Sec. 11.04.010. Title. back to top
This title shall be known as the "Fair Housing Act of the City of Louisville."
(Code 1977, § 11.04.010; Ord. No. 626-1979, § 1)
Sec. 11.04.020. Definitions. back to top
For purposes of this title, the following definitions shall apply:
Discriminate, discriminate against, and discriminatory practices mean an occurrence whereby a person makes a limitation or specification as to another because of the latter person's race, color, religion, national origin, or sex, or because of the race, color, religion or national origin of the other person's friends or associates, or fails to treat a person equally in comparison with others because of a person's race, color, religion or national origin.
Person is any individual, group, association, corporation, joint apprenticeships' committee, joint stock company, labor union, legal representative, including, but not limited to, trustees, executors and administrators, mutual company partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, and other legal or commercial entity or any governmental entity or agency.
Real estate transaction is the sale, exchange, rental, or lease of any real property, including offering or listing of any real property for sale, exchange, rental or lease.
Reason of discrimination and discriminatory reason mean based upon or because of race, color, religion, national origin, or sex of another person or another person's friends and associates.
(Code 1977, § 11.04.020; Ord. No. 626-1979, § 1)
Sec. 11.04.030. Discriminatory housing practice prohibited. back to top
A. No person, for a reason of discrimination, shall:
1. Refuse to negotiate for and/or engage in a real estate transaction with another person;
2. Discriminate against another person in the terms, conditions or privileges of a real estate transaction, or in the furnishing of facilities or services in connection therewith;
3. Refuse to receive from, or fail to transmit to, another person, a bona fide offer to engage in a real estate transaction;
4. Represent to another person that any real property is not available for inspection, or for a real estate transaction, when in fact it is so available;
5. Fail, in the ordinary course of business, to bring a property listing to another person's attention, or to refuse to permit him to inspect real property under reasonable conditions.
B. No person shall:
1. Publish or advertise, directly or indirectly, an intent to make a limitation or specification based on a discriminatory reason;
2. Use a form of application for a real estate transaction, or make a record of inquiry in connection with a real estate transaction which indicates, directly or indirectly, the race, color, religion, national origin, or sex of a person or his friends or associates, for the purpose of making a limitation or specification based on a discriminatory reason; provided, however, that it shall not be a discriminatory practice to use such form or make such record or inquiry for the purpose of required government reporting, or for a program to provide opportunities for persons who have been the traditional targets of discrimination;
3. Offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or service in connection therewith;
4. Initiate, instigate or participate in representations, advertisements or contracts within a block, neighborhood or area designed to promote real estate transactions therein on the implication, directly or indirectly, that changes have occurred, or will, or may occur in the composition thereof with respect to race, color, religion, national origin, or sex of the owners or occupants; or that such changes will or may result in lowering of property values, or an increase in criminal or antisocial behavior, or decline in the quality of schools in the block, neighborhood or area;
5. Solicit the sale or listing for sale of real property, by telephone, mail or personally, with knowledge that the property owner has expressly requested that the solicitor or the company he represents cease such solicitation.
C. A person, or a representative of such person, to whom application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance or improvement of real property, shall not:
1. Discriminate against the applicant;
2. Use a form of application for financial assistance, or make or keep a record of inquiry in connection with applications for financial assistance, which indicates, directly or indirectly, the person's race, color, religion, national origin, or sex, or of his friends or associates, for the purpose of making a limitation or specification, based on a discriminatory practice to use such form or make such record or inquiry for the purpose of required government reporting or for a program to provide opportunities for persons who have been the traditional targets of discrimination.
D. The following are exempt from the provisions of this section:
1. The owner of an owner-occupied one-family or two-family dwelling, or housing facility devoted entirely to the housing of individuals of one sex, may restrict occupancy of such facility on the basis of sex of the proposed occupant, when such owner or authorized agent can effectuate the restriction by advertising or otherwise arranging for the occupancy of the dwelling.
2. A religious organization or institution may restrict its facilities of housing which are operated in connection with its religious activities to persons of the denomination involved, if a bona fide religious purpose for such restrictions exists.
(Code 1977, § 11.04.030; Ord. No. 626-1979, § 1)
Sec. 11.04.040. Enforcement. back to top
A. Any person claiming to be aggrieved by a violation of this chapter may, within 90 days of the alleged violation, file a written complaint with the equal opportunity officer of the city. The complaint shall contain the name of the alleged violators, or set forth facts sufficient to identify such persons, and include a statement of the material facts upon which the complaint is based and the date of the alleged violation. The complaint shall also state, if applicable, that any acts or conduct of the complainant were for the purpose of accomplishing a real estate transaction or public accommodation use, and that the complaint is not being filed for the purpose of harassment or entrapment of the person against whom the complaint is made.
B. The equal opportunity officer shall furnish, as soon as practicable, a copy of the complaint to the person against whom the complaint is made.
C. The equal opportunity officer shall conduct an investigation to determine whether the allegations of the complaint are true. If the equal opportunity officer determines they are untrue, he shall dismiss the complaint and take no further action thereon. In the event the person filing the complaint is not satisfied with a decision to dismiss a complaint, he shall have the right of appeal to the municipal court.
D. If the equal opportunity officer determines that there are sufficient facts to support the complaint, he shall endeavor to eliminate the violation by conference, conciliation and persuasion. He shall work toward a conciliation agreement signed by the equal opportunity officer of the city, the complainant, and the person charged, whereby the violation is eliminated. The agreement shall provide for specific performance.
E. In the event the equal opportunity officer is unable to effectuate a conciliation agreement and he feels a violation can be established, he shall file a complaint in the municipal court, or shall seek injunctive or other relief through the proper courts.
F. The equal opportunity officer may, on his own initiative, file a complaint pursuant to this chapter based on information and belief that a violation of this chapter has occurred.
(Code 1977, § 11.04.040; Ord. No. 626-1979, § 1)
Sec. 11.04.060. Municipal court complaint. back to top
Any complaint filed in the municipal court shall be treated as are other actions in municipal court. If the violation is established, the court can impose a sentence of up to one year in jail and/or a fine of up to $1,000.00 per violation.
(Code 1977, § 11.04.060; Ord. No. 626-1979, § 1; Ord. No. 1051-1991, § 1)