CHAPTER 5
FAIR HOUSING
FAIR HOUSING
SECTION:
8-5-1: Definitions
8-5-2: Prohibitions
8-5-3: Exemptions
8-5-4: Discrimination In Residential Real Estate Related Transactions
8-5-5: Discrimination In Provision Of Brokerage Services
8-5-6: Administrative Enforcement; Preliminary Matters
8-5-7: Probable Cause Determination And Effect
8-5-8: Subpoenas; Giving Of Evidence
8-5-9: Enforcement By Commission
8-5-10: Review By Commission; Service Of Final Order
8-5-11: Judicial Review
8-5-12: Enforcement By Private Persons
8-5-13: Enforcement By City Attorney's Office
8-5-14: Cooperation With State And Federal Agencies
8-5-15: Interference, Coercion Or Intimidation; Enforcement By Civil Action
8-5-16: Violations; Bodily Injury; Death; Penalties
8-5-17: Disclaimer Of Preemptive Effect
As used in this chapter:
AGGRIEVED PERSON: Any person who:
A. Claims to have been injured by discriminatory housing practice.
B. Believes that such person will be injured by a discriminatory housing practice that is about to occur.
COMPLAINANT: The person who files a complaint under section 8-5-6 of this chapter.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.
CONCILIATION AGREEMENT: A written agreement setting forth the resolution of the issues in conciliation.
DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
FAMILY: A single individual.
PERSON: An individual, corporation, partnership, association, labor organization, legal representative, mutual company, joint stock company, trust, unincorporated organizations, trustees, trustee in cases under title 11 of the United States code, receiver, fiduciary, or any other legal entity.
PREVAILING PARTY: The same as such term has in section 722 of the revised statutes of the United States (42 USC 1988).
RESPONDENT: A. The person or other entity accused in a complaint of an unfair housing practice.
B. Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under subsection 8-5-6A of this chapter.
SECRETARY: The U.S. secretary of housing and urban development.
STATE: The state of Iowa and any of its political subdivisions.
TO RENT: To lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant. (Ord. 18-09, 4-6-2009)
It shall be unlawful:
A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity.
B. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity.
C. 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 based on race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity, or an intention to make any such preference, limitation, or discrimination.
D. To represent to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
E. 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 disabled persons of a particular race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity.
F. 1. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
a. That buyer or renter.
b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available.
c. Any person associated with that buyer or renter.
2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with such dwelling, because of a disability of:
a. That person.
b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available.
c. Any person associated with that person.
3. For purposes of this subsection, discrimination includes:
a. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter, agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
b. A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
c. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
(1) The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons.
(2) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs.
(3) All premises within such dwellings contain the following features of adaptive design:
(A) An accessible route into and through the dwelling.
(B) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
(C) Reinforcements in bathroom walls to allow later installation of grab bars.
(D) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
4. Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and usability for physically disabled persons (commonly cited as ANSI A117.1) suffices to satisfy the requirements of subsection F3c(3) of this section.
5. As used in this subsection, the term "covered multi-family dwellings" means:
a. Buildings consisting of four (4) or more units if such buildings have one or more elevators.
b. Ground floor units in other buildings consisting of four (4) or more units.
6. Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (Ord. 18-09, 4-6-2009)
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