CHAPTER 93: FAIR HOUSING
Section
   93.01   Policy
   93.02   Definitions
   93.03   Unlawful practice
   93.04   Discrimination in the sale or rental of housing
   93.05   Discrimination in residential real estate-related transactions
   93.06   Discrimination in the provision of brokerage services
   93.07   Exemption
   93.08   Administration
   93.09   Education and conciliation
   93.10   Enforcement
   93.11   Investigations, subpoenas, and giving of evidence
   93.12   Enforcement by private persons
   93.13   Interference, coercion, or intimidation
   93.14   Prevention of intimidation in fair housing cases
   93.15   Effective date
§ 93.01 POLICY.
   It is the policy of the City of Elephant Butte to provide, within constitutional limitations, for fair housing throughout the City of Elephant Butte.
(Ord. 59, passed 2-12-2003)
§ 93.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   AGGRIEVED PERSON. Any person who:
      (1)   Claims to have been injured by a discriminatory housing practice; or
      (2)   Believes that they will be injured by a discriminatory housing practice that is about to occur.
   CHIEF ELECTED OFFICIAL. The person who holds the highest elected position of the local unit of government and who is signatory to the Small Cities Community Development Block Grant agreement with the Local Government Division.
   COMPLAINANT. The person (including the chief elected official) who files a complaint under § 93.10.
   DISABILITY. With respect to a person:
      (1)   A physical or mental impairment which substantially limits 1 or more of the person's major life activities;
      (2)   A record of having such an impairment; or
      (3)   Being regarded as having such an impairment, but the term does not include current, illegal use of or addiction to, a controlled substance (as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802).
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 93.04, 93.05, or 93.06 of this chapter.
   DWELLING. Any building, structure or portion thereof which is occupied as, designed or intended for occupancy as a residence by 1 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.
   FAMILIAL STATUS. One or more individuals (who have not attained the age of 18 years) being domiciled with:
      (1)   A parent or another person having legal custody of the individual or individuals; or
      (2)   The designee of the parent or other person having the custody, with the written permission of the parent or other person. The protection afforded against discrimination on the basis of FAMILIAL STATUS shall apply to any person who is pregnant, or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
   FAMILY. Includes a single individual.
   PERSON. One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   RESPONDENT.
      (1)   The person or other entity accused in a complaint of an unfair housing practice; and
      (2)   Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under § 93.10.
   TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. 59, passed 2-12-2003)
§ 93.03 UNLAWFUL PRACTICE.
   Subject to the provisions of division (B) below and § 93.07, the prohibitions against discrimination in the sale or rental of housing set forth in § 93.03 shall apply to:
   (A)   All dwellings except as exempted by division (B) below.
   (B)   Nothing in § 93.04 shall apply to:
      (1)   Any single-family house sold or rented by an owner: provided, that the private individual owner does not own more than 3 single-family houses at any 1 time: provided further, that in the case of the sale of any single-family house by a private individual owner not residing in the house at the time of the sale, or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection shall apply only with respect to 1 sale within any 24-month period: provided further, that the bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of, more than 3 single-family houses at any 1 time: provided further, that the sale or rental of any single-family house shall be excepted from the application of this chapter only if the house is sold or rented:
         (a)   Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson or of the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent, salesperson or person; and
         (b)   Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 93.04(C) of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other 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 4 families living independently of each other, if the owner actually maintains and occupies 1 of the living quarters as his or her residence.
   (C)   For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if:
      (1)   They have, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein;
      (2)   They have, within the preceding 12 months, participated as agent, other than in the sale of their own personal residence in providing sales or rental facilities or sales or rental services in 2 or more transactions involving the sale or rental of any dwelling or any interest therein; or
      (3)   They are the owner of any dwelling designed or intended for occupancy by, or occupied by, 5 or more families.
(Ord. 59, passed 2-12-2003)
§ 93.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 93.03 and except as exempted by §§ 93.03(B) and 93.07, 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, disability, familial status, HIV status, or national origin;
   (B)   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, because of race, color, religion, sex, disability, familial status, HIV status, or national origin;
   (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, disability, familial status, HIV status, or national origin, or an intention to make any preference, limitation or discrimination;
   (D)   To represent to any person because of race, color, religion, sex, disability, familial status, HIV status, or national origin that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available; and
   (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 persons of a particular race, color, religion, sex, disability, familial status, HIV status, or national origin.
(Ord. 59, passed 2-12-2003) Penalty, see § 10.99 
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