DIVISION II. MISCELLANEOUS OFFENSES
Chapter 7.20
DISCRIMINATION IN HOUSING
Sections:
7.20.010 Policy.
It is declared to be the policy of the town, in the exercise of its police power for the public safety, public health, and public welfare, equal protection under law and good government and to assure equal residential opportunity to all persons regardless of race, color, religion, ancestry or national origin, and to that end to prohibit certain types of discrimination in residential use, ownership, sale and rental by any person, including real estate brokers, real estate salesmen and agents, and owners of real property. (Ord. 50 § 1, 1968)
7.20.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this section:
A. "Discriminate" or "discrimination" includes any difference in treatment in the sale, lease, rental or financing of residential housing because of race, color, religion, ancestry or national origin.
B. "Housing accommodation" or "dwelling" includes any dwelling, residence, lot or parcel of land in the town which is occupied, used, intended for occupancy, or to be used, or arranged or designed to be used as, or improved with, a residential structure for one or more persons.
C. "Owner" includes the lessee, sublessee, assignee, managing agent, or any person having title or right to ownership or possession, or the right to sell, rent or lease, on his own behalf or on behalf of another, any residence.
D. The term "person" includes an association, partnership or corporation, as well as a natural person. The term "person" as applied to partnerships or other association shall be deemed to include their members, and as applied to corporations shall be deemed to include their officers.
E. "Real estate broker" means any natural person, partnership, association or corporation, who for a fee or other valuable consideration sells, purchases, exchanges or rents, or negotiates, or offers or attempts to negotiate the sale, purchase, exchange or rental of the real property of another, or holds himself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another, or collects rental for the use for the real property of another.
F. "Real estate salesman or agent" means any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker. (Ord. 50 § 2, 1968)
7.20.030 Exclusions.
Nothing in this chapter shall:
A. Apply to the renting, subrenting, leasing or subleasing of a residence wherein the owner normally maintains, or intends to maintain, his residence, home or abode.
B. Apply to the renting, subrenting, leasing or subleasing of a residence, either on a temporary basis or casual basis and not the principal reason for the acquisition of the rental unit.
C. Be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants of property or the basis of facts other than race, color, religion, ancestry or national origin. (Ord. 50 § 3, 1968)
7.20.040 Prohibited acts.
It is unlawful for:
A. Any real estate broker or real estate salesman or agent to refuse to sell, lease, sublease, rent, assign or otherwise transfer, to refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold, or other interest in any residence to any person, or to represent that a residence is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer, when in fact it is so available, or otherwise to deny or withhold any housing unit from any person because of race, color, religion, ancestry or national origin;
B. Any owner to refuse to sell, lease, sublease, rent, assign or otherwise transfer the title, leasehold or interest in any residence to any person, or otherwise to deny or withhold such residence from any person solely because of race! color, ancestry or national origin;
C. Any real estate broker or real estate salesman or agent to include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any residence, any clause, condition or restriction discriminating against any person in the use or occupancy of such residence because of race, color, religion, ancestry or national origin;
D. Any owner to include in the terms, conditions, or privileges of the sale, lease, sublease, rental, assignment or other transfer of any residence, any clause, condition or restriction discriminating against any person in the use or occupancy of such residence because of race, color, religion, ancestry or national origin;
E. Any real estate broker or real estate salesman or agent to discriminate in the furnishing of any facilities or services for any residence because of race, color, religion, ancestry or national origin;
F. Any owner to discriminate in the furnishing of any facilities or services for a residence because of race, color, religion, ancestry or national origin;
G. Any real estate broker, real estate salesman or agent, owner, or any other person, to publish or circulate, or to cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of residences, or to make any record or inquiry in connection with the prospective purchase, rental or lease of residences that expresses directly or indirectly any limitation, specification or discrimination as to race, color, religion, ancestry or national origin, or any intent to make any such limitation, specification, or discrimination;
H. Any person to aid, incite, compel, coerce, or participate in the doing of any act declared by this chapter to be unlawful. (Ord. 50 § 4, 1968)
7.20.050 Violation--Penalty.
A violation of any of the provisions of this chapter shall be a misdemeanor. (Ord. 50 § 5, 1968)