Sec. 15-66. - Generally. back to top
(a) The general purposes of this part are:
(1) To provide for execution within the City of St. Petersburg the policies embodied in Title VIII of the Federal Civil Rights Act of 1968, as amended to by the Fair Housing Amendments Act of 1988 (the Fair Housing Act).
(2) To secure for all individuals within the City of St. Petersburg the freedom from discrimination because of race, color, religion, national origin, sex, familial status, sexual orientation or handicap in connection with housing, and thereby to promote the interests, rights and privileges of individuals within the City.
(3) This part shall be liberally construed to preserve the public safety, health and general welfare and to further the general purposes stated herein.
(b) Definitions:
(1) Aggrieved person includes any person who:
a. Claims to have been injured by a discriminatory housing practice; or
b. Believes that he will be injured by a discriminatory housing practice that is about to occur.
(2) ANSI A117.1 (1986) is the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people.
(3) Appraisal means an estimate or opinion of the value of a specified residential real property made in a commercial context in connection with the sale, rental, financing or refinancing of dwelling or with any other residential real estate related transaction, whether the appraisal is oral or written, or transmitted formally or informally.
(4) Board means the St. Petersburg Human Relations Review Board created by this chapter.
(5) Broker or Agent means any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts, and the administration of matters regarding such offers, solicitations or contracts or any residential real estate related transactions.
(6) Complainant means a person, including the board, who files a complaint under this part.
(7) Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the board.
(8) Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.
(9) Discriminatory housing practice means an act prohibited by this part.
(10) Dwelling means:
a. Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residency by one or more families; or
b. Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by paragraph (a) above.
(11) Familial status:
a. One or more individuals (under the age of 18) who are domiciled with either a parent or another person having legal custody of such individual, the designee of such parent or other person having such custody, with the written permission of such parent or other person;
b. An individual in the process of obtaining legal custody of an individual younger than 18 years of age; or
c. An individual who is pregnant.
(12) Family includes one or more individuals related by blood or marriage, and includes a single individual.
(13) Handicap means a mental or physical impairment that substantially limits at least one major life activity; a record of such an impairment; or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.c. 802)).
(14) Hearing Examiner is that person selected to administer or conduct the hearing on the complaint of discrimination. The Hearing Examiner shall be an employee of the City of St. Petersburg. This definition of a hearing examiner shall apply to this part.
(15) Human Relations Officer is a designee of the City Manager of the City of St. Petersburg.
(16) Human Relations Review Board is the board as set out in Section 15-45 of this Chapter.
(17) Order is the order rendered by the Board upon recommendation of the hearing examiner.
(18) Owner means any person having any legal or equitable right to sell, rent, lease or possess any housing accommodation, including, but not limited to, a lessee, sublessee, co-tenant, assignee, or managing agent.
(19) Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries.
(20) Respondent means:
a. The person accused of a violation of this part; or
b. Any other person identified in the course of investigation and notified as required by this part.
(21) Real property includes buildings, structures, lands, tenements, leaseholds, subleaseholds, cooperative condominiums.
(22) Recommended adjudicative order is the order rendered pursuant to this Chapter by the hearing examiner. Said order shall contain an analysis, recommended findings of fact, conclusions of law and appropriate remedial actions.
(23) To rent includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. No. 2144-F, § 1, 4-2-92; Ord. No. 50-G, §§ 1-3, 10-1-92; Ord. No. 517-G, § 5, 1-3-02)
Sec. 15-67. - Discrimination in real estate transactions and practices. back to top
(a) Unlawful discriminatory housing practices. It shall be unlawful and a discriminatory practice because of race, color, religion, sex, familial status, sexual orientation or national origin.
(1) To refuse to sell or rent a dwelling after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling.
(2) To discriminate in the terms, conditions or privileges of the sale or rental of a dwelling or in the furnishing of facilities or services in connection therewith.
(3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination or an intention to make such preference, limitation or discrimination.
