11.32.010 - Policy. back to top
It is the policy of the City, in the exercise of its police powers for the protection of the public safety, public health and general welfare, to assure equal opportunity to all persons to live in decent housing facilities and to eliminate discrimination in all housing accommodations regardless of race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin, and to that end to prohibit discrimination in all housing accommodations by any person.
(Prior code § 8-1)
(Ord. No. O-44-08, § 1, 4-13-2009)
11.32.020 - Definitions. back to top
For the purposes of this chapter the following words and phrases have the meanings respectively ascribed to them by this section:
A. "Discrimination" means any difference in treatment solely because of race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income or national origin in the sale, lease, rental or financing of a housing unit.
B. "Housing unit" means a single room or suite of rooms, or an apartment, or a residential building lot or dwelling house, occupied or intended for occupancy as separate living quarters by an individual, a family, or a group of individuals living together within a multiple housing accommodation.
C. "Lending institution" means any bank, insurance company, savings and loan association or any person or organization regularly engaged in the business of lending money or guaranteeing loans.
(Ord. O-42-06 Amended § 1, 2007: prior code § 8-2)
11.32.030 - Unlawful housing practices. back to top
It is an unlawful housing practice:
A. For any person:
1. To refuse to sell, lease, sublease, rent, assign or otherwise transfer,
2. To refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold or other interest in any housing unit,
3. To represent that a housing unit is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available,
4. Otherwise to deny or withhold any housing unit from any person because of the person's race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin,
5. To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing unit any clause, condition or restriction discriminating against any person in the use or occupancy of such housing unit because of race, color, religion, ancestry or national origin,
6. To discriminate in the furnishing of any facilities, repairs, improvements or services, or in the terms, conditions, privileges or tenure of occupancy of any housing unit because of race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin;
B. For any lending institution:
1. To discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing unit,
2. To discriminate in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of related service because of race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin;
C. For any person in connection with the prospective purchase, rental, lease or financing of any housing, in a manner which indicates race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin:
1. To publish or circulate or to cause to be published or circulated, any notice, statement or advertisement,
2. To announce a policy,
3. To use any form of application for the purchase, lease, rental or financing of any housing unit,
4. To make any record or inquiry;
D. For any person:
1. To aid, abet, compel, coerce or participate in the doing of any act declared to be an unlawful housing practice under this chapter,
2. To obstruct or prevent the enforcement of or compliance with the provisions of this chapter,
3. To attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice;
E. For any person:
1. To induce or attempt to induce any person to transfer an interest in a housing unit by representations regarding the existing or potential proximity of real property or housing units owned, used or occupied by persons of any particular race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin, by direct or indirect methods,
2. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a housing unit resident, occupant or tenant to list for sale, sell, remove from lease, assign, transfer or otherwise dispose of a housing unit by referring to the race, color, religion, disability, familial status, sexual orientation, marital status, sex, lawful income, or national origin of actual, possible or anticipated neighbors, tenants or other prospective buyers of real property as a part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood or any other area,
3. To cause to be made any untrue or misleading statement or in any other manner, as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, religious, nationality or ethnic change in any street, block, neighborhood or any other areas, attempt to obtain a listing of housing units for sale, rental, assignment, transfer or other disposition, where the statement, advertising or other holding out is false or misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement, or to make any other misrepresentations in order to obtain the listing, sale, removal from lease, assignment, transfer or other disposition of housing units,
4. To make, as part of a process or pattern discouraging the purchase, rental, occupancy or other use of housing units in a particular block, neighborhood or area, any representation to any prospective purchaser, lessee or other transferee that the block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to religion, racial, color, nationality or ethnic composition of the block, neighborhood or area,
5. To place a sign or display any other device either purporting to offer for sale, leasing, assignment, transfer or other disposition or tending to lead to the belief that an offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing unit that in fact is not available or offered for sale, lease, assignment, transfer or other disposition, or maintain a display or any sign or other device for more than thirty days after the sale, leasing, assignment, transfer or other disposition of a housing unit,
6. To induce or attempt to induce the sale or listing for sale of a housing unit by representing that the presence or anticipated presence of persons of any particular race, color, religion, ancestry or national origin in the area will or may result in:
a. The lowering of property values
b. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located
c. An increase in criminal or antisocial behavior in the area
d. A decline in quality of the schools serving the area.
