Sec. 15-16. - Generally. back to top
This article is hereby adopted as the fair housing policy of the housing authority of the city.
(Code 1972, § 5-131)
Sec. 15-17. - Establishment of nondiscrimination policy. back to top
In the selection of residents there shall be no discrimination against families because of race, color, creed, sex, religion, national origin, or ancestry. No person shall automatically be excluded from participation in or be denied the benefits of any project operated by the housing authority of the city because of membership in a class such as unmarried mothers, recipients of public assistance.
(Code 1972, § 5-132)
Sec. 15-18. - Compliance with state and federal laws. back to top
(a) It is the intention of the housing authority of the city to comply with any state fair housing laws that now or are hereafter adopted.
(b) The Civil Rights Act of 1968, Title VIII, Fair Housing (42 U.S.C. §§ 3601-3619) prohibits discrimination in the sale or rental of residential property involving all buildings containing five (5) or more units; buildings with two (2), three (3) or four (4) units if the owner does not live in the building; one-family houses sold or rented by those who own more than three (3) single-family houses, and all one-family houses which are sold or rented with the services of a real estate broker, agent or salesman. The law also prohibits discrimination by mortgage lending institutions and by real estate boards in their membership policies and in participation in multiple listing services and makes "blockbusting" illegal. "Blockbusting" is defined as meaning " ... to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry into the neighborhood of persons of a particular race, religion, or national origin."
(c) The Civil Rights Act of 1964, Title VI, nondiscrimination in federally assisted programs, provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
(d) Executive Order 11063 equal opportunity in housing, requires all federal departments and agencies to take all action necessary and appropriate to prevent discrimination because of race, color, creed, or national origin in sales or rental of residential property and related facilities owned or operated by the federal government or provided with federal financial assistance. The order also prohibits discrimination in lending practices, insofar as such practices relate to loans insured or guaranteed by the federal government.
(e) The United States Supreme Court has determined that Federal Statute of 1866 U.S. Code Section 1982 prohibits any racial discrimination in any kind of housing regardless of whether the housing is covered under any other law.
(f) The housing authority of the city shall not, on account of creed or sex, discriminate in the sale, leasing, rental, or other disposition of housing or related facilities (including land) included in any project or in the use or occupancy thereof, nor deny to any family the opportunity to lease or rent any dwelling in any such housing suitable to its needs.
(Code 1972, §§ 5-133, 5-134)
Sec. 15-19. - Display of the fair housing poster. back to top
The fair housing poster will be displayed so as to be clearly visible to applicants and residents. The poster lists the types of discrimination to be guarded against, the buyers' or renters' right to file complaints if discrimination exists, and the address of the HUD area office to receive them.
(Code 1972, § 5-135)
Sec. 15-20. - Enforcement of fair housing laws. back to top
Families experiencing discrimination covered by fair housing laws may file a complaint with the city. The complainant may state the complaint in a letter or use a HUD complaint form (HUD 0903). Complaints must be sent to HUD within one hundred eighty (180) days of the alleged discriminatory act. The executive director or the housing authority shall assist families desiring assistance in filing a complaint, when necessary.
(Code 1972, § 5-136)