Sec. 11-51. Definitions. back to top
The following definitions shall apply in this article:
Conciliation agreement: A written agreement or statement setting forth the terms of an agreement mutually signed and subscribed to by both complainant(s) and respondent(s) and witnessed by a duly authorized enforcing agent.
Conciliation failure: Any failure to obtain a conciliation agreement between the parties to a discrimination charge or a breach thereof.
Discrimination: Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap or familial status or the aiding, abetting, inciting, coercing or compelling thereof.
Dwelling: Any building, structure or portion thereof which is occupied as a residence by one (1) or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
Fair housing officer: The individual designated to carry out any or all duties, obligations, rights or powers under the provisions of this article.
Lending institution: Any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker and any person in the business of buying or selling loans or instruments for the payment of money, any of which are secured by title to mortgage, assignment of beneficial interest or security interest in real property.
Owner: Any person who holds legal or equitable title to, or owns any beneficial interest in any real property, or who holds legal or equitable title to shares of, or holds any beneficial interest in any real estate cooperative which owns any real property.
Real estate broker or real estate salesman: Any individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds himself out as engaging in such activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrances upon a transfer of real estate, or who is engaged in the business of charging an advance or contracting for collection of a fee in connection with a contract whereby he/she undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication issued primarily for such purpose, or an individual employed by or acting on behalf of any of these.
Real estate operator: Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entity, the city or county or any of its agencies or any owner of real property that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options, or that derives income in whole or in part, from the sale, purchase, exchange, rental or lease of real estate, or an individual employed by or acting on behalf of any of these.
To rent: To lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.
(Ord. No. H-536, § 2(A--J), 3-19-79; Ord. No. K-302, § 1, 4-17-89)
Sec. 11-52. Declaration of policy. back to top
(a) It is hereby declared to be the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to race, color, religion, national origin, sex, handicap or familial status and this article shall commonly be referred to as the "fair housing ordinance" for the city.
(b) It is further declared that this policy is grounded upon a recognition of the right of every person to have access to adequate housing of his choice without regard to race, color, religion, national origin, sex, handicap or familial status; and further, that the denial of such right through considerations based on race, color, religion, national origin, sex, handicap or familial status is detrimental to the health, safety, morals and welfare of the community and its inhabitants and constitutes an unjust denial or deprivation of such rights which is within the power and responsibility of government to prevent.
(Ord. No. H-536, § 1, 3-19-79; Ord. No. K-302, § 1, 4-17-89)
Sec. 11-53. Other remedies. back to top
Nothing in this article shall be construed as an administrative prerequisite to a citizen pursuing his or her rights under any other federal, state or local statute, case decision or administrative ruling. Complaints may be filed at any time with the U.S. Department of Housing and Urban Development within one hundred eighty (180) days of the alleged discriminatory act.
(Ord. No. H-536, § 6, 3-19-79)
Sec. 11-54. Fair housing officer generally. back to top
(a) The city manager shall designate a competent person as fair housing officer who shall have the responsibility for implementing this article.
(b) The city manager shall provide the fair housing officer sufficient staff support to perform his duties as required.
(Ord. No. H-536, §§ 2, 5, 3-19-79)
Sec. 11-55. Enforcement procedures. back to top
(a) Filing complaint. Any person claiming to be aggrieved by a violation of this article may, within sixty (60) days of the alleged violation, file a written complaint (notarized if possible) with the fair housing officer. The complaint shall contain the name of the alleged violators, or set forth facts sufficient to identify such persons and include an outline of the material facts upon which the complaint is based and the date of the alleged violation. Proper forms will be provided by the fair housing officer.
(b) Answer to complaint; inquiry by officer. The fair housing officer shall furnish a copy of the complaint to the persons against whom the complaint is made by certified mail, return receipt requested. Upon receipt of the complaint, the respondents may file an answer to the complaint within thirty (30) days of the receipt thereof. With leave from the fair housing officer, the complainants may amend their complaint at any time up until ten (10) days prior to the date set for hearing; and the respondents may amend their answer at any time before a hearing set by the fair housing officer. Within thirty (30) days of the service of the complaint upon the respondents, the fair housing officer shall conduct an inquiry to determine if there is sufficient data to substantiate the complaint. During the course of an inquiry being conducted as a result of a complaint filed under this article, the fair housing officer may at any reasonable time request voluntary access to premises, records and documents relevant to the complaint and may request the right to examine, photograph and copy evidence. If the fair housing officer is denied access to such records or premises, he/she may provide the necessary information concerning such matters to the city attorney who, in turn, may obtain subpoenas or search warrants relative to possible misdemeanor violations of this article. All such discovery measures, however, shall be subject to the Fourth Amendment relating to unreasonable searches and seizures.
