The Governing Body of the City hereby declares it to be the public policy of the City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, or obtain real property without regard to race, religion, color, sex, disability, familial status, national origin or ancestry. This Article shall be deemed an exercise of the policy powers of the City for the protection of the public welfare, prosperity, health and peace of the people of the City.

(Ord. 1148, Sec. 1, Ord. 2123; Code 2002, 8‑701; Code 2014)

For the purpose of this Article the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:

(a)   Person shall include any individual, firm, partnership or corporation.

(b)   Discriminate. To make distinctions in treatment because of race, religion, color, sex, disability, familial status, national origin or ancestry of any person.

(c)   Familial Status means having one or more individuals less than 18 years of age domiciled with: (1) A parent or another person having legal custody of such individual or individuals: or (2) the designee of such parent or other person having such custody, with the written permission of such parent of other person.

(Ord. 1148, Sec. 2; Ord. 2123; Code 2002, 8‑702; Code 2014)

It shall be a discriminatory practice and unlawful:

(a)   For any person, having the right, responsibility, or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to refuse to sell, rent, lease, assign, or sublease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein, to any person because of the race, religion, color, sex, disability, familial status, national origin or ancestry of the person.

(b)   For any person, having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any art or portion thereof or interest therein, to impose upon any person because of the race, color, religion, sex, physical handicap, ancestry, familial status or national origin of such person unusual, extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person because of race, religion, color, sex, disability, familial status, national origin or ancestry and which would not be required of other persons.

(c)   For any person, engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair, or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to discriminate because of race, religion, color, sex, disability, familial status, national origin or ancestry of any person applying for loans or guarantees or mortgages in ending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to place unusual, extraordinary, onerous rates            of interest, terms or conditions on the lending of money, the guaranteeing of the acceptance of the mortgages or the availability of such funds.

(d)   For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, because of the race, religion, color, sex, disability, familial status, national origin or ancestry of any person making application for such facilities or services.

(e)   For any person in the real estate business, whether a dealer, broker, or regardless of the capacity in which serving to discriminate in the selling, renting, leasing, assigning or subleasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, against any person because of race, religion, color, sex, disability, familial status, national origin or ancestry of       such person and further, to indicate in any way that any dwelling unit, commercial unit, real property or any part of portion thereof or interest therein, is not available for inspection, sale, rental, lease, assignment or sublease, or otherwise to deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, from any person because of race, religion, color, sex, disability, familial status, national origin or ancestry of such person.

(f)   For any person to include in any agreement relating to the sale, rental, lease, assignment or sublease of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, as a condition of the transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sublease the dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, to any person because of race, religion, color, sex, disability, familial status, national origin or ancestry of such person.

(g)   For any person to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person because such person complies with the provisions of this ordinance or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceeding under this ordinance.

(h)   For any person to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the provisions of this ordinance, or to obstruct or prevent compliance with the provisions of this ordinance, or to attempt directly or indirectly to commit any act declared by this ordinance to be a discriminatory practice.

(i)    For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, religion, color, sex, disability, familial status, national origin or ancestry in the area will or may result in:

(1)   The lowering of property values;

(2)   A change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;

(3)   An increase in criminal or antisocial behavior in the area;

(4)   A decline in the quality of the schools serving the area.

(j)    To make any presentations to any prospective seller, real estate            broker, salesperson, agent, owner, or to any financial institution for the purpose of obtaining facts or evidence of a discriminatory practice when such representation is not made for a bona fide purchase, rental or lease of real property; provided, however, this Section shall not apply to any person employed by the City or the State whose duty it is to assist in the prosecution of violations of civil rights relating to open housing.

(k)   For any person having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase, rental, lease, sublease or assignment, listing, showing or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, by persons of a particular race, religion, color, sex, disability, familial status, national origin or ancestry is unwelcome, objectionable, not acceptable, or not solicited.

(Ord. 1148, Sec. 3, Ord. 2123; Code 2002, 8‑703; Code 2014)

The provisions of this Article shall not apply to the following:

(a)   Any bona fide religious institutions with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.

