- 296.01. Findings of fact; establishment of rights; authority.
- 296.02. Definitions.
- 296.03. Discrimination prohibited.
- 296.04. Exemptions; interpretation.
- 296.05. Discrimination by financial or insurance institutions.
- 296.06. Enforcement.
- 296.07. Representation of a change in composition of an area.
- 296.08. Conflicts.
- 296.09. Remedies cumulative; cooperation of city with state civil rights commission.
- 296.10. Expiration.
- 296.99. Penalty.
296.01. Findings of fact; establishment of rights; authority. back to top
It is hereby found that discrimination in housing adversely affects the continued development, renewal, growth and progress of the City and its inhabitants and that such discrimination is injurious to the public health, safety and general welfare of the City and its inhabitants. The opportunity to purchase, lease, sell, hold, use and transfer real property, or an interest therein, which is utilized for housing accommodation in the City, without discrimination because of religion, race, color, sex, age, marital status, ancestry, national origin, political orientation, handicap, the use of adaptive devices, or an individual's or group's income being derived in whole or in part from alimony, child support or public assistance funds, is a civil right established by this chapter which is enacted pursuant to the police powers granted to the City by State law, by the 1968 Fair Housing Law (Title VIII and IX of the Civil Rights Act of 1968, 42 U.S.C. 3601 et seq., as amended, and 42 U.S.C. 3631, as amended) by the Housing and Community Development Act of 1974, as amended, and by other applicable laws.
(Ord. No. 711, 3-10-86)
296.02. Definitions. back to top
As used in this chapter, unless a different meaning appears clearly from the context:
Discriminate or discrimination includes making a decision, offering to make a decision, refraining from making a decision or treating individuals or groups, or the friends or associates of such individuals or groups, differently, in the sale, exchange, lease, assignment, transfer, sublease, rental, financing or insuring of housing units, real estate or housing accommodations based in whole or in part on race, color, religion, ancestry, sex, age, national origin, political orientation, marital status, handicap, the use of adaptive devices, or the income of an individual or group being derived in whole or in part from alimony, child support or public assistance funds.
Entity includes an association, partnership or corporation and the officers and members thereof.
Financial institution means any entity regularly engaged in the business of lending money or guaranteeing loans on real property or any interest therein.
Housing accommodation includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more persons.
Immediate family means a spouse, parent, child or sibling.
Owner includes the lessee, lessor, sublessee, sublessor, assignee, assignor, managing agent or other person having the right of ownership or possession or the right to sell, rent, transfer or lease any housing accommodation or any interest or part thereof.
Real estate broker or salesperson means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property or an interest therein; negotiates or attempts to negotiate any of such activities; holds himself or herself out as engaging in such activities; negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property or an interest therein; or is engaged in the business of listing real property or an interest therein in publications. "Real estate broker" or "salesperson" also means a person employed by or acting on behalf of a real estate broker or salesperson.
Real estate transaction means the sale, exchange, rental, lease, transfer, assignment or sublease of real property or an interest therein concerning housing accommodations.
Real property includes a structure, a building, a mobile home, real estate, land, a mobile home park, a trailer park, a tenement, a leasehold or an interest in a real estate cooperative or condominium.
(Ord. No. 711, 3-10-86)
296.03. Discrimination prohibited. back to top
Subject to Section 296.04, no person engaging in a real estate transaction concerning housing accommodations, and no real estate broker or salesperson, shall, wholly or partly for reasons of religion, race, color, sex, age, marital status, ancestry, national origin, political orientation, handicap, the use of adaptive devices, or the fact that the income of a person, or of a person residing with that person, is derived in whole or in part from alimony, child support or public assistance funds:
(a) Refuse to engage in a real estate transaction with a person;
(b) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction;
(c) Refuse to negotiate for a real estate transaction with a person;
(d) Represent to a person that real property or an interest therein is not available for inspection, sale, rental or lease when in fact it is so available, or knowingly fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property;
(e) Print, circulate, post, mail or otherwise cause to be published a statement, advertisement, notice or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a preference, limitation, specification or discrimination with respect thereto;
(f) Offer, solicit, accept, use or retain a listing of real property or an interest therein with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
(g) Discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; or
(h) Deny a person access to or membership or participation in multiple listing services, real estate brokers organizations or other real estate services.
(Ord. No. 711, 3-10-86)
296.04. Exemptions; interpretation. back to top
(a) This chapter shall not:
(1) Apply to the rental of a room or rooms to three or fewer persons in a single dwelling or two-family unit, the remainder of which dwelling is occupied by either the owner or a member of his or her immediate family or a lessee of the entire dwelling unit or a member of his or her immediate family;
(2) Subject to paragraph (b)(2) hereof, require an owner to offer property or an interest in property to the public at large before selling or renting it;
(3) Subject to paragraph (b)(2) hereof, prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color, sex, age, national origin, ancestry, political orientation, marital status, handicap, the use of adaptive devices, or the fact that the income of a person, or of a person residing with that person, is derived in whole or in part from alimony, child support or public assistance funds;
(4) Prohibit a religious organization or institution from restricting any of its facilities of housing or accommodation, which are operated as a direct part of religious activities, to persons of the denomination involved;
(5) Prohibit an educational institution from limiting the use of its facilities to those affiliated with such institution; or
(6) Prohibit the obtaining of information relative to the marital status of an individual when such information is necessary for the preparation of a deed or other instrument of conveyance.
