Loading...
It is unlawful for any person, owner, manager, employee, or any entity whose business includes engaging in any residential real estate related transactions to discriminate in the sale, lease or rental of any housing facility, or to otherwise discriminate in the terms, conditions, maintenance, improvement, or repair of any housing facility. The rental of sleeping rooms in a private residence designed as a single dwelling unit in which the owner also resides is excluded from this section provided that the owner rents no more than three (3) sleeping rooms within the residence. (Ord. 3162, 12-17-2012)
No person shall coerce, threaten, discharge, expel, blacklist, or otherwise retaliate against another person for opposing any practices prohibited by this chapter, making a complaint, or assisting in an investigation or proceeding regarding an alleged violation of this chapter; nor shall any person require, request, conspire with, assist, or coerce another person to retaliate against a person for making a complaint or assisting in an investigation or proceeding. (Ord. 3162, 12-17-2012)
Any illegal discrimination specifically addressed by Montana state law shall be submitted to the Montana department of labor and industry, human rights bureau, pursuant to title 49, chapters 2 and 3, Montana Code Annotated (MCA), for processing by the state of Montana.
Any person claiming a violation of this chapter may seek civil remedies, injunctive relief, attorney fees or other equitable relief by petitioning the Helena municipal court. Prior to the filing of any petition in Helena municipal court under this chapter, a person must have:
A. Filed or sought to file a timely complaint with the Montana human rights bureau alleging discrimination in employment, public accommodations or housing, or retaliation; and
B. Received a written disposition of the complaint from the Montana human rights bureau, Montana department of labor and industry hearings bureau, Montana human rights commission, or any Montana court indicating that the acts of alleged discrimination or retaliation underlying the complaint do not fall within the scope of the Montana human rights act.
For purposes of this section, the term "timely" shall mean filed with the Montana human rights bureau within the time frames set forth in section 49-2-501, Montana Code Annotated.
Any person claiming a violation of this chapter must file a petition with the Helena municipal court within ninety (90) days of receipt of the written disposition referenced in subsection B of this section.
The initiation of or the granting of relief under a grievance procedure shall not preclude or limit any other claims or remedies available under this chapter. (Ord. 3162, 12-17-2012)
If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city commission hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this chapter should be declared invalid or unconstitutional, then the remaining ordinance provisions will remain in full force and effect. (Ord. 3162, 12-17-2012)