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It shall be unlawful for any person to:
(a) Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold housing accommodations from any person because of the race, color, religion, sex, familial status, handicap, ancestry, or national origin of any prospective owner, occupant or user of such housing.
(b) Represent to any person because of race, color, religion, sex, familial status, handicap or national origin that any housing is not available for inspection, sale or rental when such housing is in fact so available.
(c) Refuse to lend money whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repairing or maintenance of housing or otherwise withhold financing of any housing from any person because of the race, color, religion, sex, familial status, handicap, ancestry, or national origin of any present or prospective owner, occupant, or user of such housing.
(d) To discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing housing or in furnishing facilities, services, or privileges in connection with the ownership, occupancy or use of housing because of the race, color, religion, sex, familial status, handicap, ancestry, or national origin of any present or prospective owner, occupant or user of such housing.
(e) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, because of the race, color, religion, sex, familial status, handicap, ancestry or national origin of any present or prospective owner, occupant or user of such housing.
(f) Print, publish, or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition, construction, rehabilitation, repair or maintenance of any housing which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, familial status, handicap, ancestry or national origin.
(g) Include in any transfer, rental or lease of any housing, any restrictive covenant which discriminates based upon race, color, religion, sex, familial status, handicap, ancestry, or national origin; provided however, that the inclusion of such a prior existing restrictive covenant in the chain of title shall not be deemed a violation of this provision.
(h) Induce or solicit or attempt to induce or solicit any housing listing, sale, or transaction by representing that a change has occurred or may occur with respect to the race, color, religion, sex, familial status, handicap, ancestry, or national origin of persons in the block, neighborhood, or area in which the housing is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, familial status, handicap, ancestry or national origin in the area will or may have results such as the following:
(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 housing 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.
(i) Discriminate in any manner against any other person because he has opposed any unlawful practice as defined in this section, or because he has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under any provision of this chapter.
(j) Aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with the requirements of this chapter, or any order issued pursuant thereto.
(k) Discourage or attempt to discourage the purchase by a prospective purchaser of any housing by representing that any block, neighborhood, or area, has or might undergo a change with respect to the race, color, religion, sex, familial status, handicap, ancestry or national origin of persons in the block, neighborhood or area.
This section applies to discriminatory housing practices within the territorial limits of the City, and to housing accommodations located within the territorial limits of the City.
Nothing in this chapter 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, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings 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. 103-95. Passed 7-24-95.)
There is hereby created a Fair Housing Board. Such Board shall consist of five members who shall be appointed by the City Manager and one of whom shall be designated as Chairman by the City Manager. The terms of office of each member of the Board shall be for five years, and until his successor shall have taken office, provided, however, that of the members first appointed, one shall be for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years.
Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Three members of the Board shall constitute a quorum for the purpose of conducting the business thereof. A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board. Each member of the Board shall serve without compensation. Any member of the Board may be removed by the City Manager for inefficiency, neglect of duty, excessive absenteeism, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.
(Ord. 103-95. Passed 7-24-95.)
The Board shall have the following functions, powers and duties:
(a) To formulate policies to effectuate the purposes of this chapter and make recommendations to agencies and officers of the City in aid of such policies and purposes.
(b) To establish and maintain its principal headquarters at City Hall.
(c) To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this chapter, and the policies and practice of the Board.
(d) To pass upon complaints alleging violations of this chapter.
(e) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the Board.
(f) To issue such publications and such results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination because of race, color, religion, sex, familial status, ancestry or national origin.
(g) To render each year to the City Manager and to the City Council a full written report of all its activities and its recommendations.
(h) To employ such clerical, stenographic, and investigative help as is necessary to carry out the purposes of this chapter.
(Ord. 103-95. Passed 7-24-95.)
Any person claiming to be aggrieved by a violation of Section 1373.02 may, by himself or with his attorney at law, make, sign and file with the Clerk of Council a written verified complaint which shall state the name and address of the person alleged to have committed the violation complained of and shall set forth the particulars of the alleged violation and such other information as may be required by the Board. Such complaint shall be filed within sixty (60) days after the alleged act of discrimination.
After the filing of any complaint, the Chairman of the Board shall designate a subcommittee of one or more of the members to make a prompt investigation in connection therewith; and if such member or members shall determine, after such investigation, that probable cause exists for creating the allegations of the complaint, the subcommittee shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. The members of the Board shall not disclose what has transpired in the course of such endeavors except to other members of the Board. Members of the City Council and City Manager may be advised upon completion of the proceeding but advice of the Law Director may be sought at any time.
In case of failure to eliminate such practice, or in advance thereof, if in the subcommittee’s judgment circumstances so warrant, the subcommittee shall cause to be issued and served in the name of the Board, a written notice together with a copy of such complaint, upon the person charged with having engaged, or engaging, in an unlawful discriminatory practice, hereinafter referred to as respondent, to answer the charges of such complaint at a hearing before the Board, at a time and place to be specified in such notice. The place of any such hearing shall be the office of the Board or such other place as may be designated by it. The case in support of the complaint shall be presented before the Board by the City Law Director or an assistant. The aforesaid endeavors at conciliation shall not be received in evidence. The respondent may file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. In the discretion of the Board, the complainant may be allowed to intervene and present testimony in person or by counsel. The Board or the complainant shall have the power to reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his answer. The Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and recorded. If, upon all the evidence at the hearing, the Board shall find that a respondent has engaged in any unlawful discriminatory practice as defined in this chapter, the Board shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as may be indicated to effectuate the provisions of this chapter. If, upon all the evidence, the Board shall find that a respondent has not engaged in any such unlawful discriminatory practice, the Board shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing said complaint as to such respondent. A copy of its order shall be delivered in all cases to the Clerk of Council. The Board shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder. Any complaint filed pursuant to this section must be so filed within sixty (60) days after the alleged act of discrimination.
(Ord. 103-95. Passed 7-24-95.)
(a) The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the Civil Rights Law or any other law of this State relating to discrimination because of race, color, religion, sex, familial status, handicap, ancestry or national origin. The procedure herein provided shall, while pending, be exclusive, and the final determination therein shall exclude any other action, civil or criminal, based on the same grievance of the individual concerned. If such individual institutes any action based on such grievance without resorting to the procedure provided int his chapter, he may not subsequently resort to the procedure herein.
(b) If the Board determines that a violation has occurred and if the order of the Board issued pursuant thereto has not been complied with, the Board, the complainant, or any person, may:
(1) Apply to a court of competent jurisdiction for enforcement of the order.
(2) File a criminal charge in the Municipal Court of Conneaut.
In any such action, civil or criminal, the finding of the Board that the respondent has violated a provision of this chapter shall be prima facie proof of such violation and in the absence of abuse of discretion, shall be conclusive proof of such violation.
(Ord. 103-95. Passed 7-24-95.)
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