Chapter 9.20
HOUSING DISCRIMINATION

Sections:

9.20.010    Policy.

9.20.020    Definitions.

9.20.030    Discrimination in the sale or rental of housing.

9.20.040    Discrimination in the financing of housing.

9.20.050    Discrimination in the provision of brokerage service.

9.20.060    Exemption.

9.20.070    Acts not prohibited.

9.20.080    Requiring references.

9.20.090    Interference or intimidation.

9.20.100    Penalty for violation of this chapter.

9.20.010 Policy.

It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city. (Prior code § 21.01)

9.20.020 Definitions.

As used in this chapter:

“Discriminatory housing practice” means an act that is unlawful under Sections 9.20.030 through 9.20.050.

“Dwelling” means 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.

“Family” includes a single individual.

“Person” means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

“To rent” means to lease, to sublease, to let and otherwise to grant, for a consideration, the right to occupy premises not owned by the occupant.

(Prior code § 21.02)

9.20.030 Discrimination in the sale or rental of housing.

A.    Prohibitions. It is unlawful:

1.    To refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion or national origin;

2.    To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion or national origin;

3.    To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion or national origin, or an intention to make any such preference, limitation or discrimination;

4.    To represent to any person because of race, color, religion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is, in fact, so available;

5.    For profit, to induce or attempt to induce 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 or national origin.

B.    Exemptions. Subsections (A)(1), (2), (4) and (5) of this section shall not apply to the following:

1.    Any single-family house sold or rented by an owner; provided, such private individual owner does not own more than three such single-family houses at any one time; provided further, in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period; provided further, such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:

a.    Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person,

b.    Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (A)(3) of this section; but nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title;

2.    For the purposes of this subsection, a person shall be deemed to be in the business of selling or renting dwellings if:

a.    He has, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

b.    He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

c.    He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families;

3.    Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such living quarters as his residence. (Prior code § 21.03)

9.20.040 Discrimination in the financing of housing.

No bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans shall deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, nor shall discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of race, color, religion or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided, this section shall not impair the scope or effectiveness of the exception contained in Section 9.20.030(B)(1) of this chapter. (Prior code § 21.04)

9.20.050 Discrimination in the provision of brokerage service.

It is unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation, on account of race, color, religion or national origin. (Prior code § 21.05)

9.20.060 Exemption.

Nothing in this chapter shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public which, as an incident to its primary purpose or purposes, provided lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Prior code § 21.06)

9.20.070 Acts not prohibited.

Nothing in this chapter shall prohibit selling or refusing to sell, leasing or refusing to lease, financing or refusing to finance, or contracting or refusing to contract for the construction of housing for any person for any reason other than because of race, religion, national origin or ancestry. (Prior code § 21.09)

9.20.080 Requiring references.

Nothing in this chapter shall prohibit an owner or his agent or a lessee seeking to sublease or assign his lease from requiring that an applicant supply information concerning his family, marital, financial and business status, but not concerning race, color, physical condition, disability, sexual orientation, age, ancestry, national origin, religion or creed. (Ord. 1768 § 1, 2000: prior code § 21.11)

9.20.090 Interference or intimidation.

It is unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter. (Prior code § 21.12)

9.20.100 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 7, 2019: prior code § 21.13)