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)
1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such single-family houses at any one time.
b. In the sale of any single-family house, the private individual owner does not reside in, nor is the most recent resident of such house prior to such sale; the exemption granted by this subsection shall apply to only one such sale within a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under express of voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person.
e. There is no publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection 8-5-2C of this chapter. Nothing in this subsection prohibits the utilization of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as agent, other than in the sale of the person's own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a 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 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, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity. 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 lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this chapter regarding familial status or age apply with respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years of age or older.
c. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commission shall develop regulations which require at least the following factors:
(1) That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older persons by reason of:
a. Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of subsection D2b or D2c of this section; provided, that new occupants of such housing meet the age requirements of subsection D2b or D2c of this section.
b. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsection D2b or D2c of this section.
4. Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in the controlled substances act (21 USC 802) or a violation of the controlled substances chapter of the Iowa Code 1 . (Ord. 31-16, 6-20-2016, eff. 7-1-2016)
Notes
| 1 | 1. IC ch. 124. |
A. In General: It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity.
B. Definition: As used in this section, the term "residential real estate related transaction" means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling.
b. Secured by residential real estate.
2. The selling, brokering, or appraising of residential real property.
C. Appraisal Exemption: Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity. (Ord. 18-09, 4-6-2009)
It shall be unlawful to deny any person access to or membership or participation in any multiple listing services, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity. (Ord. 18-09, 4-6-2009)
A. Complaints And Answers:
1. An aggrieved person may, not later than three hundred (300) days after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging such discriminatory housing practice. The commission, on the commission's own initiative, a commissioner, or the city attorney's office may also file such a complaint.
2. Such complaints shall be in writing and shall contain such information and be in such form as the commission requires.
3. The commission may also investigate housing practices to determine whether a complaint should be brought under this section.
4. Upon the filing of such a complaint:
a. The commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this chapter;
b. The commission shall, not later than ten (10) days after such filing or the identification of an additional respondent under subsection A7 of this section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this chapter, together with a copy of the original complaint;
c. Each respondent may file, not later than ten (10) days after receipt of notice from the commission, an answer to such complaint; and
d. The commission shall make an investigation of the alleged discriminatory housing practice and complete such investigation within one hundred (100) days after the filing of the complaint unless it is impracticable to do so.
5. If the commission is unable to complete the investigation within one hundred (100) days after the filing of the complaint, the commission shall notify the complainant and respondent in writing of the reasons for not doing so.
6. Complaints and answers shall be under oath or affirmation and may be reasonably and fairly amended at any time.
7. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice. Such notice, in addition to meeting the requirements of subsection A of this section, shall explain the basis for the commission's belief that the person to whom the notice is addressed is properly joined as a respondent.
B. Investigative Report And Conciliation:
1. Beginning with the filing of a complaint, the commission shall, to the extent feasible, engage in conciliation with respect to such complaint.
2. A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the commission.
3. A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
4. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter.
5. a. At the end of each investigation under this section, the commission shall prepare a final investigative report containing:
(1) The names and dates of contacts with witnesses.
(2) A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent.
(3) A summary description of other pertinent records.
(4) A summary of witness statements.
(5) Answers to interrogatories.
b. A final report under this subsection may be amended if additional evidence is later discovered.
C. Failure To Comply With Conciliation Agreement: Whenever the commission has probable cause to believe that a respondent has breached a conciliation agreement, the commission shall refer the matter to the city attorney's office with a recommendation that a civil action be filed for the enforcement of such agreement.
D. Prohibitions And Requirements With Respect To Disclosure Of Information:
1. Nothing said or done in the course of conciliation under this chapter may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned.
2. Notwithstanding subsection D1 of this section, the commission shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the commission's investigation, information derived from an investigation and any final investigative report relating to that investigation.
E. Prompt Judicial Action: If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the city attorney's office shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Iowa rules of civil procedure. The commencement of a civil action under this subsection does not affect the initiation of continuation of administrative proceedings under this chapter. (Ord. 18-09, 4-6-2009)
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