Anti-Discrimination Center

1.29.100 Unlawful discriminatory housing practices. back to top

The exclusion of a person from, or failure or refusal to extend to a person, equal opportunities because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, honorably discharged veteran or military status, or disability is hereby declared to be an unlawful discriminatory housing practice. Unlawful housing discriminatory practices shall include, but are not limited to, the following:

(1) Refusal to sell or rent a dwelling after a bona fide offer has been made, or to negotiate for the sale or rental of a dwelling, because of race, color, religion, sex, gender identity, sexual orientation, familial status, honorably discharged veteran or military status, marital status, age, or national origin, or discrimination in the sale or rental of a dwelling because of disability;

(2) Discrimination in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status marital status, honorably discharged veteran or military status, age, or national origin;

(3) Engaging in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin; veteran or military status, age, or national origin.

(4) Making, printing or publishing, or causing to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dw or military status, age, or national origin.

E. Discriminatory Advertisements, Statements and Notices.

1. It shall be unlawful 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 because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin, or an intention to make any such preference limitation or discrimination.

2. The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling.

3. Discriminatory notices, statements and advertisements include, but are not limited to:

a. Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, age, or national origin of such persons.

b. Expressing to agents, brokers, employees, prospective sellers or renters, or any other persons, a preference for or limitation on any purchaser or renter because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin of such persons.

c. Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

d. Refusing to publish advertising for the sale or rental of dwellings, or requiring different charges or terms for such advertising, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

F. Discriminatory Representations on the Availability of Dwellings.

1. It shall be unlawful, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rent.

2. Prohibited actions under this section include, but are not limited to:

a. Indicating through words or conduct that a dwelling which is available for inspection, sale, or rent has been sold or rented, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or nation origin.

b. Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin preclude the sale or rental of a dwelling to a person.

c. Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, gender identity, sexual orientation, disability,familial status, marital status, honorably discharged veteran or military status, age, or national origin.

d. Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

e. Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

G. Blockbusting.

1. It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender identity, sexual orientation, familial status, marital status, honorably discharged veteran or military status, age, or national origin or with a disability.

2. In establishing a discriminatory housing practice under this section it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.

3. Prohibited actions under this section include, but are not limited to:

a. Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing, or is about to undergo, a change in the race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental.

b. Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, gender identity, sexual orientation, familial status, marital status, honorably discharged veteran or military status, age, or national origin, or with disabilities, can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.

H. Discrimination in the Provision of Brokerage Services.

1. It shall be unlawful to deny any person access to or membership or participation in any multiple-listingservice, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

2. Prohibited actions under this section include, but are not limited to:

a. Setting different fees for access to or membership in a multiple-listing service because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

b. Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

c. Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

d. Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.. (Ord. 27720 Ex. A; passed Jun. 17, 2008: Ord. 27092 § 6; passed Jun. 10, 2003: Ord. 26948 § 7; passed Apr. 23, 2002: Ord. 25352 § 1; passed Aug. 31, 1993)

1.29.110 Discrimination in residential real estate-related transactions. back to top

A. Discriminatory Practices in Residential Real Estate- Related Transactions. It shall be unlawful 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, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

B. Residential Real Estate-Related Transactions. The term "residential real estate-related transactions" means:

1. The making or purchasing of loans or providing other financial assistance:

a. For purchasing, constructing, improving, repairing or maintaining a dwelling; or

b. Secured by residential real estate; or

2. The selling, brokering or appraising of residential real property.

C. Discrimination in the Making of Loans and in the Provision of Other Financial Assistance.

1. It shall be unlawful for any person or entity whose business includes engaging in residential real estaterelated transactions to discriminate against any person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

2. Prohibited practices under this section include, but are not limited to, failing or refusing to provide to any person, in connection with a residential real estaterelated transaction, information regarding the availability of loans or other financial assistance, application requirements, procedures or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

D. Discrimination in the Purchasing of Loans.

1. It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate, to refuse to purchase such loans, debts, or securities or to impose different terms or conditions for such purchases, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

2. Unlawful conduct under this section includes, but is not limited to:

a. Purchasing loans or other debts or securities which relate to, or which are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

b. Because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin, pooling or packaging differently loans or other debts or securities which relate to, or which are secured by, dwellings.

c. Imposing or using different terms or conditions for the marketing or sale of securities issued on the basis of loans or other debts or securities which relate to, or which are secured by, dwellings because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

3. This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of Federal law, relating to a transaction's financial security or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions; provided, that no such factor may in any way relate to race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

E. Discrimination in the Terms and Conditions for Making Available Loans or Other Financial Assistance.

1. It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

2. Unlawful conduct under this section includes, but is not limited to:

a. Using different policies, practices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, residential real estate because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

b. Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, duration or other terms for a loan or other financial assistance for a dwelling or which is secured by residential real estate, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status,honorably discharged veteran or military status, age, or national origin.

