Loading...
It is an unlawful real estate practice and a violation of this chapter for any real estate broker, salesman, agent, owner, or any other person:
1. To aid, abet, incite, or coerce a person to commit an unlawful real estate practice under this chapter;
2. To purchase, lease, or rent real estate for residential purposes, or authorize and direct one in his or her employment or on his or her behalf to do so, or solicit any other person to do so on his or her behalf for the specific reason and intention of preventing any other person from purchasing, renting, leasing, or occupying such residential real estate by reason of the race, color, religion, sex, age, marital status, physical limitations, source of income, family responsibilities, educational association, sexual orientation, or national origin of such person;
3. To deliberately and knowingly refuse examination of copies of any listing of real property in the City to any person because of race, color, religion, sex, age, marital status, physical limitations, source of income, family responsibilities, educational association, sexual orientation, or national origin;
4. To enter into a listing agreement which prohibits the inspection, sale, lease or occupancy of real property to any person because of race, color, religion, sex, age, marital status, physical limitations, source of income, family responsibilities, educational association, sexual orientation, or national origin;
5. To knowingly and willfully interfere with the performance of a duty or the exercise of a power by the Board or one of its members or representatives;
6. To willfully obstruct or prevent or attempt to obstruct or prevent a person from complying with the provisions of this chapter or an order issued thereunder.
There is created a Fair Housing Board which shall consist of five (5) members as provided in this chapter. All five members of the Board shall be appointed from the community at large and shall be citizens who are willing to expend the time and effort necessary to carry out the duties of the Board. Members shall be appointed by the Mayor subject to the approval of the Council for staggered terms of three (3) years or until a successor is duly appointed and qualified. The Board shall elect one of its members to be its Chairperson. Three (3) members shall constitute a quorum, but the concurrence of the majority of the entire Board (obtained either at a meeting of the Board or in a poll conducted by the Chairperson) shall be necessary for Board action.
The Board shall have and exercise the following duties and powers:
1. To act to eliminate unlawful real estate practices that violate this chapter;
2. To act to assure to persons living, working, or desiring to live in the City the opportunity to purchase, lease, or occupy real property without discrimination because of race, color, religion, age, sex, marital status, physical limitations, source of income, family responsibilities, educational association, sexual orientation, or national origin;
3. To receive and investigate complaints alleging unlawful real estate practices in violation of this chapter;
4. To attempt elimination of unfair real estate practices by conciliation, conference, and/or persuasion;
5. To hold public hearings in the event that its efforts under subsection 4 of this section are ineffective or where it deems that such efforts will be ineffective;
6. To instruct the City Attorney to commence appropriate court action against those the Board has found to be in violation of this chapter;
7. To recommend to the Iowa Real Estate Commission suspension and/or revocation of licenses of real estate brokers in accordance with the requirements of this chapter;
8. To render from time to time, but not less than every twelve (12) months, a written report to the Council of its activities and recommendations with respect to fair real estate practices, which written reports shall be made public after submission to the Council;
9. To exercise such other powers as are vested in the Board by other sections of this chapter and to adopt such rules and regulations as may be necessary to carry out the purposes of this chapter.
1. Any person aggrieved in any manner by any violation of any provision of this chapter may file with the Board a written verified complaint setting forth such grievance. The complaint shall state:
A. The name and address of the complainant;
B. The name and address of the person against whom the complaint is brought, if known to the complainant; and
C. The alleged facts surrounding the alleged violation of this chapter.
D. The names and addresses of all persons believed to have knowledge concerning the alleged facts.
After the filing of any complaint, the Board shall serve a copy of the complaint on the party or parties charged and the Chairperson of the Board shall designate a panel, as defined in this chapter, to make a prompt investigation in connection therewith.
2. If such panel determines after such investigation that probable cause exists for the allegations of the complaint:
A. The Chairperson of the Board shall set a time and date for a conference with the Board; said conference shall be private.
B. At such conference, the Board shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion.
3. If, at any time after date of filing of the complaint, the Board determines that such attempt at conciliation and persuasion would not be in furtherance of the objectives of this chapter, the Board shall proceed promptly to a full hearing on the complaint in accordance with this Section 131.16.
Such hearings shall be conducted by the entire Board or a quorum thereof upon ten days’ notice to all parties. The Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The Board shall have power to administer oaths and to take sworn testimony. The Board shall have the power to subpoena witnesses and pertinent documents, which power may be enforced by the Board by proper petition to the District Court of the County where the complainant resides. The complainant and any party alleged to have violated this chapter shall be entitled to be represented by Counsel and shall have the right to call witnesses on their own behalf and to cross-examine witnesses.
Loading...