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It is hereby designated to be the continuing policy of the City to do all things necessary and proper to secure for all of its citizens their right to equal housing opportunities regardless of race, color, creed, sex, marital status, religious belief, national origin or handicap.
(Ord. 2306. Passed 8-20-84.)
As used in this chapter:
(a) “Real estate agent” means any real estate broker, real estate salesman or an agent thereof, or any other person, partnership, association or corporation, who or which, for consideration, sells, purchases, exchanges, rents, negotiates or offers or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself or herself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.
(b) “Board” means the Fair Housing Board established in this chapter.
(c) “Discrimination,” “discriminating,” or “discriminate” means to render any difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of a person's race, color, creed, sex, marital status, religious belief, national origin or handicap.
(d) “Housing” means any building, facility, structure or portion thereof which is used, occupied or intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more persons, groups or families and any vacant land offered for sale or lease for the construction or location of such building, facility or structure.
(e) “Lending institution” means any bank, building and loan association, savings and loan association, insurance company or other person whose business consists in whole or in part in the lending of money or guaranteeing of loans.
(f) “Person” means one or more individuals, corporations, partnerships, associations, firms, enterprises, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers or fiduciaries.
(Ord. 2306. Passed 8-20-84.)
(a) No person or real estate agent shall:
(1) Discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in housing;
(2) Discriminate against any person by refusing to negotiate, or transmit a bona fide offer; making false representations as to the availability of a housing unit for inspection, sale or rental; or withdrawing from the market a housing unit which is for sale, lease, sublease or rental;
(3) Include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing; or
(4) Discriminate in the furnishing of any facilities, repairs, improvements or services to any person or in the terms, conditions, privileges or tenure of occupancy of any person.
(b) No lending institution shall:
(1) Discriminate in lending money, guaranteeing loans, accepting a deed, trust or mortgage or otherwise making funds available for purchasing, constructing, improving, altering, repairing, rehabilitating or maintaining any housing, or discriminate in the fixing of the amount, interest rate, duration or other terms, conditions or provisions of any such financial assistance; or
(2) Discriminate in the lending of money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making funds available on the basis of geographic location.
(c) No person, real estate agent or lending institution, with respect to any prohibited act specified in this chapter, shall publish, circulate or cause to be published or circulated, any notice, statement, listing or advertisement, or announce a policy or make any record in connection with the prospective sale, lease, sublease, rental or financing of any housing which indicates reliance, determination or decision based on race, color, creed, sex, marital status, religious belief, national origin or handicap.
(d) No person or real estate agent shall assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or obstruct or prevent endorsement or compliance with this chapter, or attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
(e) No person, real estate agent or lending institution shall:
(1) Induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person of any particular race, color, creed, sex, marital status, religious belief, national origin or handicap by direct or indirect methods;
(2) Make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to the race, color, creed, sex, marital status, religion, national origin or handicap of such block, neighborhood or area; or
(3) Induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, creed, sex, marital status, religion, national origin or handicap in the block, neighborhood or area will or may result in:
A. The lowering of property values;
B. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located;
C. An increase in criminal or antisocial behavior in the area; or
D. A decline in the quality of the schools serving the area.
(f) No person or real estate agent shall cause, coerce or attempt to cause or coerce retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter, or prevent any person from complying with this chapter.
(g) No person shall deny any person access to, or membership or participation in, any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing, or discriminate against a person in the terms or conditions of such access, membership or participation.
(h) No person shall do any other thing or engage in conduct which would otherwise make unavailable equal housing opportunities.
(Ord. 2306. Passed 8-20-84.)
Every real estate agent shall post in a conspicuous location in that portion of his or her place of business normally used by him or her for negotiating the terms of a sale or lease of housing, and each person who operates a multi-unit residential building containing more than two units shall post at all times when prospective tenants are being interviewed, in a conspicuous location in that portion of his or her housing business normally used by him or her for negotiating the rental of a housing unit therein, a notice prepared by the Fair Housing Board which contains the following language, printed in black on a light-colored background, in not less than fourteen-point type:
“It is a violation of the Fair Housing Law of the City of East Palestine, State of Ohio, for any real estate agent, or for any person owning or managing a multi-unit apartment dwelling, to:
(a) Deny housing to any person because of race, color, creed, sex, marital status, religious belief, national origin or handicap; or
(b) Discriminate against any person because of that person's race, color, creed, sex, marital status, religious belief, national origin or handicap as to the terms, conditions or privileges of housing accommodations or in the furnishing of facilities or services in connection therewith.”
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, CONTACT THE CITY OF EAST PALESTINE FAIR HOUSING BOARD, THE OHIO CIVIL RIGHTS COMMISSION OR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Failure to comply with this section shall constitute a violation of this chapter.
(Ord. 2306. Passed 8-20-84.)
(a) There is hereby established a Fair Housing Board to consist of three members who shall be qualified electors of the City and who shall not hold any elected public office at the Municipal, County, State or Federal level at any time while a member of the Board and who shall not be employed by the City but who may be employed by the County, State or Federal government. Any duly appointed Board member who is a candidate for any public office shall be automatically disqualified from further membership on the Board. The day the Board member files petitions with the County Board of Elections shall be the date of the disqualification. Nothing shall prohibit the Board from consulting and meeting with real estate agents or representatives of lending institutions in matters regarding educational or other programs to further the purpose of this chapter.
