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HomeMy WebLinkAboutORD 74-50ORDINANCE NO. D4—:5�d ENTITLED AN ORDINANCE AMENDING CHAPTER 12A OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE THERETO, NUMBERED ARTICLE III; DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EVERY PERSON TO ADEQUATE HOUSING OF HIS CHOICE WITHOUT REGARD TO RACE, COLOR, RELI- GION, OR NATIONAL ORIGIN; DEFINING TERMS; PRO- HIBITING DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLINGS; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; PROVIDING FOR THE POSITION OF FAIR HOUSING ADMINISTRATOR; SETTING UP .A PROCEDURE FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR INVESTIGATION PROCEDURES; PROVID- ING FOR CERTIFICATION OF ADMINISTRATOR'S FINDINGS TO THE CITY ATTORNEY; AUTHORIZING CITY ATTORNEY TO INSTITUTE PROCEEDINGS IN MUNICIPAL COURT; STATING THAT REMEDIES CONTAINED HEREIN ARE NOT ADMINISTRATIVE PREREQUISITES TO ACTION UNDER OTHER LAWS;, AUTHORIZING THE ADMINISTRATOR TO CONDUCT EDUCATIONAL AND PUBLIC INFORMATION PRO- GRAMS; AUTHORIZING COOPERATIOM WITH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; FORBIDDING IN- TIMIDATION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH, AND PROVID- ING FOR A FINE OF NOT MORE THAN TWO HUNDRED DOL- LARS ($200.00) FOR EACH VIOLATION HEREOF. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1. That Chapter 12A of the Code of Ordinances of the City of Beaumont is amended by adding a new article thereto, numbered Article III, which new Article III shall read as follows: ARTICLE III. Fair Housing -Anti -Discrimination Sec. 12A-19. Declaration of policy. (a) It is hereby declared to be the policy of the City of Beaumont to bring about, through fair-, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his race, color, religion, or national origin. (b) It is further declared that this policy is based upon 6 a recognition of the right of every person to have access to adequate housing of his own choice without regard to race, color, religion or national origin; and further, that the denial of such right through considerations based upon race, color, religion or national origin is detrimental to the health, safety and welfare of the inhabitants of the City of Beaumont and constitutes an unjust denial or deprivation of such rights which is within the power and proper responsibility of government to prevent. Sec. 12A-2-0. Definitiori'of to"rms. As used in this ordinance, (a) "Administrator" means the City Manager or an individual designated as Fair Housing Administrator by the City Manager. (b) "Dwelling" means any building, structure, or portion there- of which is occupied as, or designed and 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. (c) "Family" includes a single individual. (d) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organi- zations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character. (e) "To Rent" includes to lease, to sublease, to let and other- wise to grant for a consideration the right to occupy premises not owned by the occupant. (f) "Discriminatory housing practice" means an act that is un- lawful under Sections 12A-21, 12A-22 and 12A-23 of this Article. Sec. 12A-21. Discrimination in the sale or rental of housing. Except as exempted by Section 12-A-24, it shall be unlawful for any person, (a) 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 -2- make unavailable or deny, a dwelling to any person because of race, color, religion or national origin. (b) 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. (c) 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. (d) 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. (e) For profit, or with the hope or expectation of 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 neigh- borhood of a person or persons of a particular race, color, religion or national origin. Sec. 12A-22. Discrimination in the financing of 'h'ousing. It shall be unlawful for any 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, to deny a loan or other financial assistance to a per- son applying therefor for the purpose of purchasing, constructing, im- proving, repairing or maintaining a dwelling, or to 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 the race, color, religion or national origin of such person or of any person associated with him in connection with such loan or other financial assis- tance for the purposes of such loan or other financial assistance, or if the present or prospective owners, lessees, tenants or occupants of the -3- dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Sec. 12A-23. Discrimination in the'provisioii of brokerage services. It shall be 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 participa- tion, on account of race, color, religion or national origin. Sec. 12A-24. Exemptions 'and exclusioris. (a) There shall.be exempted from the application of Section 12A-21: (1) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three such single-family houses, wherever located, at any one time: Provided further, that 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, that such bona fide private individual owner does not own any interest in nor is there owned or reserved on his be- half, 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 title only if such house is sold or rented: a. without the use in any manner of the sales or rental facilities or services of any real estate broker,,egent 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 and -4- b. without the publication, posting or mailing of any advertisement or written notice in violation of Section 12A -21(c) of this Article; but nothing in this section 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) The rental of 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 mairrtains and occupies one of such living Quarters as his residence. (b) Nothing in the Article shall prohibit a religious organi- zation 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 perference to such persons, unless membership in such religion is restricted on account of race, color or national origin. (c) Nothing in the Article shall prohibit a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members. Sec. 12A-25. Fair 'Housing Admiriis'trat'or. (a) The City Manager shall appoint himself or some other com- petent person as the Fair Housing Administrator who shall have the re- sponsibility for implementing this Article. (b) The Fair Housing Administrator shall be provided with suf- ficient staff support to perform his duties as required by this