Belding

ARTICLE II. DISCRIMINATION

DIVISION 2. FAIR HOUSING

Sec. 46-36. Policy. back to top

It is the policy of the city to provide, within the state and United States constitutional limitations, for fair housing throughout the city.

(Ord. No. 371, § 1(6.350), 10-6-81)

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Sec. 46-37. Definitions. back to top

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Discriminate or discrimination means any difference in treatment of individuals or groups in the sale, lease, rental, or financing of housing units or real estate or housing accommodations because of race, color, age, creed, religion, ancestry, national or sectional origin, sex, height, weight, familial status, marital status or handicap.

Dwelling means any building, structure, or portion thereof 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.

Family includes a single individual.

Financial institution means any person regularly engaged in the business of lending money or guaranteeing loans on real property.

Handicap means determinable physical or mental condition of an individual or a history of such condition which may result from disease, accident, condition of birth, or functional disorder which constitutes a physical or mental limitation.

National origin means the national origin of an ancestor.

Owner means the lessee, lessor, sublessee, sublessor, assignee, assignor, managing agent or other person having the right of ownership or possession or the right to sell, rent or lease any housing accommodation or any part thereof.

Person means 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.

To rent means to lease, to sublease, to let and otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Real estate broker or salesman means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property; who negotiates or attempts to negotiate any of these activities; who holds himself out as engaged in these activities; who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrances upon real property; who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these.

Real property means buildings, structures, real estate, lands, tenements leaseholds, interest in real estate corporations, condominiums and hereditaments, corporeal or incorporeal, or any interest therein.

(Ord. No. 371, § 1(6.351), 10-6-81)

Cross references: Definitions generally, § 1-2.

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Sec. 46-38. Administration. back to top

(a) The authority and responsibility for administering this division shall be in the city manager.

(b) The city manager may delegate any of his functions, duties and powers relating to this chapter to employees of the city including functions, duties, and powers with respect to investigating complaints under the provisions of this division.

(Ord. No. 371, § 1(6.356), 10-6-81)

Secs. 46-39--46-50. Reserved. back to top

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Sec. 46-51. Discrimination in the sale or rental of housing. back to top

Except as provided in this section it shall be unlawful:

(1) 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, age, religion, sex, national origin, marital status or handicap.

(2) 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, age, religion, sex, national origin, height, weight, familial status, marital status or handicap.

(3) 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, age, religion, sex, national origin, height, weight, familial status, marital status or handicap.

(4) To represent to any person because of race, color, age, religion, sex, national origin, height, weight, familial status, marital status, or handicap that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(5) 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 of a particular race, color, age, religion, sex, national origin, height, weight, familial status, marital status or handicap.

(Ord. No. 371, § 1(6.352), 10-6-81)

Sec. 46-52. Discrimination in the financing of housing. back to top

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, age, religion, sex, national origin, height, weight, familial status, marital status or handicap of such person or of any person associated with him in connection with 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; provided, however, that nothing contained in this section shall impair the scope or effectiveness of the exception contained in section 46-54(b).

(Ord. No. 371, § 1(6.353), 10-6-81)

Sec. 46-53. Discrimination in the provision of brokerage services. back to top

It shall be unlawful 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, age, religion, sex, national origin, height, weight, familial status, marital status or handicap.

(Ord. No. 371, § 1(6.354), 10-6-81)

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Sec. 46-54. Exemptions. back to top

(a) Except for subsection (3) of section 46-51 nothing in section 46-51 shall apply to:

(1) Any single-family home 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 cause 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 is 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 24-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 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 division 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 salesman, 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, salesman, or person;

b. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 46-51(3).

Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.

(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(b) For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting a dwelling if:

(1) He 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 thereof;

(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his 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 is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(c) Nothing in this division 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, age, sex, national origin, height, weight, familial status, marital status or handicap, nor shall anything in this division prohibit a private club not in fact open to the public, which as an incident to its primary 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.

(d) Nothing in this division shall require anyone owning or possessing an interest in real property to offer the property to the public at large before selling or renting such interest, nor shall this division prohibit the owner, lessor, lessee, sublessee, real estate broker, or financial or lending institution or the agents of the foregoing, from refusing to enter into a real estate transaction with a person who does not have the legal capacity to enter into a self-binding contract.

(Ord. No. 371, § 1(6.355), 10-6-81)

Secs. 46-55--46-65. Reserved. back to top

Sec. 46-66. Procedure for filing complaints. back to top

(a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur may file a complaint with the city manager. Complaints shall be in writing and shall contain such information and be in such form as the city manager may require. Upon receipt of such a complaint, the city manager shall furnish a copy of the same to the person who allegedly committed or is about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, the city manager shall cause the complaint to be investigated and notice to be given in writing to the person aggrieved, whether he intends to resolve it. If the city manager decides to resolve the complaint, he 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 division without the written consent of the persons concerned.

(b) Complaint under section (a) of this section 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 permission of the city manager, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answer shall be verified by the city clerk.

(c) If within 30 days after a complaint is filed with the city manager, the city manager has been unable to obtain voluntary compliance with this division, the city manager shall refer the matter to the city attorney for his actions as provided in section 46-67.

(Ord. No. 371, § 1(6.357), 10-6-81)

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Sec. 46-67. Enforcement by the city attorney. back to top

If a complaint filed under the provisions of this division is referred to the city attorney by the city manager, and the city attorney has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this division or denial of such right, he may bring a civil action in any appropriate court by filing with it a complaint setting forth the facts and requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person responsible for such pattern or practice or denial of rights, as he deems necessary to ensure the full enjoyment of the rights granted by this division; or initiate criminal proceedings for violation of this division.

(Ord. No. 371, § 1(6.358), 10-6-81)

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Sec. 46-68. Penalty for violation. back to top

Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500.00 or be imprisoned for a period not exceeding 90 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this division.

(Ord. No. 371, § 1(6.359), 10-6-81)