(b) The Board members shall be appointed by the Manager. Of the members first appointed, one shall hold office for a term of one year, one for a term of two years and the other for a term of three years. Their successors shall be appointed for terms of three years. The Manager shall fill all vacancies by appointment for the remainder of the unexpired term. The Manager shall be an ex-officio member of the Board. After being duly constituted, a Chairman and Vice-Chairman shall be chosen by the majority of the Board.
(c) The Secretary of the Board shall be appointed by the Manager and may be an employee of the City.
(d) The Manager may recommend to Council the removal of any member of the Board for neglect of duty or malfeasance in office. Council may remove a member of the Board from office by an affirmative vote of at least three-quarters of Council only after having first given to such member a written copy of the charges against him or her and an opportunity to be publicly heard in person or by counsel in his or her own defense. Any such removal shall be final. The procedure of such public hearing and any further provisions regarding removal shall be governed by the then prevailing procedures of the City.
(e) Two members of the Board shall constitute a quorum for the purpose of conducting the business thereof. A vacancy on the Board shall not impair the right of the other members to exercise all the power of the Board.
(f) Each member of the Board shall serve without salary, but shall be paid necessary and actual expenses expended in performing the business of the Board.
(g) To implement the stated policy of this chapter, the Board shall:
(1) Investigate all complaints of unlawful housing practices which are filed with it;
(2) Initiate complaints of unlawful housing practices on the basis of studies carried out by its staff or volunteers authorized by the Board;
(3) Endeavor, by conciliation, to resolve such complaints;
(4) Hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and, in connection therewith, require the production for examination of any books or papers relating to any matter under investigation or in question before the Board;
(5) Recommend to the Manager, when it deems it to be necessary, educational and other programs designed to promote the purpose stated in this chapter;
(6) Adopt rules and procedures for the conduct of its business; and
(7) Do such other acts as may be necessary and proper in order to perform those duties with which it is charged under the terms of this chapter.
(Ord. 2306. Passed 8-20-84.)
(a) Any person subjected to an unlawful housing practice may file with the Fair Housing Board, within 360 days of the alleged violation, a complaint in writing, sworn to or affirmed, which shall state:
(1) The name and address of the person aggrieved;
(2) The name and address of the person against whom the complaint is filed;
(3) A description and the address of the dwelling, which involves the alleged discriminatory housing practice;
(4) A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice; and
(5) Such other information as may be required by the Board.
The complaint may be reasonably and fairly amended. The Board may also corroborate or initiate complaints on the basis of studies carried out by its staff or volunteers authorized by the Board.
(b) Upon the filing of a complaint, the Secretary of the Board shall make such investigations as he or she deems appropriate to ascertain facts and issues. Such investigation shall be conducted within fourteen business days after the filing of the complaint. The investigation may be extended, when deemed necessary, by the Chairman of the Board. If the Secretary determines that there are reasonable grounds to believe a violation has occurred, he or she shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by any member of the Board or its staff, unless the parties agree thereto in writing.
(c) The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Consent agreements shall be signed on behalf of the Board by its Chairman.
(d) The Board is authorized to seek the cooperation and aid of the Ohio Real Estate Commission, the Ohio Civil Rights Commission or the U.S. Department of Housing and Urban Development and any other person or group regarding any matter before the Board.
(e) If the Secretary determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he or she shall so inform the Board and the Board may in its discretion dismiss such complaint or order such further investigation as may be necessary, provided that the Board shall not dismiss such complaint without first affording either party an opportunity to appear before the Board.
(f) If the Secretary, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties have in good faith attempted such conciliation, fails to effect an informal conciliation agreement or a formal consent agreement or determines that a complaint is not susceptible of conciliation, he or she shall so notify the Board and the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Board shall serve upon the respondent a written statement of charges and a summons and shall serve upon all interested parties a notice of the time and place of the hearing. The respondent or his or her authorized counsel may file and amend such statements with the Board prior to the hearing date as he or she deems necessary in support of his or her position. The hearing shall be open to the public. The hearing shall be held not less than fifteen calendar days nor more than thirty calendar days after service of the statement of charges and summons. The summons so issued must be signed by two members of the Board and the issuance of such summons shall require the attendance of named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter. The interested parties may, at their option, appear before the Board in person or by a duly authorized representative and may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The Secretary shall keep a full record of the hearing, which record shall be public and open to inspection by any person, and upon request by any principal party to the proceeding, the Board shall furnish such party a copy of the hearing record, at such cost as the Board deems appropriate.
(g) (1) If, at the conclusion of the hearing, the Board determines, upon the preponderance of the evidence, that the person complained against has violated this chapter, the Board shall, after consultation with the Municipal Attorney in executive session, state its findings to and cause the Municipal Attorney to prepare and issue an order under Board directive requiring the person complained against to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation by the Secretary, determines that the person complained against has not, after fifteen calendar days following service of the Board's order, complied with the order, the Board will recertify the matter to the Municipal Attorney for enforcement.
(2) The Municipal Attorney shall seek compliance by appropriate civil action brought in the name of the Board before a court of competent jurisdiction.
(h) If, at the conclusion of the hearing, the Board determines, upon the preponderance of the evidence of the record, that the person complained against has not violated this chapter, the Board shall so state and publish its findings and issue its orders dismissing the complaint.
(Ord. 2306. Passed 8-20-84.)
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