson or of such facilities or services of any person in the
business of selling or renting dwellings, or of any employee or agent
of any such broker, agent, salesperson or person; and
(b)
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 184-4C of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(2)
Rooms or units in dwellings contained living quarters occupied or
intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of
such living quarters as his or her residence.
C.
For the purposes of Subsection B, a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
He or she has, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein; or
(2)
He or she has, within the preceding 12 months, participated as agent,
other than in the sale of his or her own personal residence, in providing
sales or rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any dwelling or any interest
therein; or
(3)
He or she is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five or more families.
[Amended 11-19-2013 by Ord. No. 2013-02]
A.
To refuse to sell or rent after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny, a dwelling to any person because of race,
color, religion, sex, disability, familial status or national origin.
B.
To discriminate against any person in the terms, conditions or privileges
of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion,
sex, disability, familial status or national origin.
C.
To make, print or publish, or cause to be made, printed or published,
any notice, statement or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion, sex, disability, familial
status or national origin, or an intention to make any such preference,
limitation or discrimination.
D.
To represent to any person because of race, color, religion, sex,
disability, familial status or national origin that any dwelling is
not available for inspection, sale or rental when such dwelling is
in fact so available.
E.
For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, color, religion, sex, disability, familial status or national
origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
A.
In general. It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate related transactions
to discriminate against any person in making available such a transaction,
or in the terms or conditions of such a transaction, because of race,
color, religion, sex, disability, familial status or national origin.
B.
Definition. As used in this section, the term "residential real estate
related transaction" means any of the following:
C.
Appraisal exemption. Nothing in this chapter prohibits a person engaged
in the business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion, sex,
disability, familial status or national origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
It shall be unlawful to deny any person access to or membership
or participation in any multiple-listing service, real estate brokers'
organization, or other service, organization, or facility relating
to the business of selling or renting dwellings, or to discriminate
against them in the terms or conditions of such access, membership
or participation because of race, color, religion, sex, disability,
familial status or national origin.
[Amended 11-19-2013 by Ord. No. 2013-02]
Nothing in this chapter shall prohibit a religious organization,
association or society or any nonprofit institution or organization
operated, supervised or controlled by, or in conjunction with, a religious
organization, association or society from limiting the sale, rental
or occupancy of dwellings which it owns or operates for other than
a commercial propose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, national origin or disability;
nor shall anything in this chapter prohibit a private club not in
fact open to the public, which as an incident to its primary purpose
or purposes provides lodgings which it owns or operates for other
than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
A.
The authority and responsibility for administering this chapter shall
be in the chief elected official of the City of Española.
B.
The chief elected official may delegate any of these functions, duties
and powers to employees of the City of Española or to boards
of such employees, including functions, duties and powers with respect
to investigating, conciliating, hearing, determining, ordering, certifying,
reporting or otherwise acting as to any work, business or matter under
this chapter. The chief elected official shall by rule prescribe such
rights of appeal from the decisions of their hearing examiners, to
other hearing examiners or to other offices in the City of Española
to boards of officers or to themselves, as shall be appropriate and
in accordance with law.
C.
All City of Española departments and agencies shall administer
their programs and activities relating to housing and community development
in a manner affirmatively to further the purpose of this chapter and
shall cooperate with the chief elected official to further such purposes.
Immediately after the enactment of this chapter, the chief elected
official shall commence such educational conciliatory activities as
will further the purposes of this chapter. He or she shall call conferences
of persons in the housing industry and other interested parties to
acquaint them with the provisions of this chapter and the suggested
means of implementing it and shall endeavor, with their advice, to
work out programs of voluntary compliance and enforcement.
A.
Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "aggrieved person") may file a complaint with the chief elected official. Complaints shall be in writing and shall contain such information and be in such form as the chief elected official requires. Upon receipt of such a complaint, the chief elected official shall furnish a copy of the same to the person or persons who have committed, or are about to commit, the alleged discriminatory housing practice. Within 30 days after receiving a complaint or within 30 days after the expiration of any period referenced under Subsection C, the chief elected official shall investigate the complaint and give notice in writing to the aggrieved person whether he or she intends to resolve it. If the chief elected official decides to resolve the complaints, he or she shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. Any employee of the chief elected official who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year.
B.
A complaint under Subsection A shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the chief elected official, which shall be granted whenever it would be reasonable and fair to do so, and may amend his answer at any time. Both complaint and answers shall be verified.
C.
If, within 30 days after a complaint is filed with the chief elected
official, the chief elected official has been unable to obtain voluntary
compliance with this chapter, the aggrieved person may, within 30
days thereafter, file a complaint with the Secretary of the Department
of Housing and Urban Development. The chief elected official will
assist in this filing.
D.
If the chief elected official has been unable to obtain voluntary
compliance within 30 days of the complaint, the aggrieved person may,
within 30 days thereafter, commence a civil action in any appropriate
court, against the respondent named in the complaint, to enforce the
rights granted or protected by this chapter, insofar as such rights
relate to the subject of the complaint. If the court finds that a
discriminatory housing practice has occurred or is about to occur,
the court may enjoin the respondent from engaging in such practice
or order such affirmative action as may be appropriate.
E.
In any proceeding brought pursuant to this section, the burden of
proof shall be on the complainant.
F.
