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(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)
(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
(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, disability, familial status, HIV status, or national origin.
(B) Definition. As used in this section, the term RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means any of the following:
(1) The making or purchase of loans or providing other financial assistance:
(a) For purchasing, constructing, improving, repairing or maintaining a dwelling; or
(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, disability, familial status, HIV status, or national origin.
(Ord. 59, passed 2-12-2003) Penalty, see § 10.99
It shall be unlawful to 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 dwellings, or to discriminate against them in the terms or conditions of the access, membership or participation because of race, color, religion, sex, disability, familial status, HIV status, or national origin.
(Ord. 59, passed 2-12-2003) Penalty, see § 10.99
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 the persons, unless membership in the religion is restricted on account of race, color, national origin, HIV status, or disability. 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 lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.
(Ord. 59, passed 2-12-2003)
(A) The authority and responsibility for administering this chapter shall be in the chief elected official of the City of Elephant Butte.
(B) The chief elected official may delegate any of these functions, duties and powers to employees of the City of Elephant Butte or to boards of the employees, including functions, duties and powers with respect to investigating, conciliating, hearing, determining ordering, certifying, reporting or otherwise acting as to any work, business or matter under this chapter. The chief elected official shall by rule prescribe the rights of appeal from the decisions of their hearing examiners, to other hearing examiners or to other offices in the City of Elephant Butte, to boards of officers or to themselves, as shall be appropriate and in accordance with law.
(C) All City of Elephant Butte departments and agencies shall administer their programs and activities relating to housing and community development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the chief elected official to further the purposes.
(Ord. 59, passed 2-12-2003)
Immediately after the enactment of this chapter, the chief elected official shall commence the educational conciliatory activities as will further the purposes of this chapter. They shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this chapter and the suggested means of implementing it and shall endeavor with their advice to work out programs of voluntary compliance and enforcement.
(Ord. 59, passed 2-12-2003)
(A) Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “aggrieved person”) may file a complaint with the chief elected official. Complaints shall be in writing and shall contain the information, and be in the form as the chief elected official requires. Upon receipt of such a complaint, the chief elected official shall furnish a copy of the same to the person or persons who have committed, or are about to commit, the alleged discriminatory housing practice. Within 30 days after receiving a complaint or within 30 days after the expiration of any period referenced under division (C) below, the chief elected official shall investigate the complaint and give notice in writing to the aggrieved person whether he or she intends to resolve it. If the chief elected official decides to resolve the complaints, he or she shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of the informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. Any employee of the chief elected official who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than 1 year.
(B) A complaint under division (A) above shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him or her and with the leave of the chief elected official, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(C) If within 30 days after a complaint is filed with the chief elected official, the chief elected official has been unable to obtain voluntary compliance with this chapter, the aggrieved person may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The chief elected official will assist in this filing.
(D) If the chief elected official has been unable to obtain voluntary compliance within 30 days of the complaint, the aggrieved person may, within 30 days thereafter commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as the rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in the practice or order the affirmative action as may be appropriate.
(E) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(F) Whenever an action filed by an individual comes to trial, the chief elected official shall immediately terminate all efforts to obtain voluntary compliance.
(Ord. 59, passed 2-12-2003)
(A) In conducting an investigation, the chief elected official shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy the materials and take and record the testimony or statements of the persons as are reasonably necessary for the furtherance or the investigation: provided, however, that the chief elected official first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The chief elected official may issue subpoenas to compel his or her access to, or the production of, the materials, or the appearance of the persons and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States District Court for the district in which the investigation is taking place. The chief elected official may administer oaths.
(B) Upon written application to the chief elected official, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the chief elected official to the same extent and subject to the same limitations as subpoenas issued by the chief elected official. Subpoenas issued at the request of a respondent shall show on their face the name and address of the respondent and shall state that they were issued at his or her request.
(C) Witnesses summoned by subpoena of the chief elected official shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.
(D) Within 5 days after service of a subpoena upon any person, the person may petition the chief elected official to revoke or modify the subpoena. The chief elected official shall grant the petition if he or she finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(E) In case of contumacy or refusal to obey a subpoena the chief elected official, or other person at whose request it was issued, may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served or transacts business.
(F) Any person who willfully fails or neglects to attend and testify, or to answer any lawful inquiry, or to produce records, documents or other evidence, if in his or her power to do so, in obedience to the subpoena or lawful order of the chief elected official shall be fined not more than $1,000 or imprisoned not more than 1 year or both. Any person who, with intent thereby to mislead the chief elected official, shall make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted to the chief elected official pursuant to his or her subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in the reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
(G) The City of Elephant Butte attorney shall conduct all litigation in which the chief elected official participates as a party or as amicus pursuant to this chapter.
(Ord. 59, passed 2-12-2003)
(A) The rights granted by §§ 93.03 through 93.05 and § 93.06 may be enforced by civil actions in the appropriate United States district, state or local court. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred: provided, however, that the court shall continue the civil case brought pursuant to this section or § 93.10(D) from time to time before bringing it to trial if the court believes that the conciliation efforts of the chief elected official are likely to result in satisfactory settlement of the alleged discriminatory housing practice complained of in the complaint made to the chief elected official and which practice forms the basis for the action in court; and provided, however, that any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the filing or a complaint or civil action under the provisions of this chapter shall not be affected.
(B) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order or other order and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff: provided, that the plaintiff in the opinion of the court is not financially able to assume the attorney's fees.
(Ord. 59, passed 2-12-2003)
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 93.03 through 93.05, or § 93.06 of this chapter. This section may be enforced by appropriate civil action.
(Ord. 59, passed 2-12-2003)
Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:
(A) Any person because of their race, color, religion, sex, disability, familial status, HIV status, or national origin and because they are or have been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service organization or facility relating to the business or selling or renting dwellings;
(B) Any person because they are or have been, or in order to intimidate the person or any other person or any class of persons from:
(1) Participating, without discrimination because of race, color, religion, sex, disability, familial status, HIV status, or national origin, or in any of the activities, services organizations, or facilities; or
(2) Affording another person or class of persons opportunity or protection so to participate.
(C) Any citizen because they are or have been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, familial status, HIV status, or national origin, in any of the activities, services, organizations or facilities, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be fined not more than $1,000, or imprisoned not more than 1 year or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than 10 years or both; and if death results shall be subject to imprisonment for any term of years or for life and/or to other applicable local/state/federal laws.
(Ord. 59, passed 2-12-2003)