Chapter 9.12
DISCRIMINATION IN HOUSING
Sections:
9.12.020 Refusal to negotiate or close sale prohibited.
9.12.030 Contract requirements.
9.12.050 Action on complaints.
9.12.010 Policy generally.
It is declared to be the policy of the city in the exercise of its police power for maintenance of the public safety, public health and public welfare, to provide equal residential opportunity to all persons regardless of race, color, religion, ancestry, national origin or sex, and toward that end to prohibit associated discrimination in residential use, ownerships, sale, and/or rental by any person, including real estate brokers, real estate salesmen and agents, and owners of real property. (Ord. 28.4.A § 1, 1975: Ord. 28.4 § 1, 1968)
9.12.020 Refusal to negotiate or close sale prohibited.
Any act by any person involved in the operation or transfer of ownership of property to refuse to provide lawful services or to consummate property arrangements or sale, including the refusal to negotiate for any of the above, on the basis of race, color or religion, ancestry, national origin or sex of any individual applicant shall be considered unlawful discrimination and shall constitute a violation of this chapter. (Ord. 28.4.A § 2, 1975: Ord. 28.4 § 2, 1968)
9.12.030 Contract requirements.
All contracts for rental, lease or sale of any lot, house, or premises intended for residential use shall be conditioned upon the failure of any person to file, within ten days of the date of execution of such instrument, a claim for preemptive consideration on the basis of unlawful discrimination. Upon the filing of such claim and subsequent determination by a court of competent jurisdiction that unlawful discrimination did occur, as provided in BMC 9.12.050, the seller and his representative (owners, managers, agents) shall be responsible for making full restitution for any damages proved by a complainant or by the city under this chapter. A certified copy of any such contract/agreement and associated instruments shall be furnished to the city within twenty-four hours of a demand therefor. (Ord. 28.4 § 3, 1968)
9.12.040 Filing of claims.
Any person who believes he has been discriminated against in violation of BMC 9.12.020 may seek relief in the following manner:
A. File a signed complaint within ten days of any such occurrence with the city police attesting to all details believed to be pertinent to the situation alleged to constitute a violation of this chapter;
B. Specify his particular interest and present purposes as pertains to relief sought (i.e., actual rental or purchase of specific property, consideration of same, or simply prosecution by authorities);
C. If purchase or rental is sought, complainant shall:
1. Prove financial responsibility as pertains to ability to meet payments and fees involved (endorsement by a licensed lending institution or employer),
2. Prove availability for occupancy consistent with terms advertised,
3. List damages anticipated, if any, if present purposes as pertains to the property concerned are not achieved. (Ord. 28.4 § 4, 1968)
9.12.050 Action on complaints.
A. Upon the filing of a complaint claiming unlawful discrimination, the city shall immediately notify the owners of record of the filing of said complaint and require transmittal of a certified copy of any and all other pertinent instruments, if any there be, executed within the preceding ten days by said owners or their representatives. Said certified instruments shall, upon receipt, be reviewed to ascertain that the alleged violation of BMC 9.12.020, as detailed in accordance with BMC 9.12.040, did in fact occur prior to but within ten days of the execution of instruments in conflict with the purposes specified by the complainant; otherwise, investigation by the city shall immediately be terminated, deposits refunded and the complaint considered closed. If certified instruments indicate a contract/agreement has been executed within the ten-day period following the alleged violation of BMC 9.12.020, the city shall file an application for a temporary restraining order in a court of competent jurisdiction to interrupt all proceedings associated with said subsequent contract/agreement, until a hearing can be held in municipal court to ascertain whether a violation of BMC 9.12.020 did in fact occur. Said hearing shall be requested in the municipal court within ten days of the date of receipt by the city of said certified instruments or of the filing of the complaint, whichever is later. Upon a finding by the municipal court of failure by the city to prove a violation of BMC 9.12.020, said restraining order, if any, shall be dismissed and the complaint closed.
B. Alternatively, upon a finding that a violation did in fact occur, such affirmative findings shall comprise just cause for a claim for preemptive consideration, and the proceedings shall be amended to require the violators of BMC 9.12.020 to show cause why the restraining order on the unlawful contract/agreement should not be made permanent, and the complainant’s application be considered and/or accepted. (Ord. 28.4 § 5, 1968)
9.12.060 Exclusions.
Nothing in this chapter shall be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants of property on the basis of facts other than race, color, religion, ancestry, national origin, or sex. (Ord. 28.4.A § 3, 1975: Ord. 28.4 § 6, 1968)
9.12.070 Violation – Penalty.
A violation of this chapter shall be a misdemeanor and may be prosecuted as a criminal action with a fine not to exceed two hundred fifty dollars or may be redressed by a civil action, at the option of the city. Each act of unlawful discrimination which occurs with a different complainant and/or different property shall constitute a separate offense and may be punishable as such. (Ord. 28.4.A § 4, 1975: Ord. 28.4 § 7, 1968)