557.01 DESIGNATION OF POLICY. back to top
It is hereby designated to be the policy of the City to do all of the things necessary and proper to secure for all its residents their right to equal housing opportunities regardless of their race, color, creed, sex, age, religious belief, national origin or handicap. (Ord. 1979-10. Passed 1-17-79.)
557.02 DEFINITIONS. back to top
As used in this chapter:
(a) "Real estate agent" means any real estate broker, real estate salesperson or an agent thereof, or any person, partnership, association or corporation who for consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.
(b) "Board" means the Fair Housing Board created by this chapter.
(c) "Director" means the Planning Director of the City of Kent or his/her designee and staff.
(d) "Discrimination", "discriminating" or "discriminate" means to render any difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of a person's race, color, sex, age, religious belief, national origin or handicap.
(e) "Housings includes any building, facility or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more persons, groups or families and any vacant land offered for sale for the construction or location thereof of such building, facility or structure.
(f) "Lending institution" means any bank, building and loan association, savings and loan association, insurance company or other persons whose business consists in whole or in part in the lending of money or guaranteeing loans.
(g) "Person" means one or more individuals, corporations, partnerships, associations, firms, or enterprises, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
(Ord. 1981-148. Passed 11-18-81.)
557.03. UNLAWFUL HOUSING PRACTICES. back to top
(a) It shall be an unlawful housing practice and a violation of this chapter: a) For any person or real estate agent:
(1) To discriminate against any person in the selling, leasing, renting, assigning or otherwise transferring of any interest in housing.
(2) To discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of the housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease or rental.
(3) To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person the use or occupancy of such housing.
(4) To discriminate in the furnishing of any housing facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy by any person of any housing covered by this chapter.
(b) For any lending institution:
(1) To discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making available funds for purchasing any housing or to discriminate against in the fixing of the amount, interest rate, duration or other terms, conditions or provisions of any such financial assistance.
(2) To discriminate in the lending of money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making funds available on the basis of geographic location.
(c) For any person, real estate agent or lending institution, with respect to any prohibited act specified in this chapter, to publish, circulate or cause to be published or circulated any notice, statement listing or advertisement; to announce a policy or to make any record in connection with the prospective sale, lease, sublease, rental or financing of any housing which indicates reliance, determination or decision based on race, color, creed, sex, age, religious belief, national origin or handicap.
(d) For any person or real estate agent to assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent endorsement or compliance with provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
(e) For any person, real estate agent or lending institution:
(1) To induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, color, creed, sex, age, religious belief, national origin or handicap by indirect or direct methods.
(2) To make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to race, color, creed, sex, age, religion, national origin or handicap of such block, neighborhood or area.
(3) To induce or attempt to induce the sales or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, creed, sex, age, religion, national origin or handicap in the block, neighborhood or area will or may result in:
A. The lowering of property values.
B. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located.
C. An increase in criminal or antisocial behavior in the area.
D. A decline in the quality of the schools serving the area.
(f) For any person or real estate agent to cause, coerce or attempt to cause coerce retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted, in any way in any proceeding under this chapter or prevented any person from complying with this chapter.
(g) 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 housing, or to discriminate against a person in the terms or conditions of such access, membership or participation.
(h) To do any other thing or engage in conduct which would otherwise make equal housing opportunities unavailable.
(Ord. 1979-10. Passed 1-17-79.)
557.04. POSTING OF NOTICES. back to top
Every real estate agent shall post in a conspicuous location in that portion of his/her place of business normally used by him/her for negotiating the terms of a sale or lease of housing, and each person who operates a multi-unit residential building containing more than three units shall post at all times when prospective tenants are being interviewed, in a conspicuous location in that portion of his/her housing
business normally used by him/her for negotiating the rental of a housing unit therein, a notice prepared by the Board which contains the following language printed in black on a light-colored background, in not less than fourteen point type:
"It is a violation of the Fair Housing Law of the City of Kent, State of Ohio, for any real estate agent or any person owning or managing a multi-unit apartment dwelling to:
(a) Deny housing to any person because of race, color, creed, sex, age, religious belief or national origin or handicap.
(b) Discriminate against any person because of that person's race, color, creed, sex, age, religious belief, national origin or handicap in the terms, conditions or privileges of housing accommodations or in the furnishing of facilities or services in connection therewith.
