- Sec. 5-2-16. Declaration of policy.
- Sec. 5-2-17. Definitions.
- Sec. 5-2-18. Discrimination prohibited.
- Sec. 5-2-19. Exemptions.
- Sec. 5-2-20. Fair housing director--Position created, appointment, staff, funding.
- Sec. 5-2-21. Same--Duties and powers.
- Sec. 5-2-22. Fair housing board--Created.
- Sec. 5-2-23. Same--Duties, powers, functions.
- Sec. 5-2-24. Complaint procedure.
- Sec. 5-2-25. Hearings.
- Sec. 5-2-26. Other remedies.
- Sec. 5-2-27. Report to real estate commission.
Sec. 5-2-16. Declaration of policy. back to top
It is hereby declared to be the policy of the city, in the exercise of its police power for the public safety, public health and general welfare, to ensure equal opportunity to obtain adequate housing by all persons, regardless of race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, ancestry, military status or physical disability and, to that end, to prohibit and eliminate discrimination in housing by any person.
(Code 1968, § 80-20)
Sec. 5-2-17. Definitions. back to top
For the purposes of this article, the following terms, phrases and words and their derivations shall have the meanings given herein:
Board. The fair housing board established by this article.
Director. The fair housing director established by this article.
Discrimination, discriminatory housing practice. Any difference in the treatment of persons based on race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability.
Housing, housing accommodations, dwelling. Any building, mobile home or trailer, 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 building, mobile home or trailer, structure, or portion thereof, or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this subsection.
Lending institution, financial institution. Any person, as defined in Chapter 1-2, engaged in the business of lending money or guaranteeing loans.
Mortgage broker. An individual who is engaged in or performs the business or services of a mortgage broker as the same are defined by Florida Statutes.
Real estate broker, real estate salesman. Any individual who, for a fee, commission, salary or for other valuable consideration, who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents or leases any housing accommodations, including options thereupon, or who negotiates or attempts to negotiate such activities, or who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan secured by a mortgage or other encumbrance upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
To rent. To lease, to sublease, to let and to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Code 1968, § 80-21; Ord. No. 60-82, § 1, 5-2-782)
Cross references: Definitions and rules of construction generally, Ch. 1-2.
Sec. 5-2-18. Discrimination prohibited. back to top
It shall be unlawful within the city for a person, owner, financial institution, real estate broker, or real estate salesman, or any representative of the above to:
(1) Refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of his race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability;
(2) Discriminate against a person in the terms, conditions of privileges of the sale, purchase, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith;
(3) Refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of his race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability;
(4) Evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of his race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, ancestry or physical disability;
(5) Represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease, when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation, because of his race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability when such dwelling is in fact available to persons who are financially qualified;
(6) Make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodations, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate;
(7) Offer, solicit, accept or use a listing of any housing accommodations for sale, purchase, rental or lease knowing that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishings of facilities or services in connection therewith;
(8) Induce or discourage, or attempt to induce or discourage the sale, purchase, rental, lease, or the listing for the sale, purchase, rental or leasing of any housing accommodations in an area, by means of causing panic, inciting unrest, or creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, religion, ancestry, sex, place of birth, physical handicap or national origin, will or may result in the lowering of property value in the area, the increase in criminal or antisocial behavior in the area, or a decline in the quality of the schools serving the area;
(9) 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 an applicant for a loan for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loans or other financial assistance, because of the race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability of such person or of any person associated with him in connection with the loan or other financial assistance or the purposes of the 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 the loan or other financial assistance is to be made or given;
(10) Deny any person who is otherwise professionally qualified by state law access to, or membership or participation in, any multiple listing service, real estate brokers' organizations, or organizations, or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry, or physical disability;
(11) Make any misrepresentations concerning the listing for sale, purchase, rental or lease, or the anticipated listing for any of the above, or the sale, purchase, rental or lease of any housing accommodation in any area in the city for the purpose of inducing or attempting to induce a listing or any of the above transactions;
(12) Engage in, or hire to be done, or to conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation;
(13) Retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article;
(14) Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; to obstruct or prevent any person from complying with the provisions of this article or any order issued thereunder;
(15) Resist, prevent, impede or interfere with the fair housing board, or any of its members or representatives in the lawful performance of its or their duty under this article;
(16) By canvassing, commit any unlawful practices prohibited by this article;
(17) Otherwise deny to or withhold any housing accommodation from a person because of his race, color, religion, sex, national origin, place of birth, age (provided the person has the capacity to contract), marital status, military status, ancestry or physical disability.