(c) Appeals. If it is determined that there is insufficient data, the complainants will be advised of the finding and the right to file an appeal with the fair housing board, which board shall consist of seven (7) members, who shall be appointed by the board of directors, with four (4) members of said board representing each of the four (4) city wards and three (3) members being appointed from the city at large. Upon receiving notice of the appeal, the fair housing board shall hear and review the matter and any other information relative thereto and render its decision thereon. Should any parties not be satisfied with the decision of said board, they shall be advised of the right to file a complaint under any other federal, state or local statute. U.S. Department of Housing and Urban Development Form 903 may be obtained from the fair housing officer for filing complaints with said department.
(d) Correction of violation. If the fair housing officer determines that there is substantial data to support the complaint, an effort to eliminate the violation shall be made by conference, conciliation and persuasion. The fair housing officer is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining persons made whole to the extent possible. If such an agreement is reached, it will be signed by the fair housing officer, the complainants and the persons charged. It will not be necessary for any conciliation agreement to contain a declaration or finding that a violation has in fact occurred.
(e) Dismissal of complaint or action by city attorney. If the fair housing officer determines that the persons charged have not engaged in an unlawful practice, he shall state his findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainants, the persons charged, the city attorney, and such other public officials, officers and persons as deemed proper. The complainants will be advised of the right to file an appeal with the city manager within fifteen (15) days or to file a complaint under other federal, state or local statute. If the fair housing officer shall fail by conciliation to accomplish the elimination of the alleged unlawful discriminatory practice, the complaints and all records and findings relating thereto shall be turned over to the city attorney for appropriate action to secure enforcement of this article. The city attorney shall institute a misdemeanor proceeding in the municipal court unless such attorney shall determine that such proceeding could not lawfully be sustained.
(f) Conciliation, etc. Affirmative action negotiated through conciliation and under this section may include, but not be limited to:
(1) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the persons charged.
(2) Reporting as to the manner of compliance.
(3) Posting notices in conspicuous places in the place of business of the persons charged in a form prescribed by the fair housing officer.
(4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual.
The provisions for conciliation and affirmative action shall not preclude or in any way impair the enforcement provisions of this article.
(Ord. No. H-536, § 5, 3-19-79; Ord. No. H-545, § 1, 5-21-79)
Sec. 11-56. Prohibited acts. back to top
(a) Generally. It shall be unlawful for any person:
(1) To refuse to sell or rent 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 to any person because of race, color, religion, sex, national origin, handicap or familial status.
(2) To 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 therewith, because of race, color, religion, sex, national origin, handicap or familial status.
(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 that indicates any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make such preference, limitation or discrimination.
(4) To represent to any person because of race, color, religion, sex, national origin, handicap or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, handicap or familial status.
(6) To deny any person 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, 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, handicap or familial status.
(b) Discrimination in the financing of housing. It shall be unlawful 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 a person applying therefor 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 loan or other financial assistance, because of the race, color, religion [sex], national origin, handicap or familial status of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such 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 such loan or other financial assistance is to be made or given.
(c) Conspiracy to violate article. It shall be an unlawful practice for a person, or for two (2) or more persons, to conspire:
(1) To retaliate or discriminate in any manner against a person because he or she has opposed a practice declared unlawful by this article, or because he or she has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this article.
(2) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this article.
(3) To obstruct or prevent a person from complying with the provisions of this article or any order issued hereunder.
(4) To resist, prevent, impede or interfere with the enforcing agents in the lawful performance of their duty under this article.
(Ord. No. H-536, § 3, 3-19-79; Ord. No. K-302, § 1, 4-17-89)
State law references: Revocation of license of real estate broker or salesman, Ark. Stats. § 71-1307.
Sec. 11-57. Permitted acts generally. back to top
The following acts are not covered by this article, but are covered by the 1866 Civil Rights Act when discrimination based on race occurs in connection therewith:
(1) The sale or rental of single-family houses owned by a private individual owner of three (3) or fewer such single family houses if:
a. A broker is not used.
b. Discriminatory advertising is not used.
c. No more than one house in which the owner was not the most recent resident is sold during any two-year period.
(2) Rentals of rooms or units in owner-occupied dwellings for two (2) to four (4) families, if discriminatory advertising is not used.
(3) Limiting the sale, rental or occupancy of dwellings which a religious organization owns or operates for other than a commercial purpose to persons of the same religion, if membership in that religion is not restricted on account of race, color, national origin, sex, handicap or familial status.
(4) Limiting to its own members the rental or occupancy of lodgings which a private club owns or operates for other than commercial purposes.
(Ord. No. H-536, § 4, 3-19-79; Ord. No. K-302, § 1, 4-17-89)