Sec. 6-2-1. Declaration of policy. back to top
It is the policy of the City, through fair, orderly and lawful procedures to promote the opportunity for each person to obtain housing without regard to race, color, sex, religion, national origin, handicap, or familial status. This policy is grounded upon the recognition of the right of every person to have access to adequate housing of the person's choice, and the denial of this right because of race, color, sex, religion, national origin, handicap, or familial status is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust deprivation of rights, which is within the power and proper responsibility of government to prevent.
(Code 1960, § 6-2; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)
Sec. 6-2-2. Definitions. back to top
[The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this chapter, except where the context clearly indicates a different meaning:]
Discrimination means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or other differentiation in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap or familial status.
Dwelling means any Structure which is occupied as, or designed or intended for occupancy as, a Residence by one (1) or more families, or any vacant land which is offered for sale or lease for the construction or location of any such Structure.
Familial Status means one (1) or more individuals (who have not attained the age of eighteen (18) years) being domiciled with:
(1) A parent or another person having legal custody of such individual or individuals; or
(2) 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 eighteen (18) years.
Family includes a single individual.
Handicap means a physical or mental impairment that substantially limits one major life activity, a record of such an impairment, or being regarded as having such an impairment. The term does not include current, unauthorized use of or addiction to controlled substances (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
Person includes one (1) 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.
To rent includes to lease, sublease, to let or to otherwise grant for a consideration, the right to occupy premises not owned by the occupant.
(Code 1960, § 6-1; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)
Sec. 6-2-3. Offenses. back to top
(a) It shall be unlawful for any person, after the making of a bona fide offer, to make unavailable or deny a Dwelling to any person because of race, color, religion, national origin, sex, handicap or familial status.
(b) It shall be unlawful for any person 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, national origin, sex, handicap or familial status.
(c) It shall be unlawful for any person to engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies a Dwelling to any person because of race, color, religion, national origin, sex, handicap, or familial status.
(d) It shall be unlawful for any person 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 (i) any preference, limitation or discrimination because of race, color, religion, national origin, sex, handicap, or familial status, or (ii) an intention to make any such preference, limitation or discrimination.
(e) It shall be unlawful for any person to represent to any person because of race, color, religion, national origin, sex, handicap, or familial status that any Dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(f) It shall be unlawful for any person, for profit, 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, national origin, sex, handicap or familial status.
(g) 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 or in the provision of other financial assistance, 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 any person, 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, sex, handicap or familial status of such a persons associated with the applicant in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the Dwelling or Dwellings in relation to which such loan or other financial assistance is to be made or given.
(h) As to a multiple listing service, real estate brokers' association or other service organization or facility relating to the business of selling or renting a dwelling, it shall be unlawful, because of race, color, religion, national origin, sex, handicap, or familial status:
(1) To deny a person access to or membership or participation in the service, organization or facility; or
(2) To discriminate against a person in the terms or conditions of such access or membership or participation.
(Code 1960, § 6-3; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)
Sec. 6-2-4. Exceptions. back to top
(a) Nothing in this chapter shall apply to:
(1) Any single-family house sold by an owner, provided that such private individual owner:
a. Has not sold more than one (1) house within the twenty-four-month period preceding the date of sale, unless such owner was either:
1. Residing in such house at the time of such sale; or
2. Was the most recent resident of such house prior to such sale; and
b. Does not use in any manner the services or facilities of a real estate broker, agent or salesman (or any other person in the business of selling or renting housing units) in the sale or rental of any such single-family house; and
c. Has not published, posted or mailed any advertisement or written notice in violation of section 6-3(d) of this chapter; and
d. Does not own or have 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 (3) such single-family houses at any one time.
(2) The renting of space within a single-family dwelling unit by the occupant of such unit to any other person or persons.
(b) Nothing in this chapter shall prohibit:
(1) 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 to persons of the same religion or from giving preference to such persons, provided that:
a. Such sale, rental or occupancy is not for a commercial purpose; and
b. Membership in such religion is not restricted because of race, color or national origin.
(2) A private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodging which it owns or operates, from limiting the rental or occupancy of such lodgings to its members or giving preference to its members, provided that such lodging is not owned or operated for a public commercial purpose.
(c) The procedures prescribed by this chapter do not constitute an administrative prerequisite to any other action or remedy available under the law.
(d) Nothing in this chapter shall prohibit the Human Relations Commission of the City from hearing and investigating complaints alleging any type of discrimination.
(e) Nothing in this chapter shall be construed to change the building codes or zoning ordinances of the City.
(Code 1960, § 6-4; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)
Sec. 6-2-5. Enforcement. back to top
In construing this chapter, it is the intent of the City Commission that the Municipal Court shall be guided by federal court interpretations of Title VIII of the Civil Rights Act of 1968, as amended.
(Code 1960, § 6-5; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)
Sec. 6-2-6. Penalty. back to top
Any person convicted of violating any provision of this chapter shall be deemed guilty of a misdemeanor and subject to a fine not exceeding five hundred dollars ($500.00). Any person who has been previously convicted of a violation of this chapter shall be subject, upon subsequent conviction, to a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day a violation of this chapter exists shall constitute a separate offense.
(Code 1960, § 6-6; Ord. No. 5639, § 1, 10-28-86; Ord. No. 5834, § 1, 10-24-89)