F. Unlawful Practices in the Selling, Brokering, or Appraising of Residential Real Property.

1. It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

2. For the purposes of this section, the term "appraisal" means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

3. Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

4. Practices which are unlawful under this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

(Ord. 27720 Ex. A; passed Jun. 17, 2008: Ord. 26948 § 8; passed Apr. 23, 2002: Ord. 25352 § 1; passed Aug. 31, 1993)

1.29.120 Prohibition against discrimination because of disability. back to top

A. Definitions. As used in this section:

1. "Accessible," when used with respect to the public and common use areas of a building containing multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase "readily accessible to and usable by" is synonymous with "accessible." A public or common use area that complies with the appropriate requirements of the Americans with Disabilities Act AccessibilityGuidelines ("ADAAG") or a comparable standard is "accessible" within the meaning of this paragraph.

2. "Accessible route" means a continuous, unobstructed path which:

a. Connects accessible elements and spaces in a building within a site;

b. Can be negotiated by a person with a severe disability using a wheelchair; and

c. Is safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of the ADAAG or a comparable standard is an "accessible route."

3. "Building" means a structure or facility, or portion thereof, that contains or serves one or more dwelling units.

4. "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with the ADAAG or a comparable standard complies with the requirements of this paragraph.

5. "Common use areas" means rooms, spaces, or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.

6. "Controlled substance" means any drug or other substance, or immediate precursor included in the definition in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

7. "Multifamily dwellings" means buildings consisting of four or more dwelling units if such buildings have one or more elevators and ground floor dwelling units in other buildings consisting of four or more dwelling units.

8. "Dwelling unit" means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single-family home; an apartment unit within an apartment building; and, in other types of dwellings wherein sleeping accommodations are provided but toilet or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

9. "Entrance" means any access point to a building used by residents for the purpose of entering.

10. "Exterior" means all areas of the premises outside of an individual dwelling unit.

11. "First occupancy" means a building that has never before been used for any purpose.

12. "Ground floor" means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

13. "Disability" means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current illegal use of or addiction to a controlled substance. As used in this definition:

a. "Physical or mental impairment" includes:

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organ; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current illegal use of a controlled substance) and alcoholism.

b. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

c. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

d. "Is regarded as having an impairment" means:

(i) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (a) of this definition but is treated by another person as having such an impairment.

e. "Interior" means the spaces, parts, components, or elements of an individual dwelling unit.

f. "Modification" means any change to the public or common use areas of a building or any change to a dwelling unit.

g. "Premises" means the interior or exterior spaces, parts, components, or elements of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

h. "Site" means a parcel of land bounded by a property line or a designated portion of a public right-of-way.

B. General Prohibitions Against Discrimination Because of Disability.

1. It shall be unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a. That buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any person associated with that person.

2. It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

a. That buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any person associated with that person.

3. It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is sold, rented or made available, or any person associated with that person, has a disability, or to make inquiry as to the nature or severity of a disability of such a person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:

a. Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

b. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of handicap;

c. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to personswith disabilities or to persons with a particular type of disability;

d. Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance.

4. Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

C. Reasonable Modifications of Existing Premises.

1. It shall be unlawful for any person to refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises, occupied or to be occupied by a disabled person, if the proposed modifications may be necessary to afford the disabled person full enjoyment of the premises of a dwelling. In the case of a rental where it is reasonable to modify the premises, the landlord may qualify permission for such a modification on the basis of the renter's agreeing to restore the premises to the condition that existed prior to the modifications, reasonable wear and tear excepted. The landlord may not increase for a disabled person any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

2. A landlord may condition permission for a modification on the basis of the renter's providing a reasonable description of the proposed modifications as well as reasonable assurance that the work will be done in a professional manner and any required building permits will be obtained.

D. Reasonable Accommodations. It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

E. Design and Construction Requirements.

1. Multifamily dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling was occupied on that date. The burden of establishing impracticality because of terrain or unusual sitecharacteristics is on the person or persons who designed or constructed the dwellings.

