The governing body of the city hereby declares it to be the public policy of the city to eliminate discrimination and safeguard the right of any person to see, purchase, lease, rent, finance or obtain funding of real property without regard to race, color, sex, religion, national origin or ancestry.
(Ord. 436, Sec. 1)
(a) Financial Institution - Any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.
(b) Housing Accommodations - Any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons. Housing Accommodations shall not mean or include:
(1) The rental of a dwelling, or portion thereof, containing accommodations for no more than five families, one of which is occupied by the owner or his or her family at the time of the rental.
(2) The rental of rooms in a one-family dwelling to another person or person by the owner or occupant of such accommodation in which he, she or members of his or her family reside.
(c) Owner -- Includes the owner, lessee, sublessee, assignee, manager, agent or other person, firm or corporation, having the right to sell, rent or lease any housing accommodations or real property within the corporate limits of the city.
(d) Person -- One or more individuals, partnerships, or other organizations, corporation, legal representatives, trustees, trustees in bankruptcy and receivers.
(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) Real Property -- Include all real estate, leaseholds, and any vacant land offered for sale or rent.
(g) Unlawful Discriminatory Housing Practice -- Any discrimination or segregation or separation against any person or group of person because of race, color, sex, religion, national origin or ancestry and shall include only those unlawful practices and acts as set forth in section 5-303.
(Ord. 436, Sec. 2)
It shall be an unlawful discriminatory housing practice:
(a) For the owner, real estate broker, real estate salesman or employees or agent 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 person who has shown the financial ability to satisfy the terms and conditions of a sale, rental, assignment, lease or sublease of the 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 such person.
(2) To discriminate against any person because of his or her 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 of portion thereof or in the furnishing of facilities or 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.
(b) For any person or financial institute 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 against any person because of the race, sex, color, religion, national origin or ancestry of such person or of prospective occupants or tenants of such 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 connection therewith; or
(2) To use any form of application for such financial assistance or to make any record or inquiry in connection with application for such financial assistance.
(Ord. 436, Sec. 3)
Nothing in this article 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 organization, association or society, from limiting the sale, rentals, 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 cub 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 lodgings to its members or, from giving preference to its members.
(Ord. 436, Sec. 5)
(a) There is hereby created a Fair Housing Board whose membership shall consist of five members, one of whom shall hold office for one year, two for two years and two for three years. All subsequent terms upon expiration of the original appointment shall be for a three-year term. The appointment of the members shall be made by the mayor of the city with the consent of the governing body. Roberts Rules of Order shall govern the conduct of the meeting of the board.
(b) Every complaint of a violation of this article shall be referred to the Fair Housing Board. The Fair Housing Board shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the Fair Housing Board, after investigation, finds there is no merit to the complaint, the same shall be dismissed. If the Fair Housing Board will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
(c) If the Fair Housing Board is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event the Fair Housing Board shall forward the complaint to the city attorney for handling. The final determination of whether or not to prosecute on the complaint shall be left to the city attorney.
(Ord. 436, Sec. 5)
(a) Any person violating any of the provisions of this article shall be deemed guilty of a code violation and upon conviction thereof may be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both so fined and imprisoned.
(b) Any person making false, malicious or unfounded accusations against any person under oath and under the provisions of this article shall be deemed guilty of a code violation and upon conviction thereof may be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both so fined and imprisoned.
(Ord. 436, Sec. 6)