(4) To represent to a person that any dwelling is not available for inspection, sale or rental when in fact it is so available.
(5) Otherwise to deny to, or to withhold, induce or attempt to induce, for profit a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood.
(b) Discrimination in residential real estate-Related transactions. It shall be unlawful and discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, sexual orientation or national origin.
(1) In this subsection, "residential real estate-related transaction" means the following:
a. The making or purchasing of loans or providing other financial or professional services:
1. For purchasing, constructing, improving, repairing or maintaining a dwelling;
2. Secured by residential real estate.
b. The selling, brokering, or appraising of residential real property.
(2) Nothing in this subsection prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, age, color, religion, sex, handicap, familial status, or national origin.
(c) Discrimination on the basis of handicap.
(1) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
a. That buyer or renter;
b. A person residing in or intending to reside in that dwelling after it is sold, rented, or make available; or
c. Any person associated with that buyer or renter.
(2) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a handicap of:
a. That buyer or renter;
b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
c. Any person associated with that person.
(3) For purposes of this subsection only, discrimination includes:
a. A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
b. A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to use and enjoy a dwelling, or
c. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:
1. The public use and common use portions of the dwellings are readily accessible to and usable by handicapped persons;
2. All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
3. All premises within the dwelling contain the following features of adaptive design:
i. An accessible route into and through the dwelling.
ii. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
iii. Reinforcements in bathroom walls to allow later installation of grab bars; and
iv. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1 (1986)," suffices to satisfy the requirements of subparagraph (3)(c)iii. above.
(5) As used in this subsection, the term "covered multifamily dwellings" means:
a. Buildings consisting of four or more units if the buildings have one or more elevators; and
b. Ground-floor units in other buildings consisting of four or more units.
(6) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety or other individuals or whose tenancy would result in substantial physical damage to the property of others.
(d) Discrimination in brokerage services. A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation, on the basis of race, color, religion, national origin, sex, familial status, sexual orientation, or handicap.
(e) Certain sales and rentals exempted.
(1) The following sales or rentals are not subject to this part.
a. The sale or rental of a single-family house sold or rented by a private individual owner provided,
1. That the private individual owner does not own more than three such single-family houses at any one time; and does not own any interest in, nor is there owned or reserved on one's behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and
2. That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this part shall apply only with respect to such sale within any twenty-four month period; and
3. That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on this individual's 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 such single-family houses at any one time; and
4. That the sale or rental of such single-family house was sold or rented without: house shall be excepted from the application of this Code only if such house is sold or rented 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 such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person and
5. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this Title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
6. That rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(f) Religious organization and private club exemption.
(1) This part does not prohibit a religious organization, association, or society, or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from:
a. Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
b. From giving preference to such persons, unless membership in the religion is restricted because of race, age, color, or national origin.
(2) This part does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
(g) Housing for elderly exempted.
(1) The provisions of this part relating to "familial status" do not apply to housing intended for, and occupied solely by persons 62 years of age or older. Housing satisfied the requirements of this section even though:
a. There were persons residing in such housing on September 13, 1988, who were under 62 years of age, provided that all those who become occupants after September 13, 1988, are persons 62 years of age or older;
b. There are unoccupied units, provided that all such units are reserved for occupancy by persons 62 years of age or older;
c. There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.
(2) The provisions regarding "familial status" shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the requirements specified in the below subparagraphs a., b. and c.
a. The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. "Significant facilities and services specifically designed to meet the physical or social needs of older persons" include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care of programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them (the housing facility need not have all of these features to qualify for the exemption under this subparagraph); or it is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and such facility is necessary to provide important housing opportunities for older persons. In order to satisfy this paragraph, the owner or manager of the housing facility must demonstrate through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing. The following factors, among others, are relevant in meeting the requirements.
1. Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.
