CHAPTER 90: FAIR HOUSING

Section
General Provisions
90.01 Definitions
90.02 Exemptions and exclusions

Unlawful Acts
90.15 Discrimination in sale or rental of housing
90.16 Discrimination in financing of housing
90.17 Discrimination in brokerage services
90.18 Unlawful intimidation

Administration and Enforcement
90.30 Fair Housing Administrator
90.31 Complaints
90.32 Investigation
90.33 Legal effect cumulative; remedies not exclusive
90.34 Cooperation with federal authorities
90.35 Public education and information
90.36 Failure to comply

90.99 Penalty

GENERAL PROVISIONS

§ 90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 90.15, 90.16, or
90.17 of this code.

DWELLING. Any building, structure, or portion thereof which is occupied as, or designed and
intended for occupancy as, a residence by one or more families, or any vacant land which is offered for
sale or lease for the construction or location thereon of any building, structure, or portion thereof.

FAMILY. Includes a single individual.

PERSON. One or more individual corporations, partnerships, associations, labor organizations, legal
representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character.

TO RENT. To lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy
premises not owned by the occupant.
(Prior Code, § 8-102)

§ 90.02 EXEMPTIONS AND EXCLUSIONS.
(A) There shall be exempted from the application of § 90.15 of this code, all transactions involving:

(1) The rental of 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 those units as his or her residence;

(2) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering that room for rental actually maintains and occupies the remainder of the dwelling as his or her residence and not more than four of this type of rooms are offered; or

(3) The sale or rental of any single house by a private individual who owns that house, provided that:

(a) The sale or rental is made without the use in any manner of the sales or rental services of any real estate broker, agent, or salesperson, or of the facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any broker, agent, salesperson, or person;

(b) The sale is made without the publication, posting, or mailing of any advertisement or written notice in violation of § 90.15(C) of this code. This shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title;

(c) The owner does not own more than three single-family houses at the time of the sale;

(d) The owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three single-family houses at any one time; and

(e) If the owner does not reside in the house at the time of sale or was not the most recent resident of the house prior to the sale, the exemption granted by this division shall apply only with respect to one sale of this type within any 24-month period.

(B) Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious association or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such a person, unless membership in that religion is restricted on account of race, color, sex, or national origin.

(C) Nothing in this chapter shall prohibit a bona fide private club, not in fact open to the public, which, as an incident to its primary purpose, provides lodging which 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.

(D) Nothing in this chapter shall bar any person from owning and operating a housing accommodation
in which a room or rooms are leased, subleased, or rented only to persons of the same sex, when that
housing accommodation contains common lavatory, kitchen, or similar facilities available for the use of
all persons occupying that housing accommodation.
(Prior Code, § 8-104)

UNLAWFUL ACTS

§ 90.15 DISCRIMINATION IN SALE OR RENTAL OF HOUSING.
Except as exempted by § 90.02 of this code, it shall be unlawful for any person to:

(A) Refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, sex,
religion, or national origin;

(B) 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, sex, religion, or national origin;

(C) Make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation, or
discrimination based on race, color, sex, religion, or national origin, or any intention to make any
preference, limitation, or discrimination based on race, color, sex, religion, or national origin, or any
intention to make any preference, limitation, or discrimination;

(D) Represent to any person because of race, color, sex, religion, or national origin that any dwelling is not available for inspection, sale, or rental when that dwelling is in fact so available;

(E) For profit or with the hope or expectation of profit, 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 person or persons of a particular race, color, sex, religion, or national origin; or

(F) For profit or with the hope or expectation of profit to influence, by any words, acts, or failure to
act, any seller, purchaser, landlord, or tenant of a dwelling so as to promote the maintenance of racially
segregated housing or so as to retard, obstruct, or discourage racially integrated housing.
(Prior Code, § 8-106) Penalty, see § 90.99

§ 90.16 DISCRIMINATION IN 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 of the making of commercial or residential 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 any person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of this type of loan or other financial assistance, because of:

(A) The race, color, sex, religion, or national origin of that person or of any person associated with
him or her in connection with that loan or other financial assistance; or

(B) The race, color, sex, religion, or national origin of the present or prospective owners, lessees,
tenants, or occupants of the dwelling or dwellings for which that loan or other financial assistance is to be made or given.
(Prior Code, § 8-107) Penalty, see § 90.99

§ 90.17 DISCRIMINATION IN BROKERAGE SERVICES.
It shall be unlawful for any person to deny 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 in the terms or conditions of this type of access, membership, or participation, on account of race, color, sex, religion, or national origin.
(Prior Code, § 8-108) Penalty, see § 90.99

