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A. Discriminatory Practices: It is a discriminatory housing practice for a real estate broker, salesperson, or owner of a dwelling, or their agents or employees, to do any of the following:
1. Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any dwelling from any person because of the person's sexual orientation or gender identity;
2. Discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in providing facilities or services in connection with the dwelling because of the person's sexual orientation or gender identity;
3. Represent to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available;
4. To make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on sexual orientation or gender identity, or expresses any intent to make any such preference, limitation, or discrimination;
5. To induce or attempt to induce, for profit, any person to buy, sell, or rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular sexual orientation or gender identity;
6. Engage in any discriminatory housing practices because of sexual orientation or gender identity based upon a person's association with another person;
7. Retaliate against a person for availing themselves of the protections of this chapter.
B. Additional Discriminatory Practices: It is a discriminatory housing practice for a real estate broker or salesperson to do any of the following because of a person's sexual orientation or gender identity:
1. To discriminate against any person in making available a residential real estate transaction, or in the terms or conditions of the transaction, inside the city, because of a person's sexual orientation or gender identity;
2. 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 inside the city or to discriminate against any person in the terms or conditions of access, membership, or participation in the organization, service, or facility inside the city because of a person's sexual orientation or gender identity; or
3. Engage in any discriminatory housing practices inside the city because of sexual orientation or gender identity based upon a person's association with another person.
C. Exceptions: This chapter does not apply to the following:
1. The sale or rental of any single-family dwelling, if the owner:
a. Does not own an interest in or title to four (4) or more single-family dwellings held for lease or sale at one time located inside the city;
b. Has not sold two (2) or more single-family dwellings inside the city in which the owner did not reside in the dwelling within the twenty four (24) month period preceding the sale or rental of the dwelling; and
c. Does not use the services or facilities of any real estate broker, agent, or salesperson, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling inside the city.
2. The rental of a dwelling that is occupied or intended to be occupied by no more than four (4) families living independently of each other, when the owner actually maintains and occupies part of the dwelling as a residence.
3. Nothing in this chapter prohibits conduct against a person because of the person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law.
4. A person's actual or symbolic religious or other deeply held beliefs, shall not be the sole basis for a finding of discrimination under this chapter. Expressions of religious or other deeply held beliefs are exempt from this chapter, provided they do not become so severe or pervasive as to alter the terms, conditions or privileges of renting a dwelling unit. Religious or other deeply held beliefs may not, however, excuse conduct that otherwise violates this chapter. This chapter is intended to prohibit discriminatory conduct, not punish beliefs or the expression thereof.
(Ord. 2011-10, 3-15-2011)
A. Any person who claims to have been injured by an unlawful housing practice may file a complaint with the administrator. A complaint may also be filed by the administrator if the administrator has reasonable cause to believe that a person has committed an unlawful housing practice. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful housing practice has occurred. Any complaint dismissed for insufficiency pursuant to this chapter may be amended and refiled at any time within filing deadline set forth in this subsection.
B. A complaint must be in writing on a form provided by the administrator, made under oath or affirmation, and contain the following information:
1. The complainant's name, address, and signature;
2. The date the alleged unlawful housing practice occurred;
3. A detailed statement of the facts upon which the allegation of an unlawful practice is based; and
4. The respondent's name and address.
C. After the filing of a complaint, the administrator shall review the complaint to determine sufficiency. A complaint shall be deemed sufficient if it alleges detailed facts that, if presumed to be true, would constitute a violation of this chapter. An insufficient complaint may be dismissed by the administrator. If upon review the complaint is deemed sufficient, the administrator shall promptly:
1. Provide the respondent named in the complaint written notice that a complaint alleging the commission of an unlawful housing practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) days after service of notice of the complaint.
D. Not later than the fifteenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:
1. The respondent's name, address, telephone number, and signature of the respondent or the respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception.
(Ord. 2011-10, 3-15-2011)
A. Upon the filing of a complaint, the administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the administrator shall dismiss the complaint, notify the complainant and the respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The administrator may request issuance of an executive branch subpoena to compel the attendance of a witness or the production of relevant materials or documents pursuant to title 4, chapter 4, article B of this code.
D. The administrator may dismiss a complaint at any time during the investigation if the administrator determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful housing practice is not within the city's jurisdiction;
3. The alleged unlawful housing practice is not a violation of this chapter;
4. The facts are insufficient to initiate a proceeding for the administrative imposition of civil penalties;
5. The complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
6. The complainant cannot be located after the administrator has performed a reasonable search; or
7. A conciliation agreement has been executed by the complainant and respondent.
E. To avoid duplication of enforcement actions, the administrator may, but is not required to, dismiss the complaint if the administrator determines that the alleged unlawful practice, if proven, violates existing federal or state law. If dismissed, the administrator will refer complainant to appropriate federal or state enforcement agencies.
(Ord. 2011-10, 3-15-2011)
A. During or after the investigation, but subsequent to the mailing of the notice of the complaint to the respondent, the administrator shall, if it appears that the respondent has committed an unlawful housing practice, attempt to conciliate the complaint. In conciliating a complaint, the administrator shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the complainant's rights and take action to ensure the elimination of both present and future unlawful housing practices. A conciliation agreement may include: sensitivity training for the respondent and/or the respondent's employees; the respondent's agreement to adopt and pursue a policy of nondiscrimination in its practices; and the respondent's agreement to not engage in discriminatory practices in the future. Respondent's acknowledgment of a violation of this chapter shall not be a prerequisite to entering into a conciliation agreement.
B. A conciliation agreement executed under this section must be in writing in a form approved by the city attorney and must be signed and verified by the respondent and the complainant, subject to approval of the administrator who shall indicate approval by signing the agreement.
C. If a respondent voluntarily enters into a conciliation agreement, the administrator shall immediately dismiss the complaint.
(Ord. 2011-10, 3-15-2011)
If, upon completion of an investigation of a complaint, the administrator determines that an unlawful housing practice has occurred and is unable to secure an acceptable conciliation agreement from the respondent, then the administrator is authorized to initiate a proceeding for the administrative imposition of civil penalties pursuant to this chapter, by issuing a notice of violation to respondent. No warning period shall apply prior to the imposition of a civil penalty pursuant to this chapter.
(Ord. 2011-10, 3-15-2011)