2. The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.
3. The income range of the residents of the housing facility.
4. The demand for housing for older persons in the relevant geographic area.
5. The range of housing choices for older persons within the relevant geographic area.
6. The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this paragraph.
7. The vacancy rate of the housing facility.
b. At least 80 percent of the units in the housing facility are occupied by at least one person 55 years of age or older per unit.
c. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(Ord. No. 2144-F, § 2, 4-2-92; Ord. No. 50-G, §§ 4, 5, 10-1-92; Ord. No. 69-G, § 1, 12-17-92; Ord. No. 517-G, § 6, 1-3-02)
Sec. 15-68. - Administrative enforcement-Preliminary matters. back to top
(a) Complaint process.
(1) The Human Relations Officer shall investigate alleged discriminatory housing practices.
(2) Any aggrieved person or the Human Relations Officer may file a complaint no later than one year after an alleged discriminatory housing practice has occurred or terminated.
(3) Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint.
(4) A complaint may be amended at any time.
(5) On the filing of a complaint, the Human Relations Officer shall:
a. Give the aggrieved person notice that the complaint has been received; and advise the aggrieved person of the time limits, procedures and choice of forums under this part; and
b. Promptly serve notice on the respondent or person charged with the commission of a discriminatory housing practice advising of the person's procedural rights and obligation under the ordinance together with a copy of the complaint; and
(6) The respondent may file an answer no later than ten days after receipt of the notice. The answer can be amended at any time. The answer must be signed and affirmed by the respondent.
(7) A person not named as a respondent, but who is identified in the investigation as one, may be joined as an additional or substitute respondent upon written notice as set out in (a)(5)c., to such person.
a. The notice shall give the basis for the belief that the person joined is a proper respondent.
(b) Investigation procedures.
(1) For complaints filed with the Human Relations Officer under this part, and all other complaints that have been deferred by the federal government or Pinellas County shall be investigated promptly with commencement of the investigation beginning within 30 days of receipt of the complaint.
(2) The investigations will seek the voluntary cooperation of all persons in obtaining information. If, however, the Human Relations Officer is unable to obtain the voluntary cooperation of persons, he shall request the Human Relations Review Board issue subpoenas for the needed information. The Human Relations Review Board shall have the power to issue subpoenas. Subpoenas issued by the Human Relations Review Board must be approved by the City Attorney as to the subpoena's legality before it is issued.
(3) The investigation shall be completed with 100 days, unless the Human Relations Officer is unable to so complete the investigation. If the 100-day period cannot be met, the Human Relations Officer shall notify in writing the aggrieved party and the respondent. The Human Relations Officer shall relay in said writing the reasons for the delay to the aggrieved party and the respondent.
(4) A final investigative report shall be issued at the end of the investigation. The report will contain the following:
a. The names and dates of contacts with witnesses (except the report will not disclose the names of witnesses who request anonymity);
b. A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts;
c. A summary description of other pertinent records;
d. A summary of witness statements; and
e. Answers to interrogatories.
(5) A final report under this part may be amended if additional evidence is discovered.
(c) Conciliation procedures.
(1) Beginning with the filing of the complaint and ending with the filing of the charge or dismissal of the complaint, the Human Relations Officer will to the extent possible try to conciliate the complaint by trying to receive a just resolution.
(2) The conciliation agreement will be in writing, executed by the respondent and complainant, and approved and signed by the Human Relations Officer.
(3) Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding without the written consent of the persons concerned.
(4) Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Human Relations Officer determines that disclosure is not required to further the purposes of this Part.
(5) If the Human Relations Officer has reasonable cause to believe that a respondent has breached a conciliation agreement, the Human Relations Officer shall turn it over to the City Attorney for the recommended filing of a civil action for the enforcement of the conciliation agreement.
(6) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.
(d) Issuance of charge.
