A. Policy Statement: It shall be the policy of the city of Deming, New Mexico, pursuant to the constitutions of the United States of America and the state of New Mexico, and also its power to protect the public health, safety and general welfare of its residents, that all persons, regardless of race, creed, color, religion, gender, ancestry, national origin, handicap, age, lawful source of income, families with children, or gender or marital status of the person maintaining the household, are entitled to fair and equal access to housing. The city does hereby reconfirm its position to encourage and promote fair housing practices for all housing provided by the New Mexico district V housing authority and the Luna County Housing Corporation.
B. Definitions: The following definitions shall apply to this section:
DISCRIMINATORY HOUSING PRACTICE: Any act that is unlawful under subsection C of this section and title 42 USC chapter 45 - fair housing.
DWELLING: Any building or portion thereof, which is designed or used exclusively for residential purposes.
PERSON: An individual, partnership, association, firm, syndicate, company, trust, corporation, department, bureau, agency, or any other entity recognized by law as the subject of rights and duties.
C. Prohibited Acts: It shall be unlawful for any person to do any of the following because of race, creed, color, religion, gender, ancestry, national origin, handicap, age, lawful source of income, families with children, or gender or marital status of the person maintaining the household:
1. Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rent of, or otherwise make unavailable or deny, a dwelling to any person.
2. To 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.
3. To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination.
4. To represent to any person that any dwelling is not available for inspection, sale or rent when such dwelling is in fact so available.
5. For profit, to 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 a person or persons.
6. To discriminate in the sale or rent, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a physical or mental handicap.
If someone has a physical or mental disability, a landlord may not:
a. Refuse to let them make reasonable modifications to a dwelling or common use areas at their expense, if necessary to enable the disabled person to use the dwelling; or
b. Refuse to make reasonable accommodations in rules, policies or practices, if necessary for the disabled person to use the dwelling.
D. Exemptions:
1. Nothing in this section shall prohibit any 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, rental or occupancy of dwellings which it owns or operates, to persons of the same religion or denomination, or from giving preference to such persons.
2. Nothing in this section shall 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 sale, rental or occupancy of such lodgings to its members or from giving preference to its members.
3. Nothing in this section limits the applicability of any reasonable city of Deming restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
4. Nothing in this section shall prohibit discrimination on the basis of age or on the basis of families with children with respect to dwellings designed for the elderly. The provisions of section 807 42 USC 3607 (b)(2) of the federal fair housing act shall apply in this regard.
E. Complaints: Violations of the fair housing act and this fair housing section shall be referred to the New Mexico district V housing authority to act on its behalf within the corporate limits of the city. (Ord. 1070, 3-31-2003)