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FAIR HOUSING COMMISSION
§ 32.20 TITLE AND PURPOSE.
   (A)   This shall be known as the “Salmon Fair Housing Ordinance” and will hereinafter be referred to as “this subchapter”.
   (B)   The purpose of this subchapter is to establish fair housing practices by ordinance in the city and to avoid discrimination and segregation in housing on the basis of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference.
(Prior Code, § 2-3-1) (Ord. 74-426, passed 8-21-1974)
§ 32.21 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSION. The Fair Housing Commission established by this chapter.
   DWELLING. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one 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.
   DWELLING UNIT. A suite of rooms for occupancy by one family containing space for living, sleeping and preparation of food, and containing toilet and bathing facilities.
   HOUSING ACCOMMODATIONS. Shall include any dwelling house, building, apartment, dwelling unit or other structure, facility, lot or parcel of land in the city which is used or intended to be used for the accommodation of one or more human beings, and shall include rooming units in dwellings or boarding houses.
   LENDER. Banks, insurance companies, savings or building and loan associations, credit unions, trust companies, mortgage companies or other persons engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of a housing accommodation.
   MANAGER. A person who operates, manages, controls, has charge of or has the right of management or control over housing accommodations on behalf of another, but does not own housing accommodations.
   OWNER. A person who owns a housing accommodation.
   PERSON AGGRIEVED. Any person against whom any alleged unfair housing practice has been committed.
   PERSONS. One or more individuals, partnerships or other organizations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers.
   PROSPECTIVE BORROWER. A person who seeks to borrow money to finance the acquisition, construction, repair or maintenance of a housing accommodation.
   PROSPECTIVE OCCUPANT. A person who seeks to purchase, lease, rent or sublease a housing accommodation.
   REAL ESTATE AGENT, SALESPERSON or EMPLOYEE. Any person employed by a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.
   REAL ESTATE BROKER. Any person who, for a fee, commission or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, rent or sublease of a housing accommodation of another, or hold himself or herself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, renting or subleasing of a housing accommodation of another, or collects the rental for the use of a housing accommodation of another.
   RESPONDENT. Any person who is alleged to have committed an unfair housing practice.
   ROOM or ROOMING UNITS. Includes individual sleeping rooms with or without private bath in a home, boarding house or rooming house. A room in which two or more persons sleep constitutes a single ROOM or ROOMING UNIT.
   SEX. Refers to gender, male or female.
   UNFAIR HOUSING PRACTICE. Any act prohibited by this subchapter.
(Prior Code, § 2-3-2) (Ord. 74-426, passed 8-21-1974)
§ 32.22 UNFAIR HOUSING PRACTICES FORBIDDEN.
   (A)   An owner or manager shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of an occupant, purchaser, prospective occupant or prospective purchaser:
      (1)   Refuse to sell, lease, rent or sublease a housing accommodation to a prospective occupant;
      (2)   Expel or evict an occupant from a housing accommodation; or
      (3)   Discriminate against an occupant or prospective occupant in the price, terms, conditions or privileges of sale, lease, rent or sublease, or occupancy of a housing accommodation, or in the furnishing of any related facilities or service.
   (B)   A real estate broker, agent, salesman or employee shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of an occupant, purchaser, prospective occupant or prospective purchaser:
      (1)   Refuse or intentionally fail to list a housing accommodation for sale, lease, rent or sublease;
      (2)   Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, lease, rent or sublease; or
      (3)   Refuse or intentionally fail to transmit to an owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation.
   (C)   A lender shall not, because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of a borrower or prospective borrower:
      (1)   Deny a prospective borrower a loan for the acquisition, construction, repair or maintenance of a housing accommodation; or
      (2)   Discriminate against a borrower or prospective borrower in the terms, conditions or privileges of such a loan.
   (D)   An owner, manager, real estate broker, agent, salesperson, employee or lender shall not:
      (1)   Require any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference in connection with the sale, lease, rent or sublease of any housing accommodation;
      (2)   Post, publish, circulate or cause to be posted, published or circulated any notice, statement or advertisement which relates to the sale, lease, rent or sublease, acquisition or financing of any housing accommodation which indicates directly or indirectly a preference, limitation, specification or discrimination, based on race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference;
      (3)   Discriminate against a person in any manner because such person has complied or proposes to comply with the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this subchapter;
      (4)   Induce or attempt to induce for profit, 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, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference; or
      (5)   Represent to any person because of race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference that any dwelling is not available for inspections, sale or rental when such dwelling is in fact so available.
(Prior Code § 2-3-3) (Ord. 74-426, passed 8-21-1974)
§ 32.23 EXCLUSIONS.
   (A)   Nothing in this subchapter shall be construed to include, or to apply to any bona fide club, fraternal or religious organization but where public use for the purpose of profit is carried on by a bona fide club, fraternal or religious organization such use is banned by this subchapter.
   (B)   Nothing in this subchapter shall be interpreted to prohibit any person from making a choice from among prospective purchasers and tenants of property on the basis of factors other than race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference.
   (C)   Nothing in this subchapter shall prohibit the use of lawyers, escrow agents, title companies and such other professional assistance as may be necessary to perfect or transfer the title to property.
   (D)   Nothing in this subchapter shall limit an owner’s right to expel or evict an occupant or tenant from a housing accommodation for any reason permitted by law, or lawfully agreed upon by contract; provided, that such action is not based on race, color, religion, national origin, sex, age, disability, marital status and/or sexual orientation or affectional preference of the occupant.
(Prior Code § 2-3-4) (Ord. 74-426, passed 8-21-1974)
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