(1) If conciliation has not been reached within 100 days of the filing of the Complaint, then a determination as to whether reasonable cause exists as to whether a discriminatory housing practice has occurred or is about to occur will be issued.
a. The reasonable cause determination shall be based solely on the facts concerning the alleged discriminatory housing practice provided by the complainant and respondent and otherwise disclosed during the investigation, but it shall not be limited to the facts or grounds alleged in the complaint.
b. If the Human Relations Officer determines that reasonable cause exists, the Human Relations Officer will immediately issue a charge and notify the respondent and aggrieved person by certified mail or personal service.
c. If the Human Relations Officer determines that no reasonable cause exists, the Human Relations Officer shall issue a brief statement as to this conclusion; notify the aggrieved party and respondent; make public disclosure of the dismissal by a press release, except the respondent may request no public disclosure. Even if public disclosure by press release is not made, the fact of the dismissal, including the names of the parties shall be public record.
d. If the charge is related to any local land use laws or ordinances, the matter shall immediately be referred to the City Attorney for appropriate action.
(2) If an aggrieved person has brought a civil action and the trial has commenced, no charge shall be commenced.
a. The Human Relations Officer shall notify the aggrieved party and respondent of this determination.
(3) The Human Relations Officer shall make the reasonable cause determination within 100 days of the filing of the complaint, if it is practical to do so. If the Human Relations Officer is unable to meet this time line, the aggrieved party and respondent shall be notified of the reason for delay.
(4) If a charge is issued, it shall contain:
a. A short and plain written statement of facts stating the basis on which a discriminatory housing practice has occurred or is about to occur; and
b. It shall be based on the final investigative report.
(5) If a charge is issued, an aggrieved party or respondent may elect to have the charge decided in a civil action instead of an administrative proceeding.
a. This election must be made not later than 20 days after the receipt of the charge.
b. Notice of such an election must be filed with the Human Relations Officer and to all other complainants to whom the charge relates.
c. If election is not made, then the charge will proceed as an administrative proceeding.
d. If an election is made, the Human Relations Officer shall immediately notify the City Attorney to commence and maintain the action on behalf of the aggrieved person in the appropriate Court.
e. If the Human Relations Officer (acting on behalf of the Human Relations Review Board) concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section, it may authorize a civil action for appropriate temporary or preliminary relief and attorney's fees pending final disposition of the complaint, in accordance with F.S. § 760.34.
f. If election is made, the City Attorney shall have authority to have adjudicated in court at the City's expense the award of actual damages, injunctive or other equitable relief, and punitive damages.
1. On receipt of the Human Relation Officer's request, the City Attorney, or his designee, shall promptly file the action.
2. A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the applicable Florida Rules of Civil Procedure.
3. The commencement of a civil action by the City Attorney, or his designee, under this section shall not affect the initiation or continuation of proceedings under this part or administrative proceedings.
(Ord. No. 2144-F, § 3, 4-2-92; Ord. No. 50-G, §§ 7-11, 10-1-92)
Sec. 15-69. - Administrative hearing if no judicial election. back to top
(a) Administrative hearing.
(1) If a timely election is not made under Section 15-68(d)(5)a., the Human Relations Officer shall provide for an opportunity for a hearing before the Hearing Examiner pursuant to Section 15-45 of this Chapter on the charge.
(2) The Human Relations Officer shall arrange for a Hearing Examiner to conduct the hearing. The Hearing Examiner shall commence the hearing no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the Hearing Examiner is unable to commence the hearing, the examiner shall notify the Human Relations Officer, the aggrieved person, and respondent, in writing, of the reasons for not doing so.
(3) The Hearing Examiner shall make findings of fact and conclusions of law within 60 days after the hearing, unless it is impracticable.
a. The Human Relations Officer may review any finding, conclusion, or order as issued above. Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued, otherwise the finding, conclusion, or order becomes final.
b. The Human Relations Officer shall serve on the aggrieved party and respondent the findings of fact and conclusion of law with respect to the final order under this section.
(4) In interpreting the provisions of this part, the Hearing Examiner may consider administrative and judicial interpretations of substantially equivalent provisions of State or Federal laws.