2. All multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall be designed and constructed in such a manner that:

a. The public and common use areas are readily accessible to and usable by disabled persons;

b. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by disabled persons in wheelchairs; and

c. All premises within multifamily dwelling units contain the following features of adaptable design:

(i) An accessible route into and through the dwelling unit,

(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 around the toilet, tub, shower, stall and shower seat, where such facilities are provided, and

(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(Ord. 27092 § 7; passed Jun. 10, 2003: Ord. 26948 § 9; passed Apr. 23, 2002: Ord. 25580 § 1; passed Sept. 20, 1994: Ord. 25474 § 2; passed Apr. 12, 1994: Ord. 25352 § 1; passed Aug. 31, 1993)

1.29.130 Housing for older persons. back to top

A. Exemptions.

1. The provisions in this section regarding familial status do not apply to housing which satisfies the requirements of Sections 1.29.130B, 1.29.130C, or 1.29.130D.

2. Nothing in this section limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of persons permitted to occupy a dwelling.

B. State and Federal Elderly Housing Programs.

1. The provisions in this section regarding familial status shall not apply to housing provided under any federal or state program that the Secretary of the U.S. Department of Housing and Urban Development (HUD) has exempted.

C. Housing for Persons Who Are 62 Years of Age or Older.

1. The provisions in this section regarding familial status shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:

a. There are persons residing in such housing on September 13, 1988, who are under 62 years of age;provided, that all new occupants are persons 62 years of age or older;

b. There are unoccupied units; provided, that 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.

D. Housing for Persons 55 Years of Age or Older.

1. The provisions in this section 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 of Section 1.29.130D.2.a and 2.b.

2.a. 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, except that a newly constructed housing facility for first occupancy after March 12, 1989, need not comply with this paragraph 2.a until 25 percent of the units in the facility are occupied; and

b. The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this paragraph 2.b:

(i) The manner in which the housing facility is described to prospective residents.

(ii) The nature of any advertising designed to attract prospective resident.

(iii) Age verification procedures.

(iv) Lease provisions.

(v) Written rules and regulations.

(vi) Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

3. Housing satisfies the requirements of this section even though:

a. On September 13, 1988, under 80 percent of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit; provided, that at least 80 percent of the units that are occupied by new occupants after September 13, 1988, are occupied by at least one person 55 years of age or older.

b. There are unoccupied units; provided, that at least 80 percent of such units are reserved for occupancy by at least one person 55 years of age or over.

c. There are units occupied by employees of the housing facility (and family members residing in the same unit) who are under 55 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

(Ord. 27092 § 8; passed Jun. 10, 2003: Ord. 25474 § 3; passed Apr. 12, 1994: Ord. 25352 § 1; passed Aug. 31, 1993)

1.29.140 Interference, coercion or intimidation. back to top

A. Prohibited Interference, Coercion or Intimidation.

1. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section.

2. Conduct made unlawful under this section includes, but is not limited to, the following:

a. Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits; provided, that person in connection with the sale or rental of a dwelling or in connection with a residential real estaterelated transaction because of race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin.

b. Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin of such persons, or of visitors or associates of such persons.

c. Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the race, color, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, honorably discharged veteran or military status, age, or national origin of that person or any person associated with that person.

d. Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this section.

e. Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under Chapter 1.29 of the City of Tacoma Law Against Discrimination, as amended.

1.29.150 Adjustment and settlement of complaints. back to top

Any complaint filed alleging an unlawful discriminatory housing practice shall be so filed within one year after the alleged act of discrimination. All other complaints filed alleging discriminatory acts prohibited by Chapter 1.29 shall be filed within six months after the alleged act.

Upon the filing with the Commission of a verified written complaint alleging that an unlawful discriminatory act has occurred or is occurring, the Commission's staff shall conduct a prompt investigation thereof along with conciliation efforts which shall begin with the filing of a complaint. If, upon the completion of such investigation, it is determined that insufficient evidence exists to support a reasonable cause finding that an unlawful discriminatory act has occurred or is occurring, such determination shall be filed in writing with the Commission and the complaint shall be dismissed. If a determination of reasonable cause is found and conciliation efforts have failed, an administrative hearing proceeding as provided in Chapter 1.29 shall commence.

In any housing discrimination case in which it is determined that an unlawful discriminatory act has been committed, the case will be decided by the City of Tacoma Hearing Examiner if attempts at conciliation should fail. However, in housing discrimination cases, a charging party (including the Commission, if the Commission filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint is filed may elect, in lieu of an administrative proceeding, to have the claims asserted in the charge decided in a civil action pursuant to Section 1.29.160.

