It is the policy of this city to provide, within constitutional limitations, for equal housing opportunity in the City of Cape Coral.

(Ord. 74-23, § 2, 9-20-2023)

(a)

The general purposes of this article are to:

(1)

Provide for execution within the city the policies embodied in Title VIII of the Federal Civil Rights Act of 1968, as amended by the Federal Fair Housing Act Amendments of 1988.

(2)

Secure for all individuals within the city, the freedom from discrimination because of race, color, religion, national origin, sex, familial status, or disability in connection with housing and thereby to promote the interests, rights and privileges of individuals within the city.

(b)

This article shall be liberally construed to preserve the public safety, health and general welfare and to further the general purposes stated in this section.

(Ord. 74-23, § 2, 9-20-2023)

For the purposes of this Chapter, the term:

AGGRIEVED PERSON includes any person who:

(a)

Claims to have been injured by a discriminatory housing practice; or

(b)

Believes he or she will be injured by a discriminatory housing practice that is about to occur.

COVERED MULTIFAMILY DWELLING means:

(a)

A building which consists of four (4) or more units and has an elevator; or

(b)

The ground floor units of a building which consists of four (4) or more units and does not have an elevator.

DISCRIMINATORY HOUSING PRACTICE means an act that is unlawful under the terms of Article 2.

DISABILITY means a person who has a physical or mental impairment, which substantially limits one (1) or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment (excluding current illegal use or addiction to a controlled substance).

DWELLING means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or any portion thereof.

FAMILIAL STATUS is established when one (1) or more individuals who has not attained the age of eighteen (18) years is domiciled with:

(a)

A parent or other person having legal custody of such individual; or

(b)

A designee of a parent or other person having legal custody, with the written permission of such parent or other person.

(c)

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

FAMILY includes a single individual.

HOUSING FOR OLDER PERSONS means housing:

(a)

Provided under any state or federal program that the Secretary of the U.S. Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

(b)

Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

(c)

Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit and at least eighty (80) percent of the occupied units are occupied by at least one (1) person who is fifty-five (55) years of age or older and complies with the provisions set forth in section 16-8 of this article.

PERSON includes one (1) 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.

RESIDENTIAL REAL ESTATE TRANSACTION means any of the following:

(a)

The making or purchasing of loans or providing other financial assistance;

(1)

For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(2)

Secured by residential real estate; or

(b)

The selling, brokering or appraising of residential real property.

RESPONDENT means the person or other entity accused in a complaint of an unfair housing practice.

SEX means either male or female.

TO RENT includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Ord. 74-23, § 2, 9-20-2023)

(a)

It is unlawful 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 to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, disability, familial status, or religion.

(b)

It is unlawful 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, national origin, sex, disability, familial status, or religion.

(c)

It is unlawful 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, national origin, sex, disability, familial status, or religion or an intention to make any such preference, limitation, or discrimination.

(d)

It is unlawful to represent to any person because of race, color, national origin, sex, disability, familial status, or religion that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(e)

It is unlawful, for profit, to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, sex, disability, familial status, or religion.

(f)

It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

(1)

That buyer or renter;

(2)

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3)

Any person associated with the buyer or renter.

(g)

It is unlawful 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 with such dwelling, because of a disability of:

(1)

That buyer or renter;

(2)

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3)

Any person associated with the buyer or renter.

(h)

For purposes of subsections (f) and (g), discrimination includes:

(1)

A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; or

(2)

A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

(i)

Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one (1) building entrance on an accessible route. Such buildings shall also be designed and constructed in such a manner that:

(1)

The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities.

(2)

All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair.

(j)

All premises within such dwellings shall contain the following features of adaptive design:

(1)

An accessible route into and through the dwelling.

(2)

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

(3)

Reinforcements in bathroom walls to allow later installation of grab bars.

(4)

Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.

(5)

Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for persons with physical disabilities, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of this subsection.

(6)

Compliance with a duly enacted law of a state or unit of local government that includes the requirements of this subsection suffices to satisfy the requirements of this subsection.

(7)

State and local agencies with building construction regulation responsibility may review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection. Determinations of compliance or non-compliance by a State or unit of local government under this paragraph are not conclusive in enforcement proceedings under this article.

(8)

This subsection does not invalidate or limit any law of a state or unit of local government that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this subsection.

(Ord. 74-23, § 2, 9-20-2023)

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 or her in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, sex, disability, familial status, or religion.

(Ord. 74-23, § 2, 9-20-2023)

(a)

It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such transaction because of race, color, national origin, sex, disability, familial status, or religion.

(b)

It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling, or which is to be secured by a dwelling because of race, color, national origin, sex, disability, familial status, or religion. Prohibited practices include but are not limited to, failing or refusing to provide to any person, in connection with a residential real estate-related transaction, information regarding the availability of loans or other financial assistance, application requirement, procedures or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others because of race, color, national origin, sex, disability, familial status, or religion.