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, CONTACT THE CITY OF KENT'S FAIR HOUSING BOARD, THE OHIO CIVIL RIGHTS COMMISSION, OR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. "
Failure to comply with this section shall constitute a violation of this chapter.
(Ord. 1979-10. Passed 1-17-79.)
557.05. FAIR HOUSING BOARD. back to top
(a) The Fair Housing Board shall consist of seven members, appointed by Council, who shall be qualified electors of the City. Board members shall not hold any elected public office at the municipal, county, state or federal level at any time while a member of the Board and shall not be employed by the City, but he/she may be employed by the county, State or federal government. Any duly appointed Board member who is a candidate for any public office shall be automatically disqualified from further membership on the Board. The day the Board member files petitions with the Portage County Board of Elections shall be the date of the disqualification. As amended effective April 1, 1999, the members of this Board shall also be the members of the Housing Appeals Board (see §1375.01). There shall be seven members on the board, appointed by Council, beginning with the current members on Board, who shall serve out their terms until a successor is appointed.
(b) The Board members shall be appointed by Council with one member also being a member of the Kent Board of Health.. Of the members first appointed, one shall hold office for a term of one year; one for a term of two years; and the other for a term of three years; and their successors shall be appointed for terms of three years. All vacancies shall be filled by appointment for the remainder of the unexpired term.
(c) The Board shall elect one of its members as chairman, one as vice-chairman and one as secretary. The chairman shall preside over all meetings, sign the minutes of all actions taken by the Board; and call such meetings as necessary to transact the business and affairs in matters relating to fair housing. In the absence of the chairman, the vice- chairman shall act as chairman.
(1) The secretary shall be responsible for keeping the minutes of the Board and the administration of the files. The secretary shall also be responsible for preparation and delivery of notices, correspondence and other communication authorized by the Board. The secretary shall be responsible for the performance of such other duties as may be required by the Board. These responsibilities may be delegated to the Director.
(d) Council may remove a member of the Board from office by an affirmative vote of at least two-thirds of the Council only after having first given to such member a written copy of the charges against him/her and an opportunity to be publicly heard in person or by counsel in his/her own defense and any such removal shall be final.
(e) Five members of the Board shall constitute a quorum for the purpose of conducting the business thereof. A vacancy on the Board shall not impair the right of the other members to exercise all the power of the Board. (Ord. 1999-41. Passed 3/17/99)
(f) Each member of the Board shall serve without salary.
(g) The Board is charged with the following duties to implement the stated policy of this chapter:
(1) To hear all complaints regarding alleged violations of this chapter except for those complaints which are resolved by consent agreement or are dismissed pursuant to the terms of this chapter.
(2) To inform all persons bringing complaints to the Board of their right to seek criminal or civil relief through the courts.
(3) To initiate or corroborate complaints of unlawful housing practices on the basis of studies authorized by the Board.
(4) To endeavor, by conciliation, to resolve such complaints.
(5) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the Board.
(6) To render at least once a year to Council a written report of all housing discrimination complaints filed with the state or federal government regarding property within the City of Kent and of which the Board has knowledge.
(7) To render at least once a year to the City Manager and Council a full written report of all its activities and recommendations.
(8) To recommend to the City Manager, when it deems necessary, educational and other programs designed to promote the purpose stated in this chapter.
(9) To adopt rules and procedures for the conduct of its business, and for the administration and enforcement of this chapter.
(10) To do such other acts that are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter. Nothing shall prohibit the Board from consulting and meeting with real estate agents or representatives of lending institutions in matters regarding educational or other programs, to further the purpose of this chapter.
(Ord. 1981-148. Passed 11-18-81.)
557.06. PROCEDURES AND ENFORCEMENT. back to top
(a) Any person subjected to an unlawful housing practice may file within 180 days of the alleged violation with the Board, a complaint in writing containing such information as the Board may require. The complaint may be reasonably and fairly amended.
(b) Upon the filing of a complaint, the Director shall make such investigations as he/she deems appropriate to ascertain facts and issues. The investigation shall be conducted within fifteen business days after the filing of the complaint. The investigation may be extended when deemed necessary by the Director.
(c) If the Director determines there are reasonable grounds to believe a violation has occurred, an effort shall be made to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by the Director of any member of the Board or its staff unless the parties agree thereto in writing.