(Prior code § 8-3(a))
(Ord. No. O-44-08, § 1, 4-13-2009)
11.32.040 - Exemptions. back to top
Nothing contained in this chapter:
A. Bars any religious institution or organization or any organization operated for or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion with regard to occupancy, leasing, sale or purchase of a housing unit or from making whatever selection is calculated by the organization to promote the religious principles for which it is established or maintained;
B. Applies to the rental or leasing of a room or rooms in a personal residence.
(Prior code § 8-3(b))
11.32.050 - Authority of Human Relations Commission. back to top
The Human Relations Commission may:
A. Initiate or receive and investigate complaints that any person has violated this chapter, seek conciliation of those complaints, hold hearings as provided in this chapter, make findings of fact, subpoena witnesses and records, administer oaths, issue orders and publish its findings of fact and orders in accordance with this chapter;
B. Adopt rules and procedures as may be necessary to carry out the purposes and provisions of this chapter.
(Prior code § 8-5)
11.32.060 - Violation-Complaint. back to top
A. A complaint charging a violation shall be made to the Human Relations Commission in writing under oath or affirmation by an aggrieved individual.
B. The commission shall make a prompt and full investigation of each complaint of any practice made unlawful under this chapter.
C. If, in the opinion of the commission, the complaint fails to make a prima facie case of a violation of the provisions of the chapter, the commission, within five days of its decision, shall send written notice of the decision to all interested parties.
D. If the commission determines, after investigation, that probable cause exists for the allegations made in the complaint, it shall attempt to eliminate the unlawful practice by means of conciliation and persuasion. The commission shall conduct any conciliation proceedings in confidence and without publicity and shall not make public the details of any conciliation proceedings or the identity of any of the parties involved.
E. If conciliation or persuasion fails to eliminate the unlawful practice charged in the complaint, the commission shall hold a public hearing to determine whether or not an unlawful practice has been committed. The commission shall serve upon the person charged with engaging or with having engaged in the unlawful practice a statement of the charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten days after the service of the statement of charges. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person, to be represented by counsel, and to examine and cross-examine witnesses.
F. If, upon all the evidence presented, the commission finds that the respondent has engaged or is engaging in any unlawful practice, it shall issue orders as the facts warrant and shall state its findings of fact in the order.
G. If the respondent fails to comply with an order issued by the commission, it shall certify the case and the entire record of its proceedings to the state's attorney for appropriate action.
(Prior code § 8-6)
11.32.070 - Violation-Injunctive relief. back to top
If, at any time after the filing of the complaint, as provided for in Section 11.32.060, it appears that prior to the completion of the Human Relations Commission's action on the complaint, the housing which is the subject of the complaint may be sold, rented or otherwise made unavailable to the complainant, or that other irreparable harm may occur, the commission may certify the facts in writing to the City Attorney. The City Attorney, within two days of receiving the certification, shall file in the name of the City an action for a temporary restraining order and preliminary injunction to preserve the status quo and to prevent irreparable harm pending final action on the complaint.
(Prior code § 8-7)
11.32.080 - Fair housing violation. back to top
A person who is found guilty of violating any of the provisions of this chapter relating to discrimination practices is subject to a fine and costs, or to imprisonment, or to both as established by resolution of the City Council. Prosecutions under this chapter shall be instituted only after the case has been certified to the State's Attorney by the commission. In addition, the City may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of this chapter, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.
(Ord. O-5-04 § 1 (part), 2004: prior code § 8-8)