§ 90.18 UNLAWFUL INTIMIDATION.
It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise penalize any individual, group, or business because he, she, or it has complied with the provisions of this chapter, exercised rights under this chapter, or enjoyed the benefits of this chapter, or because he, she, or it has made a charge, testified, or assisted in any manner in any investigation or proceeding hereunder, or has made any report to the administrator.
(Prior Code, § 8-112) Penalty, see § 90.99

ADMINISTRATION AND ENFORCEMENT

§ 90.30 FAIR HOUSING ADMINISTRATOR.
The Mayor shall appoint an employee of the city as a fair housing administrator (referred to in this chapter as the “administrator”), who shall have the responsibility for implementing this chapter. The administrator may delegate his or her authority to investigate and conciliate complaints to other city employees under his or her direction.
(Prior Code, § 8-105)

§ 90.31 COMPLAINTS.
(A) Only the person who claims to have been injured by a discriminatory housing practice who believes he or she will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereinafter referred to as the “person aggrieved”) may file a complaint with the administrator. These complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a
discriminatory housing practice are based. The administrator shall prepare complaint forms and furnish
them without charge to any person, upon request.

(B) If at any time the administrator shall receive or discover credible evidence and shall have probable
cause to believe that any person or persons have committed or are committing a discriminatory housing
practice as to which no complaint has been filed, the administrator may prepare and file a complaint upon his or her own motion and in his or her own name, and this complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

(C) The administrator shall receive and accept notification and referral complaints from the U.S.
Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Pub. L. No. 90-284, and shall treat those complaints hereunder in the same manner as complaints filed pursuant to division (A) of this section.

(D) All complaints shall be filed within 60 days following the occurrence of an alleged discriminatory
housing practice. Upon the filing referral of any complaint, the administrator shall provide notice of the
complaint by furnishing a copy of that complaint to the person named therein who allegedly committed
or was threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within 15 days of receipt of the written complaint.

(E) All complaints and answers under this chapter shall be subscribed and sworn to before an officer
authorized to administer oaths.
(Prior Code, § 8-109)

§ 90.32 INVESTIGATION.
(A) Upon the filing or referral of a complaint as provided in this chapter, the administrator shall cause
to be made a prompt and full investigation of the matter stated in the complaint.

(B) During or after the investigation, but subsequent to the mailing of the notice of complaint, the
administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to
occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the
discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this chapter. Nothing said or done in the course of these informal endeavors may be made public by the administrator, by the complainant, or by any other party to the proceedings without the written consent of all persons concerned.

(C) Upon completion of the investigation and informal endeavors at conciliation by the administrator,
but within 30 days of the filing of the complaint with the administrator, if the efforts of the administrator
to secure voluntary compliance have been unsuccessful, and if the administrator has made a determination that a discriminatory housing practice has in fact occurred, the administrator shall recommend to the City Attorney that those violations be prosecuted in the Municipal Court. With these recommendations, the administrator shall refer the entire file to the City Attorney. The City Attorney shall, within 30 days after this referral, make a determination as to whether to proceed with prosecution of the complaint in the Municipal Court. If the City Attorney determines to prosecute, he or she shall institute a complaint and prosecute same to conclusion within 30 days after that determination or as soon thereafter as practicable.
(Prior Code, § 8-110) Penalty, see § 90.99

§ 90.33 LEGAL EFFECT CUMULATIVE; REMEDIES NOT EXCLUSIVE.
This chapter is cumulative in its legal effect and is not in lieu of any other legal remedies which the person aggrieved may pursue.
(Prior Code, § 8-111) Penalty, see § 90.99

§ 90.34 COOPERATION WITH FEDERAL AUTHORITIES.
The administrator and the City Attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of Title VII, Fair Housing Act of 1968, Pub. L. No. 90-284, and may render the service to the Secretary as they shall deem appropriate to further the policies of this chapter.
(Prior Code, § 8-113)

§ 90.35 PUBLIC EDUCATION AND INFORMATION.
In order to further the objectives of this chapter, the administrator may conduct educational and public
information programs.
(Prior Code, § 8-114) (Ord. 17-62, passed - - )

§ 90.36 FAILURE TO COMPLY.
Failure to comply with this chapter is declared as an offense or misdemeanor against the city.
(Prior Code, § 8-115) Penalty, see § 90.99

§ 90.99 PENALTY.
(A) A violation of any provision of this chapter shall be punished as provided in § 10.99 of this code.
(Prior Code, § 8-115)

(B) Any person violating any provision of this chapter shall be guilty of a class C misdemeanor, and upon conviction shall be fined a sum not to exceed $200 for each violation. Each day a violation continues after passage of 75 days from the date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense. Any person violating any provision of this chapter may be enjoined by a suit filed by the city in a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.
(Prior Code, § 8-103)