Anti-Discrimination Center

Sec. 42-19. - Definitions. back to top

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

Discriminatory housing practice means an act that is unlawful under sections 42-22-42-24.

Dwelling means any building or structure, or portion thereof, which is occupied, 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 or structure, or portion thereof.

Family includes a single individual.

To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises.

(Code 1985, § 7-150; Ord. No. 918, § 2, 6-18-1983)

Sec. 42-20. - Policy. back to top

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

(Code 1985, § 7-151; Ord. No. 918, § 1, 6-15-1983)

Sec. 42-21. - Application of prohibitions against housing discrimination; exceptions. back to top

Subject to the provisions of subsection (2) of this section and section 42-25, the prohibitions against discrimination in the sale or rental of housing set forth in section 42-22 shall apply to:
(1) All dwellings except as exempted by subsection (2) of this section.

(2) Nothing in section 42-22 shall apply to:

a. 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, 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 suchither federal or state court pursuant to this section or section 42-30 shall come to trial, the city council shall immediately terminate all efforts to obtain voluntary compliance.

(Code 1985, § 7-159; Ord. No. 918, § 10, 6-15-1983)

Sec. 42-29. - Same-Investigations, subpoenas, giving of evidence. back to top

(a) In conducting an investigation, the city council shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation; provided, however, the city council first complies with the provisions of the fourth amendment to the constitution relating to unreasonable searches and seizures. The city council may issue subpoenas to compel access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States district court. The city council may administer oaths.

(b) Upon written application to the city council, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the city council to the same extent and subject to the same limitations as subpoenas issued by the city council. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at the respondent's request.

(c) Witnesses summoned by subpoena of the city council shall be entitled to the same witness and mileage fees as are witnesses in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.

(d) Within five days after service of a subpoena upon any person, such person may petition the city council to revoke or modify the subpoena. The city council shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(e) In case of contumacy or refusal to obey a subpoena, the city council or person at whose request it was issued, may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.

(f) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in such person's power to do so, in obedience to the subpoena or lawful order of the city council shall be punished as provided in section 1-8. Any person who, with intent thereby to mislead the city council, shall make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted to the city council pursuant to its subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall be punished as provided in section 1-8.

(g) The city attorney shall conduct all litigation in which the city council participates as a party or as amicus cuxial pursuant to this article.

(Code 1985, § 7-160; Ord. No. 918, § 11, 6-15-1983)

Sec. 42-30. - Same-Civil actions. back to top

(a) The rights granted by sections 42-21-42-24 may be enforced by civil actions in state or local courts of general jurisdiction. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred; provided, however, the court shall continue such civil case brought pursuant to this section or section 42-28(d) from time to time before bringing it to trial if the court believes that the conciliation efforts of the city council are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the city council and which practice forms the basis for the action in court; and provided, however, any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this article, and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected.

(b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000.00 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff; provided, the plaintiff, in the opinion of the court, is not financially able to assume said attorney's fees.

(Code 1985, § 7-161; Ord. No. 918, § 12, 6-15-1983)

Sec. 42-31. - Interference, coercion or intimidation. back to top

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of such person having exercised or enjoyed, or on account of such person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 42-21-42-24. This section may be enforced by appropriate civil action.

(Code 1985, § 7-162; Ord. No. 918, § 13, 6-15-1983)

Sec. 42-32. - Prevention of intimidation in fair housing cases. back to top

Whoever, whether or not acting under color of law, by force or threat of force, willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

(1) Any person because of such person's race, color, religion or national origin and because such person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;

(2) Any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from:

a. Participating, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organization or facilities described in subsection (1) of this section; or

b. Affording another person or class of persons opportunity or protection so to participate; or

(3) Any citizen because such person is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection (1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate; shall be punished as provided in section 1-8 or as otherwise provided by law.

(Code 1985, § 7-163; Ord. No. 918, § 15, 6-15-1983)