[Ord. No. 598, §1; Ord. No. 634, §2; Ord. No. 1035 §1, 9-15-1992]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The chairman of the Planning and Zoning Commission, functioning
here as the chairman of the fair housing commission and human rights
commission of the city.
The city Fair Housing Code.
The City Planning and Zoning Commission, functioning here
as the Fair Housing Commission and Human Rights Commission of the
City.
An act that is unlawful under section 9AA-2.
Any building, structure or portion thereof located within
the city which is occupied as, or 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.
Includes a single individual.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
[Ord. No. 598, §1; Ord. No. 1035 §2, 9-15-1992]
Except as exempted by section 9AA-3, it shall be unlawful for
any person to:
(a)
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,
national origin or sex.
(b)
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,
national origin or sex.
(c)
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, national origin or
sex, or an intention to make any such preference, limitation or discrimination.
(d)
Represent to any person because of race, color, religion, national
origin or sex that any dwelling is not available for inspection, sale
or rental when such dwelling is in fact so available.
(e)
For profit, induce or attempt to induce any person to sell or rent
any dwelling by representation regarding the entry or prospective
entry into the neighborhood of a person of a particular race, color,
religion, national origin or sex.
(f)
Discriminate on the basis of handicapped status in the admission
of or access to or employment in the programs or activities of the
City.
[Ord. No. 598, §1]
Nothing in this Code 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 purpose 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 sex. Nor
shall anything in this Code prohibit a private club not in fact open
to the public which, as an incident to its primary purpose, 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.
[Ord. No. 598, §1]
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans, to deny a loan or other financial assistance to
a person applying therefor for the purpose of purchasing, constructing,
improving, repairing or maintaining a dwelling, or to discriminate
against him in the fixing of the amount, interest rate, duration or
other terms or conditions of such loan or other financial assistance
because of the race, color, religion, national origin or sex of such
person or of any person associated with him in connection with such
loan or other financial assistance or the purposes of such loan or
other financial assistance, or of the present or prospective owners,
lessees, tenants or occupants of the dwelling in relation to which
such loan or other financial assistance is to be made or given.
[Ord. No. 598, §1]
It shall be unlawful for any person to deny any person access
to or membership or participation in any multiple-listing service,
real estate broker's organization or other service, organization
or facility relating to the business of selling or renting dwellings,
or to discriminate against him in the terms or conditions of such
access, membership or participation on account of race, color, religion,
national origin or sex.
[Ord. No. 598, §1]
The authority and responsibility for administering this Code
shall be in the commission. The commission shall administer this Code
in a manner affirmatively to further the policies of this Code and
to prevent or eliminate discriminatory housing practices. The commission
shall cooperate with and render technical assistance to federal, state,
local or other public or private agencies, organizations and institutions
which are formulating or carrying out programs to prevent or eliminate
discriminatory housing practices.
[Ord. No. 598, §1]
(a)
Any person claiming to be aggrieved or injured by a discriminatory
practice prohibited by this chapter or who believes that he will be
irrevocably aggrieved or injured by a discriminatory practice prohibited
by this chapter which is about to occur may file a complaint with
the commission. All complaints shall be in writing, shall be signed
by the complainant on his oath, shall state the facts upon which the
complaint is based and shall contain such other information and shall
be in such form as the commission may require. All complaints may
be reasonably and fairly amended at any time with leave of the commission.
All complaints shall be filed within sixty days after occurrence of
the alleged discriminatory practice. A copy of a complaint and all
amendments thereto shall be given to the person who allegedly has
committed or who allegedly is about to commit a discriminatory practice.
The commission shall investigate and determine, within thirty days
after receiving a complaint, if cause exists for the allegations made
in the complaint. If the commission finds cause for complaint, it
shall have thirty days in which to eliminate or correct the alleged
discriminatory practice by informal methods of conference, conciliation
and persuasion. If the commission finds no cause for complaint, it
shall dismiss the complaint.
(b)
The commission or any member may issue a complaint against any person
who it has reason to believe has engaged in a discriminatory practice
prohibited by this chapter.
(c)
An answer to a complaint may be filed by the person who allegedly
has committed or who allegedly is about to commit a discriminatory
practice. Answers shall be in writing, shall be signed by each respondent
on his oath, shall state the facts upon which the answer is based
and shall contain such other information and shall be in such form
as the commission may require. All answers shall be filed within five
days prior to any hearing of the matters alleged in the complaint;
except, that when requested in writing and for good cause shown, the
commission may permit the filing of an answer at any time. Answers
may be reasonably and fairly amended at any time with leave of the
commission. A copy of an answer and all amendments thereto shall be
given to the complainant.
(d)
If informal methods of conference, conciliation and persuasion fail,
the commission shall set a date for hearing of the matters alleged
in the complaint, which date shall be within thirty days after expiration
of the period established for such informal methods or after earlier
determination by the commission that such informal methods have failed.
The commission shall give written notice to the complainant and respondent
as to the day, hour, place and purpose of the hearing and shall supply
them with a copy of the commission's rules of procedure. Written
notice of the hearing shall be given to each complainant and respondent
at least fifteen days prior to the date of hearing. The hearing shall
be open to the public.
Hearings shall be conducted in a fair and impartial manner according
to the commission's rules of procedure. Each complainant and
respondent may appear with legal counsel and shall have the right
to present proof, examine witnesses and in all manner be fully heard
in all matters relating to the complaint and subsequent related occurrences.
With the consent of the complainant, the commission may appoint as
its legal counsel the city prosecuting attorney's office to present
the case in support of the complaint.
(e)
Within twenty days after a hearing, if upon all the evidence a majority
of the members of the commission in attendance at the hearing find
that a respondent has engaged in or is about to engage in a discriminatory
practice prohibited by this chapter, the commission shall issue its
findings of fact and determination and its order to cease and desist,
or other appropriate order, and shall cause such order to be served
upon each complainant and respondent.
(f)
Within twenty days after a hearing, if upon all the evidence a majority
of the members of the commission in attendance at the hearing do not
find that a respondent had engaged in or is about to engage in a discriminatory
practice prohibited by this chapter, the commission shall issue its
findings of fact and determination and its order dismissing the complaint,
and any other appropriate order, and shall cause such order to be
served upon each complainant and respondent.
[Ord. No. 598. §1]
Within ten days following the issuance by the commission of
its findings of fact and determination and order or orders, any complainant
or respondent may file with the commission a written motion for rehearing
which shall be granted upon the affirmative vote of at least a majority
of the members of the commission in attendance at the hearing.
No rehearing shall be had except in cases where a material fact
becomes known subsequent to the hearing and where such material fact
was not known or could not have been known to the party requesting
the rehearing either before or during the hearing by the application
of reasonable diligence.
[Ord. No. 598, §1]
The commission shall certify the entire case to the city prosecuting
attorney for appropriate action in cases of noncompliance with its
order to cease and desist or other appropriate order.
[Ord. No. 598, §1]
(a)
Any person who shall commit a discriminatory practice in violation
of this chapter shall, upon conviction therefor, be punished for each
such violation by a fine of not less than fifty dollars nor more than
five hundred dollars.
(b)
In addition to the above penalties, the city prosecuting attorney
shall take such other actions at law or in equity as may be required
to correct or eliminate any violations of this chapter.
