Chapter 8.54
TENANT ANTI-DISCRIMINATION
Sections:
8.54.010 Purpose and findings.
8.54.030 Source of income protections.
8.54.010 Purpose and findings.
(a) Equal housing opportunities should be available to all people. The city is opposed to and desires to eliminate discrimination in a person’s ability to obtain housing based on a person’s source of income.
(b) The purpose of this chapter is to establish a right of tenants to be free from discrimination based on their use of a rental subsidy, including Section 8 and other rental programs. (Ord. 1048 § 2 (part), 2018).
8.54.020 Definitions.
(a) For purposes of this chapter, "source of income" means all lawful sources of income or rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program.
(b) The word "person," as used in this chapter, means any individual, firm, corporation or other organization or group of persons, however organized. (Ord. 1048 § 2 (part), 2018).
8.54.030 Source of income protections.
(a) It is unlawful for any person to do any of the following wholly or partially based on the source of income:
(1) To interrupt, terminate, fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof;
(2) To require different terms for such transaction;
(3) To falsely represent that an interest in real property is not available for such transaction;
(4) To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;
(5) To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement, or advertisement with respect to a transaction in real property or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.
(b) It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:
(1) Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations on the same basis as rental payments to be made directly by the tenant or prospective tenant;
(2) Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(c) Exceptions.
(1) Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one (1) of the living units or the structure contains fewer than three (3) dwelling units.
(2) Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law. (Ord. 1048 § 2 (part), 2018).
8.54.040 Civil liability.
(a) Any aggrieved person may enforce the provisions of this chapter by means of a civil action for damages and injunctive relief in any court of competent jurisdiction. The litigating complainant shall file a courtesy copy of the lawsuit with the city attorney.
(b) Prior to filing a civil action, a person whose rights have allegedly been violated under this chapter shall first request to mediate the controversy. The complainant’s obligations under this section shall be satisfied if the parties mediate in good faith or if the opposing party does not agree to mediation within fourteen (14) days of the request to mediate. (Ord. 1048 § 2 (part), 2018).
8.54.050 Criminal penalty.
Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period not exceeding six (6) months, or both. (Ord. 1048 § 2 (part), 2018).
8.54.060 City liability.
(a) The city shall not be liable for any damages, costs or expenses which are the result of any act or omission of or any decision made by any person (e.g., mediator, court) concerning an anti-discrimination claim or a complainant’s assertions pertaining to rights granted or conferred by this chapter.
(b) Under no circumstances shall the city have any responsibility or liability to enforce this chapter or to seek legal redress. (Ord. 1048 § 2 (part), 2018).