(c)

It shall be unlawful for any person or entity engaged in the purchase of loans or other debt securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases because of race, color, national origin, sex, disability, familial status, or religion. Prohibited practices include but are not limited to, purchasing loans in certain communities and not others, pooling or packaging loans differently, or imposing different terms or conditions on the marketing or sale of securities issued on loans or other debt securities which relate to or were secured by dwellings, because of race, color, national origin, sex, disability, familial status, or religion. This section does not prevent the consideration, in the purchase of loans, of factors justified by business necessity relating to the financial security of a transaction or to protect against default or reduction in the value of the security.

(d)

It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose terms or conditions for the availability of such loans, including the type of loan, the amount of the loan, the interest rate, the duration of the loan or terms of a loan or other financial assistance because of race, color, national origin, sex, disability, familial status, or religion. Unlawful conduct includes but is not limited to using different policies, practices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of a loan or any other financial assistance for a dwelling or financing secured by residential real estate because of race, color, national origin, sex, disability, familial status, or religion.

(e)

It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering, or appraising of residential real property to discriminate against any person in making available such services or in the performance of such services because of race, color, national origin, sex, disability, familial status, or religion. Unlawful practices include but are not limited to, using an appraisal of residential real estate with the sale, rental or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, national origin, sex, disability, familial status, or religion. Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, national origin, sex, disability, familial status, or religion.

(Ord. 74-23, § 2, 9-20-2023)

(a)

Nothing in sections 16-4—16-6, with the exception of subsection 16-4(c) applies to:

(1)

Any single-family house sold or rented by an owner, provided such private individual owner does not own more than three (3) single-family houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in such house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this paragraph applies only with respect to one (1) sale within any 24-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his or her 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 (3) single-family houses at any one time. The sale or rental of any single-family house shall be excepted from the application of sections 16-4 through 16-6 only if the 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 salesperson or 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, salesperson, or person; and

b.

Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection 16-4(c).

c.

Nothing in this provision prohibits the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title.

(2)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his or her residence.

(3)

For the purposes of paragraph (1), a person is deemed to be in the business of selling or renting dwellings if the person:

a.

Has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or interest therein;

b.

Has, within the preceding twelve (12) months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or interest therein; or

c.

Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(b)

Nothing in sections 16-4 through 16-6 prohibits 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 any dwelling 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.

(c)

Nothing in sections 16-4 through 16-6 prohibits 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 or from giving preference to its members.

(d)

Nothing in sections 16-4 through 16-6 requires any person renting or selling a dwelling constructed for first occupancy before March 13, 1991, to modify, alter, or adjust the dwelling in order to provide greater access than is required by subsections 16-4(f)—(h) and as otherwise may be required by law.

(e)

Nothing in sections 16-4 through 16-6:

(1)

Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, national origin, sex, disability, familial status, or religion;

(2)

Limits the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling;

(3)

Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others;

(4)

Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by F.S. § 893.02.

(Ord. 74-23, § 2, 9-20-2023)

(a)

The provisions regarding familial status in this part shall not apply to housing intended and operated for older persons as defined in section 16-3 above.

(b)

Housing as defined in section 16-3 qualifies for this exemption if:

(1)

The alleged violation occurred before December 28, 1995 and the housing community or facility complied with the HUD regulations in effect at the time of the alleged violation; or

(2)

The alleged violation occurred on or after December 28, 1995 and the housing community or facility complies with:

a.

Section 807(b)(2)(C) (42 U.S.C. 3607(b)) of the Fair Housing Act as amended; and

b.

24 CFR 100.305, 100.306, and 100.307.

(c)

For purposes of this subpart, housing facility or community means any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. A portion or portions of a single building shall not constitute a housing facility or community. Examples of a housing facility or community include, but are not limited to:

(1)

A condominium association;

(2)

A cooperative;

(3)

A property governed by a homeowners' or resident association;

(4)

A municipally zoned area;

(5)

Leased property under common private ownership;

(6)

A mobile home park; and

(7)

A manufactured housing community.

(d)

For purposes of this subpart, older person means a person fifty-five (55) years of age or older.

(e)

In order for a housing facility or community to qualify as housing for older persons under this section at least eighty (80) percent of its occupied units must be occupied by at least one (1) person fifty-five (55) years of age or older.

(f)

For purposes of this subpart, occupied unit means:

(1)

A dwelling unit that is actually occupied by one (1) or more persons on the date that the exemption is claimed; or

(2)

A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.

(g)

For purposes of this subpart, occupied by at least one (1) person fifty-five (55) years of age or older means that on the date the exemption for housing designed for persons who are fifty-five (55) years of age or older is claimed:

(1)

At least one (1) occupant of the dwelling unit is fifty-five (55) years of age or older; or

(2)

If the dwelling unit is temporarily vacant, at least one (1) of the occupants immediately prior to the date on which the unit was temporarily vacated was fifty-five (55) years of age or older.