Article. Sec. 12A-26. ' Complaints. (a) Any person who claims to have been injured by a discrimina- tory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is Ebout to occur (hereafter referred to as "person aggrieved") may file a complaint with the Adminis- -5- trator. Any complaints shall be in writing and shall identify the per- son alleged to have committed or alleged to be about to commit the dis- criminatory housing practice and shall set forth the particulars thereof. The Administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them upon request,without charge, to any person aggrieved. The Administrator and employees of his office may assist in the clerical preparation of such complaints. (b) The Administrator shall receive., and accept notification and referral of complaints from the Secretary of the U. S. Department of Housing and Urban Development pursuant to the provisions of Title VIII - Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved. (c) If, in the course of any investigation of a complaint filed with or referred to the Administrator, he shall receive credible evidence and shall have probable cause to believe that the person or persons named in such complaint has committed a discriminator, housing practice not stated in such complaint, the Administrator may prepare and file a sup- plementary complaint upon his own motion and in his own nam.e and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved. (d) If at any time the Administrator shall receive or discover credible evidence and shall have probable cause to believe that any per- son or persons has committed.a discriminatory housing practice as to which no complaint has been filed nor is about to be filed, the Adminis- trator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved. (e) Upon the filing or referral of any complaint, the Adminis- trator shall furnish a copy,of the same to the person or persons named in the complaint. (f) A complaint under subsections (a), (c), (d) and (e) of MOZ • V- this Section shall be filed within 180 days after the alleged discrimi- natory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints maybe reasonably, or fairly amended at any time. A respondent may file an answer to the complaint against him and, with the leave of the Administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. A copy of any amendment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answers shall be signed by the persons making them. Sec. 12A-27. Investigation. (a) Upon the filing of a complaint valid on its face as herein provided, the Administrator shall cause to be made a prompt investiga- tion of the matter stated in the complaint. (b) In connection with such investigation, the Administrator may question and take and record testimony and statements of such per- sons who appear and may examine, record and'copy documents which are produced. (c) During or after the investigation, the Administrator shall, if it appears that a discriminatory housing practice has occurred, or is about'to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance or rectification of the discriminatory housing practice and voluntary compliance and adequate assurance of future voluntary compliance with the provisions of this Article. (d) In the event conciliation is effected, the Administrator shall disclose nothing said or done in the course of such conciliation in such a way as to make public identification of the person or persons named in the complaint without the written consent of the person concerned. Sec. 12A-28. Certifi'catio'n.to City'Attorney. Upon.completion of the investigation and informal endeavors at conciliation by the Administrator, but within thirty (30) days of the filing of the complaint with the Administrator, and if the Administrator -7- ' � • 8--13 -I 9 7 �� has concluded that a discriminatory housing practice has occurred, and the efforts of the Administrator to secure voluTary compliance have been unsuccessful, the Administrator shall certify in writing to the City. Attorney that such discriminatory housing practice has occurred and request the' -City Attorney to forthwith prosecute such violation in Municipal Court. Sec. 12A-29. Legal procedures. (a) Upon certification by the Administrator the City Attorney shall institute a charge in Municipal Court and prosecute the same to final conclusion as rapidly as practicable. (b) It is the intent of this Article to increase the available remedies which citizens may have to insure their rights under federal, state or local statutory or case law. Therefore nothing in this Article shall be construed as an administrative prerequisite to a citizen pursu- ing his rights under any other federal, state, or local statute, case decision, or administrative ruling. Sec. 12A-30. Education and public information. In order to.further the objectives of this. Article, the Adminis- trator may conduct educational and public information programs designed to acquaint the general public with the provisions and objectives of this Article. Sec. 12A-31. Cooperation with Secretary of Housing and Urban Devello ment. The Administrator is authorized and encouraged to cooperate with the Secretary of the U. S. Department of Housing and Urban Development pursuant to the provisions of Title VIII - Fair Housing Act of 1968, Public Law 90-284, and may render such service to the Secretary as they shall deem appropriate to further the policies of this Ar-ticle; the City Manager may accept reimbursement form the Secretary for services rendered to assist him in carrying out the provisions of.the above cited federal law. Sec. 12A-32. Unlawful intimidation. It shall be unlawful for any person, whether or not acting under color of law, by force or threat of force willfully to injure, intimi- date or interfere with any person because of his race, color, religion or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiation for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings. SECTION 2. Should any section, subsection, sentence, provision, clause or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause or phrase of this ordinance. SECTION 3. That all ordinances or parts of ordinances inconsistent or in conflict herewith are hereby :expressly repealed. SECTION 4. That any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than Two Hundred Dollars ($200.00) for each violation hereof, and each day such violation shall be permitted to exist shall constitute a separate offense. PASSED BY THE CITY COUNCIL of the City of Beaumont this the " day, of 1974. / W-0 am