(b)   A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or members of his or her family reside in such dwelling unit.

(c)   A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of his or her family reside therein.

(Ord. 1148, Sec. 4; Code 2002, 8‑704; Code 2014)

There is hereby created a board to be known as the Human Relations Advisory Board. The board shall consist of not less than five (5) and not to exceed nine (9) members to be drawn from diverse segments of the community, who shall be citizens of the City and who shall be appointed by the Mayor, with the consent of the Governing Body. The terms of office of the members of the board shall be for three (3) years or until his or her successor is appointed. The terms of office of the members initially appointed shall be as follows:

All members to serve until their appointments expire or until their successors are appointed. No member shall serve more than two (2) successive full terms, regardless of the length of the terms.

The board may elect by secret ballot one (1) of its members as chairperson, who shall preside at all meetings of the board and shall perform all duties and functions of the chairperson thereof. The board may elect, in the same manner, one (1) of its members as vice chairperson who shall act as chairperson during the absence or incapacity of the chairperson, and when so acting, the vice chairperson shall have and perform all the duties and functions of the chairperson. In the event neither the chairperson nor vice chairperson can attend a regular or special meeting, the chairperson shall designate a member of the board as acting chairperson for that meeting only. The term of office of the chairperson and vice chairperson shall be for one (1) year, and no person shall serve for more than two (2) consecutive terms in the same office, unless such election to the immediately subsequent term be made by the members of the board by a unanimous vote. The chairperson or vice chairperson may resign from his or her office at any time during his or her term and may do so without resigning from the board. In such event, the board shall elect another member to replace him or her and such person shall serve the unexpired term of office of the person he or she replaces. A majority of the presently serving members of the board shall constitute a quorum for the purpose of conducting business thereof. The members of the board shall serve without compensation.

(Ord. 1148, Sec. 5; Code 2002, 8‑705; Code 2014)

There is hereby created the position of human resources director of the City to be appointed by and directly responsible to the City Manager. Among the duties to which the director shall be assigned is that of administrative staff member to the board. The salary of the director shall be fixed by the Governing Body.

(Ord. 1148, Sec. 6; Code 2002, 8‑706; Code 2014)

(a)   Any person claiming to have been subjected to any discriminatory practice as defined by this Article may file a complaint by appearing before the human relations board of the City and furnishing such information as the human relations board may require. Any complaint filed pursuant to this Section must be filed with the human relations board within 60 days of the date of the alleged incident. Complaints may also be filed in writing with the human resources director or the City Clerk.

(b)   Every complaint of a violation of this Article shall be referred to the human relations advisory board of the City. The human relations advisory board shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. Upon the filing of a complaint, the human relations advisory board shall notify in writing the person who is charged by the complaint and may designate three (3) of its members to make a prompt and full investigation of the unlawful discriminatory housing practice alleged, or may direct investigation to be made by the human resources director or such other person or persons they shall designate. Such human relations committee or other investigator shall make a determination and report to the full board the findings of their investigation within thirty (30) days after original receipt of such complaint by the human relations advisory board, provided that for good cause shown, the human relations advisory board chairperson may grant one additional thirty (30) day period to make findings. If the human relations advisory board, after its investigation and the investigation, if any, conducted by authorized employees of the City, finds that there is no merit to the complaint, the same shall be dismissed. If the human relations advisory board finds that there is merit to the complaint, in their opinion, then and in that event, the human relations advisory board will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(c)   If the human relations advisory board is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the human relations advisory board shall forward the complaint together with the report of the board as a whole to the Governing Body of the City who shall direct further action as they deem appropriate.

(Ord. 1148, Sec. 7; Code 2002, 8‑707; Code 2014)

The provisions of this Article are severable and if any provision, sentence, clause, section or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Article or their application to other persons or circumstances. It is hereby declared to be the intent of the Governing Body that this Article would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section, or part had not been included therein, and if the person or circumstances to which the Article or any part thereof is inapplicable had been specifically exempted therefrom.

(Ord. 1148, Sec. 8; Code 2002, 8‑708; Code 2014)