(h)

Newly constructed housing for first occupancy after March 12, 1989 need not comply with the requirements of this section until at least twenty-five (25) percent of the units are occupied. For purposes of this section, newly constructed housing includes a facility or community that has been wholly unoccupied for at least ninety (90) days prior to re-occupancy due to renovation or rehabilitation.

(i)

Housing satisfies the requirements of this section even though:

(1)

On September 13, 1988, under eighty (80) percent of the occupied units in the housing facility or community were occupied by at least one (1) person fifty-five (55) years of age or older, provided that at least eighty (80) percent of the units occupied by new occupants after September 13, 1988 are occupied by at least one (1) person fifty-five (55) years of age or older.

(2)

There are unoccupied units, provided that at least eighty (80) percent of the occupied units are occupied by at least one (1) person fifty-five (55) years of age or older.

(3)

There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under fifty-five (55) years of age, provided the employees perform substantial duties related to the management or maintenance of the facility or community.

(4)

There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents as required by 24 C.F.R. Sec. 100.204 and who are under the age of fifty-five (55).

(j)

Where application of the eighty (80) percent rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one (1) person fifty-five (55) years of age or older.

(k)

Each housing facility or community may determine the age restriction, if any, for units that are not occupied by at least one (1) person fifty-five (55) years of age or older, so long as the housing facility or community complies with the provisions of this section.

(l)

In order for a housing facility or community to qualify as housing designed for persons who are fifty-five (55) years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons fifty-five (55) years of age or older. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

(1)

The manner in which the housing facility or community is described to prospective residents;

(2)

Any advertising designed to attract prospective residents;

(3)

Lease provisions;

(4)

Written rules, regulations, covenants, deed or other restrictions;

(5)

The maintenance and consistent application of relevant procedures;

(6)

Actual practices of the housing facility or community; and

(7)

Public posting in common areas of statements describing the facility or community as housing for persons fifty-five (55) years of age or older.

(m)

Phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons fifty-five (55) years of age or older.

(n)

A housing facility or community may allow occupancy by families with children as long as it meets the requirements of this section.

(o)

In order for a housing facility or community to qualify as housing for persons fifty-five (55) years of age or older, it must be able to produce, in response to a complaint filed under this title, verification of compliance with this section through reliable surveys and affidavits.

(p)

A facility or community shall develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one (1) occupant of each unit is fifty-five (55) years of age or older. Such procedures may be part of a normal leasing or purchasing arrangement.

(q)

The procedures described in subsection (l) of this section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two (2) years. A survey may include information regarding whether any units are occupied by persons described in this section.

(r)

Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:

(1)

Driver's license;

(2)

Birth certificate;

(3)

Passport;

(4)

Immigration card;

(5)

Military identification;

(6)

Any other state, local, national, or international official documents containing a birth date of comparable reliability; or

(7)

A certification in a lease, application, affidavit, or other document signed by any member of the household age eighteen (18) or older asserting that at least one (1) person in the unit is fifty-five (55) years of age or older.

(8)

A facility or community shall consider any one (1) of the forms of verification identified above as adequate for verification of age, provided that it contains specific information about current age or date of birth.

(s)

The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this section.

(1)

If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one (1) person fifty-five (55) years of age or older. Such evidence may include:

a.

Government records or documents, such as a local household census;

b.

Prior forms or applications; or

c.

A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under the penalty of perjury.

(2)

Surveys and verification procedures which comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy.

(3)

A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

(t)

A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this subpart.

(1)

A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption.

(2)

Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons fifty-five (55) years of age or older in order for such person to claim the defense.

(3)

For purposes of this section, an authorized representative of a housing facility or community means the individual, committee, management company, owner or other entity having the responsibility for adherence to the requirements established in this subpart.

(4)

A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons fifty-five (55) years of age or older. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in paragraph (1) of this subsection.

(Ord. 74-23, § 2, 9-20-2023)

(a)

A civil action shall be commenced no later than two (2) years after an alleged discriminatory practice. Any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encumbrance, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected.

(b)

Nothing in this article shall be deemed to modify, impair or otherwise affect any right or remedy conferred by the Constitution or laws of the United States or the State of Florida, and the provisions of this article shall be in addition to those provided by such other laws.

(c)

Upon application by a person alleging a discriminatory housing practice or a person against whom such practice is alleged, the court may appoint an attorney for such person or authorize the commencement or continuation of a civil action under this section without the payment of fees, costs, or security if in the opinion of the court such person is financially unable to bear the costs of such action.

(d)

A civil action under this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages and may grant as relief, as the court deems appropriate, any permanent to temporary injunction, temporary injunction, temporary restraining order, or other order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate.

(Ord. 74-23, § 2, 9-20-2023)

At the direction of the City Council the City attorney may intervene in an action brought under the provisions of subsection 16-9 (a) of this section if the City Council certifies that the case is of significant public importance to the citizens of the City.

(Ord. 74-23, § 2, 9-20-2023)

Interference, coercion, or intimidation. It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article.

(Ord. 74-23, § 2, 9-20-2023)