(b) Nothing contained in this chapter shall be:
(1) Interpreted as repealing the existing powers of the Human Relations Board to work, through conciliation and education, to eliminate such discrimination in the sale and rental of real property or on other transactions related to the subject matter of this chapter; or
(2) Construed to prohibit any affirmative action plans and programs instituted by any level of government or a private person or group.
(c) With respect to the age provision only, this chapter shall not apply to the sale, rental or lease of housing accommodations meeting the requirements of Federal, State or local housing programs for senior citizens or otherwise intended, advertised, designed or operated for the purpose of providing housing accommodations to persons 50 years or older.
(d) With respect to the source of income provision only, nothing contained in this chapter shall be construed to preclude the making of a good faith business determination involving a person's ability to meet the financial burden involved in the sale, lease, rental, sublease, assignment or transfer of housing accommodations. A determination by a person to accept or not to accept rental payments in advance and/or arrearages shall not constitute a violation of this chapter.
(Ord. No. 711, 3-10-86)
296.05. Discrimination by financial or insurance institutions. back to top
(a) Subject to Section 296.04, a person to whom application is made for financial assistance or financing in connection with a real estate transaction or in connection with the insurance, construction, rehabilitation, repair, maintenance or improvement of real property, or an interest therein, which is utilized for housing accommodations, or a representative of such person shall not:
(1) Discriminate against the applicant because of religion, race, color, national origin, age, sex, marital status, ancestry, political orientation, handicap, the use of adaptive devices, or the fact that the income of the applicant or a person residing with the applicant is derived in whole or in part from alimony, child support or public assistance funds; or
(2) Use a form of application for insurance or financial assistance or financing, or make or keep a record or inquiry in connection with an application for financial assistance or financing, which indicates, directly or indirectly, a preference, limitation, specification or discrimination based on religion, race, color, national origin, age, sex, marital status, ancestry, political orientation, handicap, use of adaptive devices, or the fact that the income of the applicant or a person residing with the applicant is derived in whole or in part from alimony, child support or public assistance funds.
(b) Paragraph (a)(2) hereof shall not apply to a form of application for financial assistance prescribed for the use of a lender regulated as a mortgagee under the National Housing Act, as amended, being 12 U.S.C. 1701 to 1750(g), as amended, or by a regulatory board or officer acting under the statutory authority of the State or the United States.
(Ord. No. 711, 3-10-86)
296.06. Enforcement. back to top
(a) All complaints of housing discrimination received by City departments shall be forwarded to the Human Relations and Community Services Department for review and investigation. Complaints shall be in writing or, if oral, shall be reduced to writing and shall contain such information and be in such form as the Department requires. The Department shall:
(1) Receive, investigate, make recommendations, initiate and attempt to conciliate any complaints of housing discrimination because of religion, race, color, sex, age, marital status, ancestry, national origin, political orientation, handicap, the use of adaptive devices, or the fact that the income of a person, or of a person residing with that person, is derived in whole or in part from alimony, child support or public assistance funds;
(2) Ensure that no excessive burdens are placed on complainants which might discourage filing of complaints regarding housing discrimination;
(3) Commence and complete complaint processing in a timely manner; and
(4) Promulgate and publish rules and guidelines for the processing, investigation and resolution of complaints.
(b) No person shall coerce, threaten or retaliate against any individual or organization for making a complaint or assisting in an investigation regarding a violation or alleged violation of this chapter or require, request, conspire with, assist or coerce another person to retaliate against any individual or organization for making a complaint or assisting in any investigation pursuant to this chapter.
(c) No person shall conspire with, assist, coerce or request another person to discriminate in any manner prohibited by this chapter.
(d) No person shall provide false or substantially misleading information to any authorized person investigating a complaint regarding a violation of this chapter, or sign a complaint for a violation of this chapter based upon false or substantially misleading information.
(Ord. No. 711, 3-10-86)
296.07. Representation of a change in composition of an area. back to top
No person shall represent, for the purpose of promoting or inducing a real estate transaction from which such person may benefit financially, that a change has occurred or will or may occur in the composition of a block, neighborhood or area with respect to religion, race, color, national origin, age, sex, marital status, ancestry, political orientation, use of adaptive devices, or source of income when derived in whole or in part from alimony, child support or public assistance funds, or the owners or occupants in the block, neighborhood or area in which the real property is located, or represent that such change will or may result in the lowering of property values, an increase in criminal or antisocial behavior of the area, or a decline in the quality of schools or other public facilities in the block, neighborhood or area in which such real property is located.
(Ord. No. 711, 3-10-86)
296.08. Conflicts. back to top
Nothing contained in this chapter shall be deemed to supersede, compete with or conflict with any law of the State or the United States relating to discrimination because of race, color, religion, national origin, age, sex, marital status, ancestry, political orientation, handicap, the use of adaptive devices, or the fact that income is derived in whole or in part from alimony, child support or public assistance funds.
(Ord. No. 711, 3-10-86)
296.09. Remedies cumulative; cooperation of city with state civil rights commission. back to top
Nothing in this chapter shall be construed to limit the rights of access by an individual to remedies before the State Civil Rights Commission or before any State court on an individual basis, or to prohibit cooperation between the City and the State Civil Rights Commission.
(Ord. No. 711, 3-10-86)
296.10. Expiration. back to top
This chapter shall expire ten years from the date of its adoption unless readopted by Council.
(Ord. No. 711, 3-10-86)
296.99. Penalty. back to top
Editor's note: See Section 202.99 for general Code penalty if no specific penalty is provided.