CHAPTER 9.06 DISCRIMINATION IN HOUSING
9.06.010 Definitions. back to top
As used in this chapter, the following words shall have the following meanings:
A. "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.
B. "Family" includes a single individual.
C. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers and fiduciaries.
D. "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. 2512 § 1, 1973).
9.06.020 Renting or selling--Prohibited acts. back to top
Except as exempted in this chapter, it is unlawful:
A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex or national origin;
B. 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, sex or national origin;
C. 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, religion, sex or national origin, or an intention to make any such preference, limitation or discrimination;
D. To represent to any person, because of race, color, religion, sex or national origin, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available;
E. 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 or persons of a particular race, color, religion, sex or national origin.
(Ord. 2608 § 1, 1976: Ord. 2512 § 2, 1973).
9.06.030 Loans--Prohibited acts. back to top
Except as exempted in this chapter, it is 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 any person in the fixing of such loan or other financial assistance because of the race, color, religion, sex 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 dwellings in relation to which such loan or other financial assistance is to be made or given.
(Ord. 2608 § 2, 1976: Ord. 2512 § 3, 1973).
9.06.040 Membership in housing service or organization--Prohibited acts. back to top
Except as exempted in this chapter, it is unlawful to deny any person 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 any person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex or national origin.
(Ord. 2608 § 3, 1976: Ord. 2512 § 4, 1973).
9.06.050 Preference permitted when--Conditions. back to top
Nothing in this chapter 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 religions is restricted on account of race, color, sex or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from giving preference to its members.
(Ord. 2608 § 4, 1976: Ord. 2512 § 5, 1973).
9.06.060 Applicability of provisions. back to top
A. Nothing in this chapter shall apply to:
1. Any single-family house 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 case 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 was 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 twenty-four-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 or 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 chapter 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, and
b. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 9.06.020, but nothing in this proviso 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 not more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
B. A person shall be deemed to be in the business of selling or renting dwellings if:
1. He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
2. He has, within the preceding twelve 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.
(Ord. 2512 § 6, 1973).
9.06.070 Violation--Penalty. back to top
Any person, firm, association or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in Chapter 1.16 of this code.
(Amended during 1997 recodification; Ord. 2512 § 7, 1973).