Anti-Discrimination Center

Sec. 16-16. Title. back to top

This article shall be known and may be cited as the "Fair Housing Ordinance."

(Ord. No. 1980-127, § 1, 11-11-80; Ord. No. 2006-168, § 1, 5-2-06)

Sec. 16-17. Declaration of policy. back to top

It shall be the policy of the city to eliminate discrimination in housing based on race, color, religion, sex, sexual orientation, age, disability, familial status or national origin.
(Ord. No. 1980-127, § 2, 11-11-80; Ord. No. 2006-168, § 5-2-06; Ord. No. 2009-239, § 1, 11-24-09)

Sec. 16-18. Definitions. back to top

Except where the context clearly indicates otherwise, the following terms, as used in this article, shall have the following meanings:

Board means that body of citizens duly appointed by the city council to hear, make determinations and issue findings in all cases of discriminatory practices in housing.

Discrimination means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin, or the aiding, abetting, inciting, coercing or compelling thereof.

Familial status includes 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.

Housing, housing accommodations or dwelling means any building, mobile home or trailer, 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, mobile home or trailer, structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this definition.

Lending institution or financial institution includes any person, as defined herein, engaged in the business of lending money or guaranteeing loans.

Owner includes a lessee, sublessee, co-tenant, assignee, managing agent, or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation.

Person includes one or more individuals, governments, governmental agencies, governmental departments, governmental programs, political subdivisions, labor unions, firms, associations, joint ventures, partnerships, estates, trusts, fiduciaries, corporations, and all other groups or combinations.

Real estate broker or real estate salesman includes any individual, who for a fee, commission, salary or for other valuable consideration, who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents or leases any housing accommodations, including options thereupon or who negotiates or attempts to negotiate such activities; or who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.

Real property includes buildings, structures, or portions thereof which is occupied as, or designated or intended for occupancy, as a residence by one (1) or more families, lands, mobile homes, tenements, leaseholds, cooperatives and condominiums or any interest in the above.

Sexual orientation means a person's real or perceived heterosexuality, homosexuality or bisexuality, or gender identity or expression.

To rent includes to lease, to sublease, to let and otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. No. 1980-127, § 3, 11-11-80; Ord. No. 2006-168, § 3, 5-2-06; Ord. No. 2009-239, §§ 2, 3, 11-24-09)
Cross references: Rules of construction and definitions generally, § 1-2.

Sec. 16-19. Purposes of article. back to top

The general purposes of this article are:

(1) To provide for execution within the city of the policies embodied in Title VIII of the Federal Civil Rights Act of 1968 as amended.

(2) To safeguard all individuals within the city from discrimination in housing opportunities because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin, thereby to protect their interest in personal dignity and freedom from humiliation; to secure the city against domestic strife and unrest which would menace its democratic institutions; to preserve the public health and general welfare; and to further the interests, rights, and privileges of individuals within the city.

(Ord. No. 1980-127, § 4, 11-11-80; Ord. No. 2006-168, § 4, 5-2-06; Ord. No. 2009-239, § 4, 11-24-09)

Sec. 16-20. Unlawful housing practices. back to top

It shall be an unlawful practice for a real estate owner or operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person to:

(a) Refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin; or

(b) To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith; or

(c) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin; or

(d) To evict or refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin; or

(e) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation, because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin when such dwelling is in fact available to persons who are financially qualified; or

(f) To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate; or

(g) To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or leasing, knowing that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith; or

(h) To induce or discourage, or to attempt to induce or discourage:

(1) The sale,

(2) The purchase,

(3) The rental,

(4) The lease, or

(5) The listing for subparagraphs (a), (b), (c) or (d) of this section, of any housing accommodations in an area, by means of:

a. Causing panic,

b. Inciting unrest, or

c. Creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, religion, sex, sexual orientation, age, disability, familial status or national origin, will or may result in:

i. The lowering of property values in the area;

ii. The increase in criminal or antisocial behavior in the area;

iii. A decline in the quality of the school serving the area; or

(i) 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 there for the purpose of purchasing, construction, 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 loans or other financial assistance, because of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin 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 or dwelling in relation to which such loan or other financial assistance is to be made or given; or

(j) To deny any person, who is otherwise professionally qualified by state law, 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 him in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, sexual orientation, age, disability, familial status or national origin.

(Ord. No. 1980-127, § 5, 11-11-80; Ord. No. 2006-168, § 5, 5-2-06; Ord. No. 2009-239, §§ 5--11, 11-24-09)

Sec. 16-21. Exemptions from article. back to top

The provisions of this article shall not apply:

(1) To the rental of housing accommodations in a building which contains housing accommodations for not more than four (4) families living independently of each other, if the owner or member of his family resides in one of the housing accommodations;

(2) To the rental of one (1) room or one (1) rooming unit in a housing accommodation by an individual if he or a member of his family resides therein;

(3) To a religious organization, association, or society, or any non-profit 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 commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such a religion is restricted on account of race, color, sex or national origin.

(Ord. No. 1980-127, § 6, 11-11-80; Ord. No. 2006-168, § 6, 5-2-06)

Sec. 16-22. Enforcement.
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(a) The city may bring a civil action to enjoin an illegal act under this article.

(b) In addition to appropriate civil and/or equitable remedies, a violation of this article shall constitute a misdemeanor, punishable as provided in section 1-16 of this Code.

(Ord. No. 1980-127, § 7, 11-11-80; Ord. No. 2006-168, § 7, 5-2-06)

Sec. 16-23. Establishment of procedures for conciliation. back to top

The mayor may establish procedures for investigation of complaints and conciliation of apparent violations of this article.
(Ord. No. 1980-127, § 8, 11-11-80; Ord. No. 2006-168, § 8, 5-2-06)

Sec. 16-24. Investigations, powers, records. back to top

(a) In connection with an investigation of a complaint filed under this article, the enforcing agent(s) at any reasonable time may request voluntary access to premises, records and documents relevant to the complaints and may request the right to examine, photograph, and copy evidence.

(b) Every person subject to this article shall make, keep and preserve records relevant to the determination of whether unlawful practices have been or are being committed, such records maintained and preserved in a manner and to the extent required under the Civil Rights Act of 1968 and any regulations promulgated thereunder.

(Ord. No. 1980-127, § 9, 11-11-80; Ord. No. 2006-168, § 9, 5-2-06)

Sec. 16-25. Conspiracy to violate article unlawful. back to top

It shall be an unlawful practice for a person, or for two (2) or more persons to conspire:

(1) To retaliate or discriminate in any manner against a person because he or she has opposed a practice declared unlawful by this article, or because he or she has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, or proceeding, or hearing under this article; or

(2) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this article; or

(3) To obstruct or prevent a person from complying with the provisions of this article or any order issued thereunder; or

(4) To resist, prevent, impede, or interfere with the enforcing agent(s), housing board, or any of its members or representatives in the lawful performance of duty under this article.

(Ord. No. 1980-127, § 10, 11-11-80; Ord. No. 2006-168, § 10, 5-2-06)