(d) If, from all the evidence adduced, the Director finds probable cause that a violation has occurred he/she shall attempt to eliminate or correct such practice by conciliation and persuasion. The terms of conciliation agreed to by the parties shall be reduced to writing and
incorporated into a consent agreement to be signed by the parties Consent agreements shall be signed on behalf of the Board by its chairman.
(e) The Board is authorized to seek the cooperation and aid of the Ohio Real Estate Commission, Ohio Civil Rights Commission or the U. S. Department of Housing and Urban Development and any other person or group regarding any matter before the Board.
(f) If the Director determines the complaint lacks reasonable grounds on which to base a violation of this chapter the Board may in its discretion, dismiss such complaint or order such further investigation as may be necessary; provided, the Board shall not dismiss such complaint without first affording either party an opportunity to appear before the Board.
(g) If the Director, with respect to a matter which he/she finds to be a violation of this chapter, fails to conciliate a complaint after the parties have, in good faith, attempted such conciliation, fails to effect an informal conciliation agreement or a formal consent agreement or determines that a complaint is rot susceptible of conciliation, the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Board shall serve upon the respondent a written statement of charges and a summons and shall serve upon all interested parties a notice of the time and place of the hearing. The respondent or his/her authorized counsel may file and amend such statements with the Board prior to the hearing date as it deems necessary in support of its position. The hearing shall be open to the public. The hearing shall be held not less than fifteen calendar days nor more than thirty calendar days after service of the statement of charges and summons. The notice of the public hearing shall appear at least once in a paper of general circulation at least ten days prior to the date of the hearing. The summons so issued must be signed by two members of the Board and the issuance of such summons shall require the attendance of named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter. The interested parties may, at their option, appear before the Board in person or by a duly authorized representative and may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The Board shall keep a full record of the hearing which record shall be public and open to inspection by any person, and upon request by any principal party to the proceeding, the Board shall furnish such party a copy of the hearing record, at such cost as the Board deems appropriate. The proceedings shall be informal, but only as is compatible with the requirements of justice, and the Board need not be bound by formal rules of evidence or procedure.
(h) If at the conclusion of the hearing the Board determines upon the preponderance of the evidence that the person complained against has violated this chapter, the Board shall, after consultation with the Law Director in executive session, state its findings to the Director of Law. The Board shall then cause its Law Director to prepare and issue an order under Board directive requiring the person complained against to cease and desist from such unlawful conduct and to take affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation, determines the person complained against has not after fifteen calendar days following the service of the Board's order complied with order, the Board will recertify the matter to the Law Director for enforcement.
(i) The Law Director is hereby authorized and directed to pursue appropriate legal action for the enforcement of this chapter or other fair housing laws as necessary.
(j) If, at the conclusion of the hearing, the Board shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, the Board shall so state and publish its findings and issue its order dismissing the complaint.
(Ord. 1981-148. Passed 11-18-81.)
557.07. SCOPE OF CHAPTER. back to top
The provision of this chapter shall apply to all housing located within territorial limits of the City.
(Ord. 1979-10. Passed 1-17-79.)
557.08. OTHER LEGAL ACTION. back to top
Nothing contained in this chapter shall prevent any person from exercising any right or seeking any remedy to which he/she might otherwise be entitled or from filing any complaint with any other agency or court of law or equity. However, in the event that a complaint ant before the Board or Director files an action with any other agency or court in which action said complaint ant, as an element of his/her cause of action before said agency or court alleges the existence of a fact or facts which form the basis for the complaint pending before the Board or the Director, the Board and Director shall automatically lose all jurisdiction to hear said complaint, which shall be dismissed, with prejudice, with retroactive application, to the date of loss of jurisdiction by the Board and Director.
(Ord. 1981-148. Passed 11-18-81.)557.99. PENALTY. back to top
Any proceeding where the court determines there has been a violation of this chapter, the court shall award compensatory damages, and where appropriate, punitive damages of not more than one thousand dollars ($1000) along with attorney fees and court costs. The court may also order such other relief as it deems necessary or appropriate which may include, but is not limited to, issuance of any permanent or temporary injunction, temporary restraining order or other orders.
(Ord. 1979-10. Passed 1-17-79.)