Loading...
628.02   DEFINITIONS.
   For the purposes of this chapter:
   (a)   “Family” means a single person and a group of people related by affinity, consanguinity or adoption.
   (b)   “Person” means one or more natural persons, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee or lending institution.
   (c)   “Real property” means any building, structure or portion thereof which is used, intended to be used or occupied as a home, residence, sleeping place of one or more persons, place of business or office, or any vacant land offered for the construction or location thereon of any such building, structure or portion thereof.
   (d)   “Unfair real property practice” means any act prohibited by Section 628.03.
(Ord. 21-69. Passed 4-28-69.)
628.03   PROHIBITED ACTS.
   (a)   No person shall:
      (1)   After any real property has been offered for sale, rental or lease, refuse to sell, transfer, assign, rent or lease the same after the making of a bona fide offer therefor, or refuse to negotiate for the sale, transfer, assignment, rental or lease of, or otherwise make unavailable or deny, a dwelling to any person, because of race, color, religion, sex, national origin or ancestry.
      (2)   Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin or ancestry.
      (3)   Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale, rental or lease of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, national origin or ancestry, or an intention to make any such preference, limitation or discrimination.
      (4)   Represent to any person, because of race, color, religion, sex, national origin or ancestry, that any dwelling is not available for inspection, sale, rental or lease, when such dwelling is in fact so available.
      (5)   For profit, induce or attempt to induce any person to sell, rent or lease 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 or ancestry.
      (6)   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 discriminate against him or her 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 or ancestry of such person or of any person associated with him or her 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.
   (b)   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for each subsequent offense.
(Ord. 59-74. Passed 7-15-74.)
628.04   LIMITATIONS.
   (a)   Nothing in this chapter shall require an order to offer property to the public at large before selling, renting or leasing it, nor shall this chapter be deemed to prohibit owners from giving preference to prospective tenants, lessees or buyers for any reason other than religion, race, color, sex, national origin or ancestry.
   (b)   Nothing in this chapter shall require an order to offer property for sale, lease or rental to any person if the owner has any reason to believe that such person is not negotiating for the purchase, rental or lease of such property in good faith.
   (c)   Nothing in this chapter shall bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination with regard to occupancy, lease, sale or purchase of housing, or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. This chapter shall not apply to the rental of any rooms or 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 such living quarters as his or her residence.
(Ord. 59-74. Passed 7-15-74.)
628.05   FILING A COMPLAINT; AUTHORITY OF MUNICIPAL ATTORNEY.
   (a)   Any person aggrieved in any manner by an unfair real property practice may file a written complaint setting forth his or her grievance with the Municipal Attorney. Such complaint shall state the name and address of the complainant and of the person or persons against whom the complaint is brought and shall also state the alleged facts surrounding the alleged unfair real property practice.
   (b)   Upon the filing of any complaint, the Municipal Attorney shall make a prompt investigation in connection therewith. The Municipal Attorney may, on his or her own initiative, conduct such an investigation of any alleged unfair real property practice without the necessity of a written complaint having been filed. This investigation shall be conducted within the discretion of the Municipal Attorney, and he or she need make a formal report. If he or she determines after such investigation that no probable cause exists in connection with the alleged unfair real property practice, he or she shall so advise the complainant in writing. If he or she determines after such investigation that probable cause exists in connection with the alleged unfair real property practice, he or she shall immediately endeavor to eliminate the alleged practice by conference, conciliation and persuasion. In case of failure to eliminate such practice, the Municipal Attorney, if in his or her judgment circumstances so warrant, shall instruct the complainant to execute the appropriate affidavit charging the alleged offender with the alleged violation of this chapter, and shall instruct the complainant to file the affidavit with the clerk of the court having competent jurisdiction. Nothing in this section shall be construed as prohibiting the Municipal Attorney from executing and filing the affidavit himself or herself.
   (c)   The clerk of the court of competent jurisdiction shall not accept for filing any affidavit alleging any violation of this chapter unless the Municipal Attorney has approved in writing the filing thereof.
(Ord. 21-69. Passed 4-28-69.)
628.06   TIME LIMIT TO FILE COMPLAINT.
   Any complaint filed hereunder with the Municipal Attorney must be filed within 30 days after the alleged discriminatory practice occurred or it shall be barred.
(Ord. 21-69. Passed 4-28-69.)