CHAPTER VIII. HUMAN RELATIONSCHAPTER VIII. HUMAN RELATIONS\ARTICLE 1. FAIR HOUSING

ARTICLE 1. FAIR HOUSING

It is hereby declared to be the public policy of the city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain financing of real property without regard to race, color, sex, national origin, ancestry or religion.

(Code 1983)

For the purpose of this article the following terms, words and phrases shall have the meaning given herein unless the context otherwise indicates:

(a)   Person. One or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

(b)   Unlawful discriminatory housing practice. Any discrimination or segregation or separation against any person or group of persons because of race, color, sex, national origin, or ancestry and religion, and shall include only those unlawful practices as set forth in sections 8-103 through 8-105.

(c)   Owner. Any person, lessee, sub lessee, assignee manager, agent having the right to sell, rent or lease any housing accommodation or real property within the corporate limits of the city.

(d)   Real estate broker. Any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person.

(e)   Real estate salesman or agent. Any person employed by a real estate broker to perform or to assist in the performance of any or all of the functions of a real estate broker.

(f)    Financial institution. Any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.

(g)   Real property. All real estate, leaseholds and any vacant land offered for sale or rent.

(h)   Housing accommodations.

(1)   Any building or portion thereof, whether already constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons.

(2)   The term “housing accommodation” shall not mean or include:

(A)  The rental of a dwelling or a portion thereof, containing accommodation for not more than two families, one of which is occupied by the owner or his family at the time of rental.

(B)  The rental of less than four rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he or members of his family reside.

(Code 1983)

It shall be an unlawful discriminatory housing practice:

(a)   For the owner, real estate broker, real estate salesman or employees or agents thereof:

(1)   To refuse to sell, rent, assign, lease or sublease; or offer for sale, rental, lease, assignment or sublease; or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental assignment, lease or sublease of said property; or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of the race, color, sex, religion, national origin or ancestry of the person.

(2)   To discriminate against any person because of the person’s race, color, sex, religion, national origin or ancestry in the terms, conditions or privileges of the sale, lease, rental assignment or sublease of any housing accommodations or real property or part or portion thereof; or in the furnishing of facilities of services in connection therewith; or

(3)   To print, publish, circulate, issue, display, post, or mail; or cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign or use any form of application for the purchase, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof which expresses directly or indirectly, any limitation, specification, or discrimination as to race, color, sex, religion, national origin or ancestry; or any intent to make any such limitation, specification or discrimination.

(Ord. 1470)

It shall be an unlawful housing discrimination practice:

(a)   For any persons, financial or loan institution to which application is made for financial assistance for the purchase, acquisition or construction of any housing accommodations or real property or part or portion thereof or any agent or employee thereof:

(1)   To discriminate because of the race, color, sex, religion, national origin or ancestry of any person or prospective occupant or tenant of housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing; or in the fixing of the rates, terms, conditions or provisions of any such financial assistance; in the extension of services in connection therewith; or,

(2)   To use any form of application for financial assistance, or to make any record or inquiry in connection with applications for such financial assistance, or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination.

(b)   For any person, owner, real estate broker, real estate salesman, or agent thereof:

(1)   To discriminate because of the race, color, sex, religion, national origin

or ancestry of any person or prospective occupant or tenant of housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of services in

(2)   To use any form of application for financial assistance to make any record of inquiry in connection with applications for financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, sex, religion, national origin, or ancestry; or any intent to make any such limitation, specification or discrimination.

(Ord. 1470)

It shall be an unlawful discriminatory housing practice for any person, owner, real estate broker, salesman or agent thereof:

(a)   To discriminate or to engage in economic or other reprisals against any person because the person complies with the provisions of this article, or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceedings under this article.

(b)   To aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the provisions of this article; or to obstruct or prevent compliance with the provisions of this article, or to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.

(c)   To induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit, or real property or any part or portion thereof by representing that a change has occurred or will or may occur with respect to the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located; or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, religion, sex, or national origin or color in the area will or may result in:

(1)   The lowering of property values;

(2)   A change in the racial religious, or ethnic composition of the block, neighborhood, or area in which the property is located;

(3)   An increase in criminal or anti-social behavior in the area;

(4)   A decline in the quality of the schools serving the area.

(Code 1983)

Nothing in this article shall prohibit a religious organization, association or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(Ord. 1470)

(a)   Any person claiming to be aggrieved by an unlawful discriminatory housing practice, may on his own behalf or by his attorney make, sign and file with the city clerk a complaint in writing, under oath. The complaint shall state the name and address of the person alleged to have committed an unlawful discriminatory house practice. Further, the complaint shall state the time, place and the specific unlawful discriminatory acts complained of.

(b)   Any complaint filed under this article must be filed within 30 days following the commission of the alleged discriminatory act complained of.

(c)   The complaint shall be filed with the city clerk who shall forward the same to the governing body at its next meeting.

(d)   A certified copy of the complaint shall be sent by certified mail, return receipt requested addressed to the person complained against.

(Code 1983)

(a)   Upon receipt of the complaint the governing body immediately shall cause an investigation to be made. If the investigation reveals there is no merit for the complaint, the complaint shall be dismissed.

(b)   If the investigation discloses reason to believe the complaint justified, the governing body, or its appointed agent, shall attempt to conciliate the complaint and eliminate the discriminatory practice.

(c)   If attempts to conciliate the complaint prove unsuccessful within 30 days following receipt by the governing body, the complaint shall be forwarded to the city attorney to begin legal action.

(Code 1983)