(Code 1968, § 80-22; Ord. No. 60-82, § 2, 5-27-82)
Sec. 5-2-19. Exemptions. back to top
This article shall not apply to:
(1) Religious organizations. A religious organization, association society or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society, which limits the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives preference to the persons, unless membership in such religion is restricted on account of race, color, sex, national origin, age (provided the person has the capacity to contract), marital status, military status or physical disability;
(2) Private clubs. 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, and which limits the rental or occupancy of the lodgings to its members or gives preference to its members;
(3) Certain single-family houses. Any single-family house sold or rented by an owner, provided that the private individual owner does not own more than three (3) single-family houses at any one time; provided further, that in the case of the sale of any single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection shall apply only with respect to one sale within any twenty-four-month period; provided further, that the 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 single-family houses at any one time; provided further the sale or rental of any single-family house shall be excepted from the application of this article only if the 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 the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent, salesman or person, and
(b) Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 United States Code, Section 3604(c) or of section 5-2-18 of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(4) Rooms in dwelling units occupied by no more than four families. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his residence.
(Code 1968, § 80-23)
Sec. 5-2-20. Fair housing director--Position created, appointment, staff, funding. back to top
(a) The office and position of fair housing director is hereby created and established.
(b) The director shall be appointed by and serve at the will of the Escambia-Pensacola Human Relations Commission. The director shall be chosen by the Escambia-Pensacola Human Relations Commission on the basis of qualifications and experience. The fair housing director shall serve under the supervision of the Escambia-Pensacola Human Relations Commission.
(c) The Escambia-Pensacola Human Relations Commission shall appoint assistants to the director as may be necessary, subject to budget limitations, and shall provide the director required administrative support.
(d) This office shall be funded annually with community development block grant funds as approved by the Pensacola City Council.
(Code 1968, § 80-24)
Sec. 5-2-21. Same--Duties and powers. back to top
The duties, functions, powers and responsibilities of the fair housing director shall include:
(1) Implementing the provisions of this article and rules and regulations promulgated hereunder and all city ordinances, codes, rules and regulations pertaining to housing discrimination;
(2) Investigating any and all complaints of unlawful practices in violation of this article, seeking conciliation between the complainant and the respondent, and if in the opinion of the director such conciliation is not reached within sixty (60) days of receipt of the complaint, reporting his findings and recommendations to the fair housing board and carrying out the directives of the board;
(3) Providing assistance in all matters relating to equal housing opportunity within the city;
(4) Publishing and disseminating public information and educational materials relating to housing discrimination;
(5) Subject to the approval of the fair housing board, entering into written working agreements, as may be necessary to effectuate the purposes of this article, with federal, state and county agencies involved in reducing housing discrimination;
(6) Keeping the fair housing board fully and currently informed of all complaints alleging violations of this article and actions taken thereon, and of other actions taken by the director under the provisions of this section; and attending all meetings of the fair housing board;
(7) Implementing recommendations received from the fair housing board concerning this article and the carrying out of its purpose. When in the opinion of the director, effectuating any such recommendation would be undesirable or infeasible, he will promptly so report to the board, with his reasons; any differences of judgment not susceptible of agreement between board and director will be referred to the city manager for his determination, and the board may, if it feels the matter warrants, further carry any disagreement to the city council for decision;
(8) Making semiannual reports to the city council, through the city manager and to the fair housing board concerning the status of housing discrimination in the city and the enforcement of the provisions of this article, and making recommendations concerning methods by which to reduce the discrimination.
(Code 1968, § 80-25; Ord. No. 60-82, § 3, 5-27-82)
Sec. 5-2-22. Fair housing board--Created. back to top
The city's fair housing board is hereby created and established. The Escambia-Pensacola Human Relations Commission is hereby vested with the authority to act as the fair housing board. The qualifications of members, terms of office, organization of the board, and meetings of the board will coincide with those of the Escambia-Pensacola Human Relations Commission.
(Code 1968, § 80-26)
Sec. 5-2-23. Same--Duties, powers, functions. back to top
The board shall have the following duties, powers, functions and responsibilities:
(1) Making recommendations to the director for the enforcement of this article and the carrying out of its purpose;
(2) Reviewing the director's actions and decisions on all complaints of housing discrimination received by or initiated by him or her;
(3) Conducting public hearings and making determinations concerning the director's actions and decisions on the complaints upon appeal by either complainant or respondent, at the request of the director, or when the board deems it desirable, on its own initiative;
(4) In carrying out the functions of subsections (2) and (3) above, the board shall have the power to uphold, rescind, reverse, or modify the actions, decisions, and recommendations of the director;
(5) Administering oaths and compelling the attendance of witnesses and the production of evidence before it by subpoenas issued by the chairman of the board;
(6) Reviewing and commenting on the director's semiannual report, forwarding each comment to the city council;
(7) In coordination with the director, taking other informational, educational or persuasive actions to implement the purpose of this article.