In any case in which it is determined that an unlawful discriminatory act has been committed by the City of Tacoma or any department or agency thereof, the Executive Director of the Commission shall transmit such findings to the City Manager or the Director of Public Utilities, as appropriate, who shall, within 30 days, take such action as is deemed necessary in order to comply with the purposes of this chapter. The Human Rights and Human Services Department shall advise the charging party of his or her legal rights to include his or her recourse if the City/Department of Public Utilities does not conciliate the matter.

A. Conciliation Failure. If the complained of unlawful practice cannot be eliminated through conciliation, the staff's finding of reasonable cause shall be reported to the Commission, accompanied by a determination by the Executive Director to take the unresolved case to a public hearing before the City Hearing Examiner.

NOTE: Based on the discovery of new and relevant evidence, the Executive Director may, at any timefollowing conciliation failure, reopen the case to investigate new and relevant evidence. Based on results of investigation, the original determination may be revised.

1. The case in support of the Commission's finding of reasonable cause shall be presented at hearing by the City Attorney or the City Attorney's designee; provided, however, that the charging party may retain independent counsel, submit testimony, and be fully heard.

2. The respondent shall have the right to file a written answer to the charge and to appear at the hearing with or without counsel, submit testimony, and be fully heard, and to examine and cross-examine witnesses.

3. The Hearing Examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath, and shall be transcribed.

4. If, upon all the evidence presented, the Hearing Examiner finds that the respondent has not engaged in an unlawful discriminatory practice, the Hearing Examiner shall issue an order dismissing the complaint.

5. If, upon all the evidence presented, the Hearing Examiner finds that the respondent has engaged or is engaging in an unlawful discriminatory practice, the Examiner shall issue an order which shall effectuate the purposes of this chapter. Such order shall require the respondent to cease and desist from such unlawful discriminatory practice and to take such action as is necessary to effectuate the purposes of this chapter.  Orders to take action may include the hiring, reinstatement, or upgrading of employees, with or without back pay; admission or restoration to membership in any respondent labor organization; the selling, renting, or leasing of a housing accommodation or housing accommodations upon equal terms and conditions and with equal facilities, services, and privileges; and any other order which, in the judgment of the Hearing Examiner, will effectuate the purposes of this chapter and is warranted by the facts presented at the hearing, including a requirement for report of the manner of compliance. Such orders requiring action to be taken by the respondent shall include terms requiring performance of such action within 30 days after receipt of notice by the respondent of the entry of such order. When a determination has been made by the Hearing Examiner under this section that an unlawful practice involving real property has been committed, the Hearing Examiner may, in addition to other relief authorized hereunder, issue the following types of orders:

a. To pay damages to the aggrieved person (including damages caused by humiliation and embarrassment).

b. Injunctive or such other equitable relief as may be appropriate. No such order may affect any contract, sale, encumbrance or lease consummated before the issuance of the initial decision that involved a bona fidepurchaser, encumbrancer, or tenant without actual knowledge of the charge.

c. To vindicate the public interest, the Hearing Examiner may assess a civil penalty against the respondent.

(i) The amount of the civil penalty may not exceed:

(A) $10,000, if the respondent has not been adjudged to have committed any prior discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 1.29 of the City of Tacoma Law Against Discrimination, as amended.

(B) $25,000, if the respondent has been adjudged to have committed one other discriminatory housing practice in any administrative hearing or civil action permitted under Chapter 1.29 of the City of Tacoma Law Against Discrimination, as amended.

(C) $50,000, if the respondent has been adjudged to have committed two or more discriminatory housing practices in any administrative hearing or civil actions permitted under Chapter 1.29 of the City of Tacoma Law Against Discrimination, as amended.

B. Municipal Offense. A respondent which has not complied with the terms of an order mandating relief as described above within 30 days of receiving notice of the entry of such order shall be deemed guilty of a municipal offense against the City of Tacoma and shall be liable to the City in an amount not to exceed $100 to be levied by the Municipal Court of the City of Tacoma for each day in excess of the 30 days provided for herein on which such respondent has failed to comply with an order rendered by the Hearing Examiner or to seek Superior Court review of such order.

