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FLORENCEFLORENCE

Title 9 HOUSING AND WELFARE

Chapter 9.10 FAIR HOUSING

9.10.010  Title. back to top

The ordinance codified in this chapter shall be known as the "Fair Housing Ordinance of the City of Florence, Colorado," and is authorized by the provisions of Section 24-34-501, et seq., CRS 1973, as amended.

(Ord. 21-80 § l, 1980).

9.10.020  Definitions. back to top

As used in this chapter, the following definitions shall apply:

A.   "Discriminate" means both segregate and separate.

B.   "Housing" means any building, structure, vacant land or part thereof during the period it is advertised, listed or publicly advertised for sale, lease, rent or transfer of ownership; except, that "housing" shall not include any room offered for rent or lease in a single- family dwelling maintained and accepted in part by the owner or lessee of the dwelling as his household.

C.   "Person" means one or more individuals, partnerships, associates, corporations, legal representatives, trustees, receivers, owners, lessees, proprietors, managers, employees or any agent of such person, but shall not include any nonprofit, fraternal, educational or social organization or club, unless such nonprofit, fraternal, educational or social organization or club has the purpose of promoting discrimination in the matter of housing against any person because of handicap, race, creed, color, marital status, national origin or ancestry.

D.   "Restrictive covenant" means any specification limiting transfer, rental or lease of any housing because of handicap, race, creed, color, sex, marital status, national origin or ancestry.

(Ord. 21-80 § 2, 1980).

9.10.030  Unfair housing practices. back to top

It is an unfair housing practice and unlawful and prohibited:

A.   For any person having the right of ownership or possession, or the right of transfer, sale, rental or lease of any housing, as defined in Section 9.10.020, or any agent of such person, to refuse to show, sell, transfer, rent or lease, or to refuse to receive and transmit any bona fide offer to buy, sell, rent or lease, or otherwise to deny to or withhold from any person such housing because of handicap, race, creed, color, sex, marital status, religion, national origin or ancestry;

B.   For any person or agent to discriminate against any person because of handicap, race, creed, color, sex, marital status, religion, national origin or ancestry in the terms, conditions or privileges pertaining to any housing or the transfer, sale, rental or lease thereof, or in the furnishing of facilities or services in connection therewith, or to cause to be made any written or oral inquiry or record concerning the handicap, creed, color, sex, marital status, religion, national origin or ancestry of a person seeking to purchase, rent or lease any housing;

C.   For any person or agent to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing to make or cause to be made any written or oral inquiry concerning the handicap, race, creed, color, sex, marital status, religion, national origin or ancestry of any person seeking such financial assistance or concerning the handicap, race, creed, color, sex, marital status, religion, national origin or ancestry of prospective occupants or tenants of such housing, or to discriminate against any person because of handicap, race, creed, color, sex, marital status, religion, national origin or ancestry in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance;

D.   For any person or agent to include in any transfer, sale, rental or lease of housing any restrictive covenants, or for any person to honor or exercise, or attempt to honor or exercise, any restrictive covenant pertaining to housing;

E.   For any person or agent to print or publish, or cause to be printed or published, any notice or advertisement relating to the sale, transfer, rental or lease of any housing which indicates any preference, limitation, specification or discrimination based on handicap, race, creed, color, sex, marital status, national origin or ancestry;

F.   For any person or agent to aid, abet, incite, compel or coerce the doing of any act defined in this section as an unfair housing practice, or to obstruct or prevent any person from complying with the provisions of this chapter, or to attempt, either directly or indirectly, to commit any act defined in this section to be an unfair housing practice;

G.   For any person or agent to discharge, demote or discriminate in matters of compensation against any employee or agent because of the employee's or agent's obedience to the provisions of this chapter.

(Ord. 21-80 § 3, 1980).


9.10.040  Exemptions--Religious or denominational organizations. back to top

Nothing contained in this chapter shall be construed to bar any religious or denominational institution or organization which is operated or supervised or controlled by, or is operated in connection with, a religious or denominational organization, from limiting admission to or giving preference to persons of the sane religion or denomination or from making such selections of buyers, lessees or tenants as are calculated by such organization or denomination to promote the religious or denominational principles for which it is established or maintained.

(Ord. 21-80 § 4(A), 1980).


9.10.050  Exemptions--Gender. back to top

Nothing in this chapter shall be construed to bar any person from leasing premises only to members of one sex.

(Ord. 21-80 § 4(B), 1980).


9.10.060  Exemptions--Marital status zoning. back to top

This chapter shall not apply to or prohibit compliance with local zoning ordinance provisions concerning residential restrictions on marital status.

(Ord. 21-80 § 4(C), 1980).


9.10.070  Exemptions--Handicapped housing. back to top

This chapter shall not be construed to prevent or restrict the sale, lease, rental, transfer or development of housing designed or intended for the use of the handicapped.

(Ord. 21-80 § 4(D), 1980).


9.10.080  Exemptions--Gift, inheritance or devise transfer. back to top

This chapter is not intended to prevent or restrict any transfer of housing by gift, inheritance or devise.

(Ord. 21-80 § 4(E), 1980).


9.10.090  Complaints. back to top

A.   Any person claiming to be aggrieved by an unfair housing practice may, in person or by attorney, make, sign and file with the City Manager a verified written complaint, in duplicate, which states the name and address of the person alleged to have committed the unfair housing practice complained of and which sets forth the particulars thereof and contains such other information as may be required by the City Manager.

B.   Upon filing of the complaint, the City Manager shall advise the complainant that redress can only be had by filing a complaint within ninety (90) days from the date of the alleged unfair housing practice with the Colorado Civil Rights Commission.

(Ord. 21-80 § 5, 1980).