The governing body of the city hereby declares it to be the public policy of said city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain funding of real property without regard to race, color, sex, national origin or ancestry and religion. This article shall be deemed an exercise of the police powers of the city for the protection of the public, welfare, prosperity, health and peace of the people of the city. 

(Ord. 1185, Sec. 1)

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 – includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

(b)   Unlawful discriminatory housing practices – means any discrimination or segregation or separation against any person or group of persons because of race, color, sex, national origin or ancestry, and religion, and shall include only those unlawful practices and acts as set forth in section 5-403.

(c)   Owner – means and includes the owners, lessee, sublessee, assignee, manager, agent or other person, having the right to sell, rent or lease any housing accommodation or real property within the corporate limits of the city.

(d)   Real estate broker – means any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person.

(e)   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.

(f)   Financial institution – means any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.

(g)   Real property – includes all real estate, leaseholds and any vacant land offered for sale or rent.

(h)   Housing accommodations – means:

(1)   Any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons.

(2)   The term housing accommodation shall not mean or include (i) The rental of a dwelling or a portion thereof, containing accommodations for no more than two families, one of which is occupied by the owner or his or her family at the time of rental. (ii) The rental of less than four rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he, she or members of his or her family reside. 

(Ord. 1185, Sec. 2)

It shall be unlawful discriminatory housing practice for the owner, real estate broker, real estate salesman, or employees or agent thereof:

(a)   To refuse to sell, rent, assign, lease or sublease or offer for sale, rental, lease, assignment, or sublease or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental assignment, lease or sublease of the property or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of the race, color, sex, religion, national origin, or ancestry of such person.

(b)   To discriminate against any person because of his or her race, color, sex, religion, national origin or ancestry in the terms, conditions or privileges of the sale, lease, rental assignment or sublease of any housing accommodations or real property or part or portion thereof or in the furnishing of facilities or services in connection therewith; or,

(c)   To print, publish, circulate, issue, display, post or mail, or cause to be printed, published, circulated, issued, displayed, posted, or mailed, any statement, advertisement, publication or sign, or use any form of application for the purchase, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, sex, religion, national origin or ancestry or any intent to make any such limitation, specification or discrimination. 

(Ord. 1185, Sec. 3)

It shall be unlawful for any person or financial institution or loan institution to which application is made for financial assistance for the purchase, acquisition or construction of any housing accommodations or real property or part or portion thereof or any agent or employee thereof:

(a)   To discriminate against any person because of the race, color, sex, religion, national origin or ancestry of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing or in the fixing of the rates, terms, conditions or provisions of any such financial assistant or in the extension of services in connection therewith; or,

(b)   To use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination. 

(Ord. 1185, Sec. 3)

It shall be unlawful for any person, owner, real estate broker, real estate salesman, or agent thereof:

(a)   To discriminate against any person because of the race, color, sex, religion, national origin or ancestry of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing or in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of services in connection therewith; or,

(b)   To use any form of application for such financial assistance or to make any record of inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, sex, religion, national origin or ancestry, or any intent to make any such limitation, specification or discrimination. 

(Ord. 1185, Sec.5)

It shall be unlawful for any person, owner, real estate broker, real estate salesman, or agent thereof:

(a)   To discriminate or to engage in economic or other reprisals against another person because such person complies with the provisions of this article or has opposed any practice forbidden under this act or has filed a complaint, testified or assisted in any proceedings under this article.

(b)   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 article or to obstruct or prevent compliance with the provisions of this article to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.

(c)   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 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, sex, or national origin or color 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 anti-social behavior in the area;

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

(Ord. 1185, Sec. 3)

Nothing in this article shall prohibit a religious organization, association or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rentals 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. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members. 

(Ord. 1185, Sec. 4)

(a)   Any person claiming to be aggrieved of an unlawful discriminatory housing practice, hereinafter referred to as a “complainant” may on his own behalf or by his or her attorney, make, sign and file with the city clerk a complaint in writing, under oath, which shall state the name and address of the person alleged to have committed an unlawful discriminatory housing practice. The city clerk will then refer the complaint to the city building inspector. The complaint shall set forth the particulars thereof and contain such other information as may be required by the city clerk.

(b)   Alternatively, the city building inspector may issue, in like manner, a verified complaint of an alleged unlawful discriminatory housing practice.

(c)   Any complaint filed under this article must be filed within 30 days after the date of the alleged incident.

(d)   In the event of a complaint being filed pursuant to this section, a true copy of such complaint shall forthwith be transmitted by certified United States mail, postage prepaid, addressed to the person complained against.

(e)   Every complaint of a violation of this article shall be referred to the city clerk. The city building inspector 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. If the city building inspector, after investigation, finds there is no merit for this complaint, the same shall be dismissed. If the city building inspector finds that there is merit to the complaint, in his or her opinion, then and in that event, the city building inspector will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(f)   If the city building inspector, within 30 days from the receipt of such complaint is unable to eliminate the alleged discriminatory practice by a conference or conferences and conciliation, then the city clerk shall return the complaint to the city attorney for handling. After the final determination of whether or not to prosecute on the complaint, the city attorney may commence a proceeding in the municipal court for the prosecution of the complaint as permitted by law. 

(Ord. 1185, Sec. 5)

(a)   Any person violating any of the provisions of this article shall upon conviction be deemed guilty of a misdemeanor.

(b)   Any person making false, malicious or unfounded accusations against any person under oath or under the provisions of this article shall, upon conviction, be deemed guilty of a misdemeanor.