C. Appeal from Orders of Hearing Examiner. Any respondent or charging party aggrieved by a final order of the Hearing Examiner may obtain a review of such order on the record in the Superior Court of Washington for Pierce County by filing with the Clerk of that Court, within 30 days from the date of receipt of such order, a written petition praying that such order be modified or set aside. The Hearing Examiner shall then cause to be filed in the Court a certified transcript of the entire record of the proceedings, including the pleadings, testimony, and order. The Superior Court shall have jurisdiction to grant to any party such relief as it deems just and equitable. Judicial review of an order of the Hearing Examiner shall be on the record and in accordance with the provisions set forth at RCW 49.60.270. Filing of a petition seeking judicial review of an order of the Hearing Examiner shall operate as a stay of such order.

D. Court Enforcement of Orders. The City of Tacoma may petition the Superior Court of Washington for Pierce County for enforcement of any order of the Hearing Examiner which has not been complied with during the 30-day period of performance prescribed in such order. The Commission, through the City Attorneyor the City Attorney's designee, shall certify and file in Superior Court the findings of fact and final order sought to be enforced. Within five days after filing such petition in Court, the Commission shall cause a notice of the petition to be personally served upon all parties or their representatives. Such review shall be in accordance with the provisions set forth at RCW 49.60.260. D. Court Enforcement of Orders. The City of Tacoma may petition the Superior Court of Washington for Pierce County for enforcement of any order of the Hearing Examiner which has not been complied with during the 30-day period of performance prescribed in such order. The Commission, through the City Attorney or the City Attorney's designee, shall certify and file in Superior Court the findings of fact and final order sought to be enforced. Within five days after filing such petition in Court, the Commission shall cause a notice of the petition to be personally served upon all parties or their representatives. Such review shall be in accordance with the provisions set forth at RCW 49.60.260.

(Ord. 27092 § 9; passed Jun. 10, 2003: Ord. 25580 § 2; passed Sept. 20, 1994: Ord. 25474 § 4; passed Apr. 12, 1994: Ord. 25352 § 1; passed Aug. 31, 1993)

1.29.160 Election for civil action in lieu of hearing for housing cases. back to top

A. Any charging party on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to unlawful discriminatory housing practices pursuant to Sections 1.29.100 through 1.29.150 hereof, elect to have the claims on which reasonable cause was found decided in a civil action in Pierce County Superior Court in lieu of an administrative hearing under Section 1.29.150. This election must be made not later than 20 days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the Commission and to all other charging parties and respondents to whom the charge relates. Any reasonable cause finding issued by the Commission pursuant to the procedures contained in this chapter shall become final 20 days after service of the reasonable cause finding, unless a written notice of election is received by the Commission within the 20- day period.

B. If an election is made under subsection A of this section, the Commission shall authorize, and the City Attorney shall commence, a civil action on behalf of the aggrieved person in the Pierce County Superior Court, not later than 30 days after the election is made, seeking relief under Chapter 1.29.

C. Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.

D. In a civil action under this section, if the court finds that an unlawful discriminatory housing practice has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such anunlawful discriminatory housing practice in a civil action under state law and as provided by the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.) If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.

E. In any administrative proceeding under this section where the respondent is the prevailing party, a charging party who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.

F. In any administrative proceeding brought under Section 1.29.150 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the Commission, reasonable attorneys' fees and costs. (Ord. 27092 § 10; passed Jun. 10, 2003: Ord. 25580 § 3; passed Sept. 20, 1994: Ord. 25474 § 5; passed Apr. 12, 1994)

1.29.170 Enforcement of fair housing provisions by private persons. back to top

A. With respect to discriminatory housing practices, an aggrieved person may commence a civil action in Pierce County Superior Court not later than one year after the occurrence or the termination of an alleged discriminatory housing practice, whichever occurs last, to obtain appropriate relief. An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Section 1.29.150 hereof and without regard to the status of any such complaint, but if the Commission or HUD has obtained a prefinding or postfinding settlement or conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such agreement.

B. The computation of such one-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter based upon such discriminatory housing practice.

C. An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a complaint if a hearing on the complaint has been convened by the City of Tacoma Hearing Examiner.

D. In a civil action under subsection A hereof, if the court finds that a discriminatory practice has occurred oris about to occur, the court may order remedies as allowed by the Federal Fair Housing Amendments Act of 1988, at 42 USC Sec. 3613(c) and, subject to the restrictions of subsection E below, may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including any order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate). The court may also allow reasonable attorneys' fees and costs to the prevailing party.

E. Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Director or a civil action under this chapter.

G. Upon timely application, the City Attorney, or his or her designee, may intervene in such civil action, if the City Attorney, or his or her designee, certifies that the case is of general public importance. (Ord. 27092 § 11; passed Jun. 10, 2003: Ord. 25474 § 6; passed Apr. 12, 1994)