(Code 1968, § 80-27)
Sec. 5-2-24. Complaint procedure. back to top
(a) Any person aggrieved by an unlawful practice prohibited by this article must file a written complaint with the director or his designated representative within forty-five (45) days after the alleged unlawful practice occurs.
(b) Upon receipt of a complaint, the director shall serve upon the individual accused of committing a violation (hereinafter referred to as the respondent) the complaint and a written resume setting forth the rights of the parties including, but not limited to, the right of the respondent to a fair and full hearing on the matter before adjudication by the fair housing board. The service may be by personal service or by certified mail.
(c) The director shall immediately investigate the complaint. Within sixty (60) days from the date of the receipt of the complaint, the director shall file a written report with the board, with findings of fact.
(d) Copies of the director's report shall also be sent to the complainant and the respondent. Either may, within ten (10) days after the services, request a hearing before the board.
(e) When the director, the complainant or the respondent requests a hearing by the board, or when the board itself determines that a hearing is desirable, the board shall call and conduct the hearing in accordance with section 5-2-25.
(f) Where no board hearing is requested or directed, the board will expeditiously review the report of the director, and shall approve, rescind, reverse or modify the director's findings and determinations of action.
(g) The director shall carry into execution the actions specified in his report, as approved or altered by the board in its review, or, if a hearing is held, shall carry into execution the actions taken by the board in the hearing.
(h) The director in his report, as approved by the board, or the board after hearing may determine that:
(1) The complaint is not meritorious or evidence supporting the complaint is insufficient;
(2) The complaint has been adequately dealt with by conciliation of the parties or by voluntary compliance by the respondent(s); or
(3) The complaint is meritorious.
(i) If the director's report as approved by the board or if the board, after hearing, determines that the complaint is meritorious, then the director shall order the respondent to comply with this article within thirty (30) days. If the director finds that the respondent has not timely complied with this article, then the director may assist the complainant in prosecuting a civil action against the respondent for discriminatory housing practice or other violation of this article or file in the office of the state attorney an affidavit of criminal violation of this article, when authorized by the board. Any assistance provided to a complainant pursuant to this section shall be limited to gathering and presenting evidence or testimony or other technical assistance.
(j) The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed by this article.
(k) All papers or pleadings required by this article to be served may be served by certified mail or in accordance with the provisions of Rule 1.080(b), Florida Rules of Civil Procedure.
(Code 1968, § 80-28)
Sec. 5-2-25. Hearings. back to top
(a) When a hearing is required before the fair housing board as specified in subsection 5-2-24(e), the board shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than fifteen (15) days after service of the notice and of the director's written report.
(b) The parties, or their authorized counsel, may file statements with the board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the board in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The board shall not be bound by strict rules of evidence prevailing in courts of law or equity but due process shall be observed. The board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings the director shall furnish the party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.
(c) The board shall make a finding of fact, and a determination of action to be taken.
(d) The board may issue subpoenas to compel access to or the production or appearance of premises, records, documents, individuals and other evidence or possible sources of evidence relative to the complaint at issue.
(e) Upon written application to the board, a complainant or a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the board, to the same extent and subject to the same limitations as subpoenas issued by the board itself. Subpoenas issued at the request of a complainant or a respondent shall show on their face the name and address of the complainant or respondent and shall state that they were issued at his request.
(f) Witnesses summoned by subpoena of the board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the state courts of Florida. Fees payable to a witness summoned by a subpoena issued at the request of the complainant or respondent shall be paid by him, unless he is indigent in which case the city shall bear the cost of the fees.
(g) Within ten (10) days after service of a subpoena upon any persons, the person may petition the board to revoke or modify the subpoena. The board shall grant the petition if it finds that the subpoena 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.
(h) In case of refusal to obey a subpoena, the board or the person at whose request it was issued may petition for its enforcement in the appropriate court.
(Code 1968, § 80-29; Ord. No. 60-82, § 4, 5-27-82)
Sec. 5-2-26. Other remedies. back to top
Nothing herein shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing of any complaint with any other agency or any court having proper jurisdiction.
(Code 1968, § 80-31)
Sec. 5-2-27. Report to real estate commission. back to top
If a real estate broker, a real estate salesman, or an employee thereof, has been found to have committed an unlawful practice in violation of this article, or has failed to comply with an order issued by the director, the director shall, in addition to the other procedures and penalties set forth herein, report the facts to the real estate commission of the state.
(Code 1968, § 80-32)