Loading...
ARTICLE A. FAIR HOUSING
SECTION:
5-3A-1: Definitions
5-3A-2: Prohibitions
5-3A-3: Discrimination In Residential Real Estate Related Transactions
5-3A-4: Discrimination In Provision Of Brokerage Services
5-3A-5: Interference, Coercion, Or Intimidation; Enforcement By Civil Action
5-3A-6: Exceptions
5-3A-7: Additional Administrative Proceedings
5-3A-8: Enforcement By The Commission; Housing, Additional Proceedings
5-3A-9: Civil Action For Enforcement When Election Is Made; Housing
5-3A-10: Enforcement By Private Persons; Housing
5-3A-11: Enforcement By The City Attorney; Housing
5-3A-12: Cooperation With State And Federal Agencies Administering Fair Housing Laws
As used in this article:
AGGRIEVED PERSON: Includes any person who claims to have been injured by an unfair or discriminatory housing practice or any person who believes that they will be injured by an unfair or discriminatory housing practice that is about to occur.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, respondent, and commission.
COVERED MULTI-FAMILY DWELLING: Any of the following:
A. A building consisting of four (4) or more dwelling units if the building has one or more elevators.
B. The ground floor units of a building consisting of four (4) or more units.
DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a "Dwelling" means any building, structure, or residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with one of the following:
A. A parent or another person having legal custody of the individual or individuals.
B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person.
C. A person who is pregnant or is in the process of securing legal custody of the individual or individuals.
PERSON: One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries.
RESPONDENT: Any person or entity alleged in a complaint, or later identified in the course of the investigation, as committing an unfair or discriminatory housing practice. (Ord. 4464, 3-26-2001)
It shall be an unfair or discriminatory housing practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including, but not limited to, persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:
A. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or dwelling or part, portion or interest therein, to any person because of the race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status of such person.
B. To discriminate against any person because of the person's race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or dwelling or any part, portion or interest in the real property or dwelling, or in the provision of services or facilities in connection with the real property or dwelling.
C. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or dwelling or any part, portion or interest therein, by persons of any particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited.
D. To discriminate against the lessee or purchaser of any real property or dwelling or part, portion or interest of the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling, because of the race, color, creed, religion, sex, sexual orientation, gender identity, disability, age or national origin of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity.
E. To induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status.
F. To represent to any person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental. (Ord. 4891, 11-13-2007)
G. To discriminate in the sale or rental, or otherwise make unavailable or deny a dwelling, to a buyer or renter because of a disability of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. A person associated with that buyer or renter.
H. To discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:
1. That person;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. A person associated with that person.
I. To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. In the case of a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter's agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
J. To refuse to make reasonable accommodations in rules, policies, practices, or services when the accommodations are necessary to afford the person with a disability equal opportunity to use and enjoy a dwelling.
K. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in a manner that meets the following requirements:
1. The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities.
2. All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons in wheelchairs.
3. All premises within the dwellings contain the following features of adaptive design:
a. An accessible route into and through the dwelling;
b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installation of grab bars; and
d. Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.
Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and usability for people with disabilities (commonly cited as "ANSI A117.1") satisfies the requirements in this subsection K3.
Nothing in this article requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others. (Ord. 4464, 3-26-2001)
A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available, or in terms or conditions of a residential real estate related transaction, because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status. (Ord. 4891, 11-13-2007)
For the purpose of this section, "residential real estate related transaction" means any of the following:
A. To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair, or maintain a dwelling, or to secure residential real estate; or
B. To sell, broker, or appraise residential real estate. (Ord. 4464, 3-26-2001)
A person shall not deny another person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status. (Ord. 4891, 11-13-2007)
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. (Ord. 4464, 3-26-2001)
The provisions in this article shall not apply to:
A. Religious Institutions: Any bona fide religious institution with respect to any qualifications it may impose based on religion, sexual orientation, or gender identity, when the qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, sex, sexual orientation, gender identity, familial status, disability, or national origin. (Ord. 4891, 11-13-2007)
B. Two-Family Dwelling; Owner Residing: The rental or leasing of a dwelling in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner resides in one of the housing accommodations.
C. One-Family Dwelling; Owner Residing: The rental or leasing of less than four (4) rooms within a single dwelling by the occupant or owner of the dwelling, if the occupant or owner resides in the dwelling.
D. Up To Four-Family Dwelling; Owner Residing: The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than four (4) families living independently of each other, if the owner resides in one of the housing accommodations for which the owner qualifies for the homestead tax credit under Iowa Code section 425.1.
E. Sex Discrimination: Discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which residents of both sexes would be forced to share a living area.
F. Familial Status Discrimination: Discrimination on the basis of familial status involving dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program that the commission determines to be consistent with determinations made by the secretary of the U.S. department of housing and urban development.
G. Housing For Older Persons: As used in this article, "housing for older persons" means housing communities consisting of dwellings intended for either:
1. Eighty percent (80%) occupancy by at least one person fifty five (55) years of age or older per unit; or
2. One hundred percent (100%) occupancy by persons sixty two (62) years of age or older.
To qualify as housing for older persons, as defined in subsection G1 of this section, at least eighty percent (80%) of the occupied units must be occupied by at least one person fifty five (55) years of age or older and there must be policies and procedures in effect which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older.
The exception for "housing for older persons" is limited to discrimination based on familial status. (Ord. 4464, 3-26-2001)
H. Appraisal Exception: Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status in the appraisal of real estate. (Ord. 4891, 11-13-2007)
The exceptions found in subsections B, C, and D of this section do not apply to subsection 5-3A-2C of this article relating to advertising. (Ord. 4464, 3-26-2001)
Loading...