Whenever an action filed by an individual comes to trial, the chief
elected official shall immediately terminate all efforts to obtain
voluntary compliance.
A.
In conducting an investigation, the chief elected official shall
have access at all reasonable times to premises, records, documents,
individuals and other evidence or possible sources of evidence and
may examine, record and copy such materials and take and record the
testimony or statements of such persons as are reasonably necessary
for the furtherance or the investigation; provided, however, that
the chief elected official first complies with the provisions of the
Fourth Amendment relating to unreasonable searches and seizures. The
chief elected official may issue subpoenas to compel access to, or
the production of, such materials, or the appearance of such persons
and may issue interrogatories to a respondent, to the same extent
and subject to the same limitations as would apply if the subpoenas
or interrogatories were issued or served in aid of a civil action
in the United States District Court for the district in which the
investigation is taking place. The chief elected official may administer
oaths.
B.
Upon written application to the chief elected official, a respondent
shall be entitled to the issuance of a reasonable number of subpoenas
by and in the name of the chief elected official to the same extent
and subject to the same limitations as subpoenas issued by the chief
elected official. Subpoenas issued at the request of a respondent
shall show on their face the name and address of such respondent and
shall state that they were issued at their request.
C.
Witnesses summoned by subpoena of the chief elected official shall
be entitled to the same witness and mileage fees as are witnesses
in proceedings in United States District Courts. Fees payable to a
witness summoned by a subpoena issued at the request of a respondent
shall be paid by the respondent.
D.
Within five days after service of a subpoena upon any person, such
person may petition the chief elected official to revoke or modify
the subpoena. The chief elected official shall grant the petition
if he or she finds that the subpoena requires appearance or attendance
at an unreasonable time or place, that it requires production of evidence
which does not relate to any matter under investigation, that it does
not describe with sufficient particularity the evidence to be produced,
that compliance would be unduly onerous, or for other good reason.
E.
In case of contumacy or refusal to obey a subpoena, the chief elected
official, or other person at whose request it was issued, may petition
for its enforcement in the municipal or state court for the district
in which the person to whom the subpoena was addressed resides, was
served or transacts business.
F.
Any person who willfully fails or neglects to attend and testify,
or to answer any lawful inquiry, or to produce records, documents
or other evidence, if in his power to do so, in obedience to the subpoena
or lawful order of the chief elected official shall be fined not more
than $1,000 or imprisoned not more than one year, or both. Any person
who, with intent to mislead the chief elected official thereby, shall
make or cause to be made any false entry or statement of fact in any
report, account, record or other document submitted to the chief elected
official pursuant to his subpoena or other order, or shall willfully
neglect or fail to make or cause to be made full, true and correct
entries in such reports, accounts, records or other documents, or
shall willfully mutilate, alter or by any other means falsify any
documentary evidence, shall be fined not more than $1,000 or imprisoned
not more than one year, or both.
G.
The City of Española Attorney shall conduct all litigation
in which the chief elected official participates as a party or as
amicus pursuant to this chapter.
A.
The rights granted by §§ 184-3, 184-4, 184-5, and 184-6 may be enforced by civil actions in the appropriate United States district, state or local court. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred; provided, however, that the court shall continue such civil case brought pursuant to this section or § 184-10D from time to time before bringing it to trial if the court believes that the conciliation efforts of the chief elected official are likely to result in satisfactory settlement of the alleged discriminatory housing practice complained of in the complaint made to the chief elected official and which practice forms the basis for the action in court; and provided, however, that any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrances or tenant without actual notice of the filing of a complaint or civil action under the provisions of this chapter shall not be affected.
B.
The court may grant as relief, as it deems appropriate, any permanent
or temporary injunction, temporary restraining order or other order
and may award to the plaintiff actual damages and not more than $1,000
punitive damages, together with court costs and reasonable attorney
fees in the case of a prevailing plaintiff; provided that the plaintiff,
in the opinion of the court, is not financially able to assume said
attorney's fees.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 184-3, 184-4, 184-5, or 184-6 of this chapter. This section may be enforced by appropriate civil action.
[Amended 11-19-2013 by Ord. No. 2013-02]
Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with (1) any person
because of that person's race, color, religion, sex, disability, familial
status, or national origin and because he or she is or has been selling,
purchasing, renting, financing, occupying or contracting or negotiating
for the sale, purchase, rental, financing, or occupation of any dwelling,
or applying for or participating in any service organization or facility
relating to the business of selling or renting dwellings; or (2) any
person because they are or have been, or in order to intimidate such
person or any other person or any class of persons from participating,
without discrimination because of race, color, religion, sex, disability,
familial status or national origin, or in any of the activities, services
organizations, or facilities described in Subsection (1); or affording
another person or class of persons opportunity or protection so to
participate; or (3) any citizen because he or she is or has been,
or in order to discourage such citizen or any other citizen from lawfully
aiding or encouraging other persons to participate, without discrimination
on account of race, color, religion, sex, disability, familial status
or national origin, in any of the activities, services, organizations
or facilities described in Subsection (1), or participating lawfully
in speech or peaceful assembly opposing any denial of the opportunity
to so participate, shall be fined not more than $1,000, or imprisoned
not more than one year, or both; and if bodily injury results shall
be fined not more $10,000, or imprisoned not more than 10 years, or
both; and if death results shall be subject to imprisonment for any
term of years or for life and/or to other applicable local, state
or federal laws.