(5) An administrative hearing under this part may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person seeking relief with respect to that discriminatory housing practice.
(b) Administrative penalties.
(1) If the Hearing Examiner determines at a hearing that a respondent has engaged in or is about to engage in a discriminatory housing practice, the recommended order may include appropriate relief, including actual damages, reasonable attorney's fees, costs, and other injunctive or equitable relief.
(2) To vindicate the public interest, the Hearing Examiner may apply to the appropriate court, including the Circuit Court to assess a civil penalty against the respondent pursuant to F.S. § 760.34, in an amount that does not exceed:
a. $10,000.00 if the respondent has not been adjudged by order of the Human Relations Officer or a court to have committed a prior discriminatory housing practice;
b. Except as provided in Section (b)(3) below, $25,000.00 if the respondent has been adjudged by order of the Human Relations Officer or a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and
c. Except as provided by (b)(3) below, $50.000.00 if the respondent has been adjudged by order of the Human Relations Officer or a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.
(3) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties above may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. Funds collected under this part shall be paid to the City of St. Petersburg and shall be used to offset expenses incurred by the Human Relations Office or City Attorney in enforcing this part, and in carrying out other efforts to further fair housing within the City of St. Petersburg.
(c) Review of Human Relations Officer's Orders. Upon application by any party aggrieved by the final order of the Human Relations Officer, judicial review may be had in the appropriate judicial court.
(1) The court may grant to the petitioner, or to any other party, such temporary relief, restraining order, or other order as the court determines is just and proper, affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and enforce the order to the extent that the order is affirmed or modified.
(d) Effect of human relations officer's order. A Human Relations Officer's order under this section does not affect a contract, sale, encumbrance or lease that:
(1) Was consummated before the Human Relations Officer issued the order; and
(2) Involved a bona fide purchase, encumbrancer, or tenant who did not have actual notice of the charge filed under this part.
(e) Licensed or regulated business. In case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Human Relations Officer shall, not later than the 30th day after the date of the issuance of the order:
(1) Send copies of the findings and the order to the governmental agency; and
(2) Recommend to the governmental agency appropriate disciplinary action.
(f) Private enforcement.
(1) Civil action.
a. Under the provisions of F.S. § 760.35, an aggrieved person may file a civil action in a court of competent jurisdiction no later than two years after an alleged discriminatory housing practice has occurred.
b. An aggrieved person may file an action regardless of whether they have filed a complaint under this part, and regardless of the status of any complaint filed under this part.
c. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages and may grant as relief, as the court deems appropriate, any permanent or temporary restraining order, or other order. Additionally, the court, in its discretion, may allow the prevailing party reasonable attorney's fees and costs.
(2) Intervention by City Attorney. Upon the request of the Human Relations Review Board, the City Attorney may intervene in an action brought under the provisions of (e)(1) above, if the City Attorney certifies that the case is of significant public importance to the citizens of St. Petersburg.
(g) Enforcement by City Attorney.
(1) Pattern or practice cases.
a. On request on the Human Relations Review Board, the City Attorney may file a civil action in a court of competent jurisdiction for appropriate relief if the Human Relations Review Board has reasonable cause to believe that:
1. A person is engaged in a pattern or practice of resistance of the full enjoyment of any right granted by this part; or
2. A person who has been denied any right granted by this part and that denial raises an issue of general public importance.
(2) Subpoena enforcement. The City Attorney, on behalf of the Human Relations Review Board may enforce a subpoena issued under this part in appropriate proceedings pursuant to law.
(Ord. No. 2144-F, § 4, 4-2-92; Ord. No. 50-G, §§ 12-17, 10-1-92)
Sec. 15-70. - Interference, coercion or intimidation. back to top
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed or on account of having aided or encouraged any other person in the exercise of any right granted or protected by this part.
(Ord. No. 2144-F, § 5, 4-2-92)
Secs. 15-71-15-80. - Reserved.