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(a) No person, whether or not acting under color of law, shall by force or threat of force, willfully intimidate or interfere with or attempt to intimidate or interfere with:
(1) Any person because of race, color, religion, sex, national origin, handicap, ancestry, familial status, military status, sexual orientation or gender identity and because that person is or has been selling, purchasing, renting, financing, occupying, 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 of selling or renting housing accommodations;
(2) Any person because that person is or has been or in order to intimidate that person or any other person or any class of persons from:
A. Participating without discrimination on account of race, color, religion, sex, national origin, handicap, ancestry, familial status, military status, sexual orientation or gender identity in any of the activities, services, organizations or facilities described in division (a)(1) hereof;
B. Affording another person or class of persons opportunity or protection so to participate.
(3) Any person because that person is or has been or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, handicap, ancestry, familial status, military status, sexual orientation or gender identity, in any of the activities, services, organizations or facilities described in division (a)(1) hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(b) This section shall not apply whenever the conduct proscribed in this section constitutes a felony under Ohio R.C. 2927.03.
(Ord. 141-1992. Passed 6-1-92; Ord. 103-1998. Passed 5-4-98. Eff. 6-4-98; Ord. 41-2013. Passed 4-15-13.)
This chapter shall not prevent the City or any person from exercising any right or seeking any remedy to which that person might otherwise be entitled or from filing any complaint with any other agency or court of law or equity. If a court determines that there has been a violation of this chapter, it may award compensatory damages and, where appropriate, punitive damages and attorneys' fees. The court may also order such other relief as it deems appropriate.
(Ord. 141-1992. Passed 6-1-92.)
(a) There is hereby established a Community Relations Office which shall consist of the Director of Planning and Development, the Special Projects Coordinator and Community Relations Liaison.
(b) The Community Relations Office will be charged with the responsibility of monitoring fair housing compliance as expressed in this chapter.
(c) The Community Relations Office will work with independent fair housing agencies on a contractual basis for the purpose of conducting monthly audits of real estate agencies, holding educational seminars, updating Federal, State and Municipal fair housing laws, statutes and ordinances, providing impartial mediation on impasses and demographic data on housing patterns and trends.
(d) The Community Relations Office will be responsible for the coordination of all local, State and Federal programs affecting on fair housing as well as working with local advisory groups interested in the monitoring of fair housing.
(e) The Community Relations Office will work with the local police and neighborhood organizations in the areas of education, intervention and other community relations activities to ensure a positive approach to fair housing.
(f) The Community Relations Office shall have authority to:
(1) Restrict solicitations;
(2) Hold administrative hearings on fair housing complaints;
(3) Investigate and accumulate evidence for possible litigation;
(4) Submit to the City of Euclid Law Department any violation of this fair housing chapter;
(5) Recommend any sanctions for violating this fair housing chapter.
(g) The responsibilities of the Director of Planning and Development shall include, but not be limited to, chairing the Community Relations Office on all hearings and meetings. The Director shall oversee all aspects of the Community Relations Office and have the authority to call meetings, initiate administrative hearings and call for the intervention of any legal authority for the enforcement of statutory provisions.
(h) The Special Projects Coordinator shall be directed to administer all contracts with independent agencies in the monitoring of fair housing compliance. Other duties shall include, but not be limited to, fair housing complaint investigations, administration of the City's anti-solicitation ordinance, attendance at any meetings directly relating to programs promoting fair housing, and chairing any ad hoc committees relating to this chapter and other fair housing issues.
(i) The Community Relations Liaison shall meet with neighborhood organizations to provide all necessary materials pertinent to fair housing; conduct investigations of complaints and gather data for possible legal action; meet with realtors on a periodic basis to establish consistency in the marketing, selling and renting of homes in compliance with this chapter; work with the Euclid Police Department's block watch office to coordinate fair housing programs on a neighborhood-by-neighborhood basis; attend seminars and other fair housing educational meetings; prepare timely reports on fair housing activities; and collate statistical demographics to determine housing trends for steering and blockbusting activities.
(Ord. 141-1992. Passed 6-1-92.)
(a) No owner, or person having control, of any premises regulated by this code shall institute or threaten to institute any action to recover possession of the premises or otherwise cause a tenant to quit a habitation involuntarily, demand an increase in rent from a tenant, decrease services to which a tenant has been entitled, increase the obligations of a tenant, or refuse to renew the tenant's lease agreement in retaliation against:
(1) A tenant's good faith complaint or report of conditions in, or affecting his or her dwelling unit, which might reasonably be believed to constitute a violation of a housing, building, health, or other code or ordinance made to a governmental authority or to the owner or person having control of the premises; or
(2) The tenant joining with other tenants for the purpose of negotiating or dealing collectively with the owner or person having control of the premises on any of the terms and conditions of a rental agreement.
(b) The City of Euclid bears the initial burden of establishing a prima facie case of retaliatory action. In order to establish a prima facie case, the City must demonstrate the following:
(1) The victim is a “tenant” as defined by Section 743.01(a) of these Codified Ordinances.
(2) The tenant has engaged in one of the protected activities in division (a) of this section.
(3) The owner or person having control of the premises has engaged in at least one of the following prohibited actions:
A. Increasing rent or any other obligations of the tenant;
B. A reduction of any services to the tenant;
C. A warning or a threat of eviction, formal or informal;
D. Filing of an eviction proceeding in close temporal proximity to the occurrence of any event referred to in division (a) of this section;
E. Termination or non-renewal of a lease agreement in close temporal proximity to the occurrence of any event referred to in division (a) of this section;
F. Landlord trespassing on the property or forcing entry;
G. Shutting off utilities or water services;
H. Not accepting rent payment;
I. Interfering with the tenant's quiet use and enjoyment of the property; or
J. Prohibiting the right of access to any part of the premises that the tenant is lawfully entitled to use or occupy.
(c) Once the City has established a prima facie case, a rebuttable presumption shifts the burden to the owner, or person having control of the premises, to articulate a legitimate, non-retaliatory reason for taking action against the tenant. To rebut the presumption to any prosecution brought under this Section 763.09 that the actions taken by the owner, or person having control of the premises were retaliatory, the accused must demonstrate by preponderance of the evidence either of the following:
(1) A tenant's violation of the lease agreement between the tenant and the accused; or
(2) A reason not related to the tenant's good faith complaint or report to the accused or a governmental authority.
If the accused articulates such a reason, the presumption ceases and the City bears the burden of proving the proffered reason is merely a pretext for unlawful retaliation.
(d) Any provision of any lease that conflicts with this section of the code is void and unenforceable.
(e) This Section 763.09 is not intended to serve as a basis for a civil claim, a counterclaim, or a defense in an eviction proceeding under Ohio R.C. Chapter 5321 or Ohio R.C. Chapter 1923.
(Ord. 16-2019. Passed 2-4-19.)
(a) Whoever violates Section 763.03 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(b) A person who violates Section 763.09 is guilty of a misdemeanor of the first degree, punishable by a fine not to exceed one thousand dollars ($1,000) and a maximum of 180 days in jail.
(c) Whoever violates any other section of this chapter is guilty of a misdemeanor of the second degree for a first offense and shall be fined not more than seven hundred and fifty dollars ($750.00) or imprisoned not more than 90 days, or both. For any subsequent offense, such person shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(Ord. 141-1992. Passed 6-1-92; Ord. 16-2019. Passed 2-4-19.)