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Perkins City Zoning Code

CHAPTER 14

FAIR HOUSING POLICY

10-14-1: POLICY:

It is policy of the city to provide, within constitutional limitations, for fair housing. (2010 Code § 22-106)

10-14-2: DEFINITIONS:

   DWELLING: 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: Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representations, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. (2010 Code § 22-107)

10-14-3: ACTS PROHIBITED:

It shall be unlawful for any person, commercial lending institution, real estate broker, real estate salesperson or agent:
A.   To refuse to sell, lease, rent, assign or otherwise transfer the title or other interest in any housing, or real property upon which residential housing is to be constructed, to any person, or to discriminate in the terms or conditions of the sale, rental or leasing of any residential housing unit, because of race, color, sex, religion or national origin.
B.   To refuse to negotiate with any person for the sale, rental or leasing of any residential property, or to represent that such property is not available for inspection, sale, rental or lease when in fact it is so available, because of such person's race, color, sex, religion or national origin.
C.   To solicit or induce, or attempt to solicit or induce, any person owning any interest in any residential housing to sell, rent or lease, or not to sell, rent or lease such housing to any person on the grounds of loss or value due to the present or prospective entry into the neighborhood of a person or persons of another race, color, sex, religion or national origin, either by direct solicitation or inducement, or by the purchase of other property in the neighborhood for the purpose of such inducement, or to distribute, or cause to be distributed, or making statements designed to induce a residential property owner to sell or lease his property due to such change in neighborhood.
D.   It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or corporation, 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 person applying therefor for the purpose of purchasing, constructing, improving, 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, sex, religion or national origin of said person, or of any person associated with him in connection with such loan or other financial assistance, or the purpose of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings is to be made or given.
E.   To file a complaint alleging a violation of this chapter, with knowledge that such complaint is false in any material respect, or to file such complaint for the sole purpose of harassment. (2010 Code § 22-108)

10-14-4: EXEMPTIONS:

Nothing herein shall apply to:
A.   Any religious nonprofit organization, or association or society, operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale or rental of dwelling units, owned and operated for other than a commercial purpose.
B.   Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one time; and provided further, that only one such sale may be made within any twenty four (24) month period.
C.   Any dwelling containing living quarters occupied or intended to be occupied by no more than four (4) families living independent of each other and the owner actually occupies one such living quarter as his residence.
D.   Any private club not in fact open to 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 lodging to its members or from giving preference to its members. (2010 Code § 22-109)

10-14-5: ADMINISTRATION:

A.   The authority and responsibility for administering this chapter shall be in the city commission.
B.   The city commission may delegate any of these functions, duties and powers to employees of the city, or to boards composed of citizens of the city, including functions, duties and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business or matter under this chapter. (2010 Code § 22-110)

10-14-6: COMPLAINTS:

A.   Any person who claims to have been injured by a discriminating housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the city. Complaints shall be in writing and shall contain such information and be in such form as the city requires. Upon receipt of such a complaint, the city shall furnish a copy of the same to the person or persons who allegedly committed or about to commit the alleged discrimination housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under subsection C of this section, the city decides to resolve the complaints, the city, through the city commission or any appointed board, shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods or conference, conciliations and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. Any employee of the city who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (2010 Code § 22-111; amd. 2012 Code)
B.   A complaint under subsection A of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at the time. A respondent may file an answer to the complaint against him and with the leave of the city, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
C.   If within thirty (30) days after a complaint is filed with the city commission, the city has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within thirty (30) days thereafter, file a complaint with the secretary of the department of housing and urban development.
D.   If the city has been unable to obtain voluntary compliance within thirty (30) days of the complaint, the person aggrieved may, within thirty (30) days hereafter, commence a civil action in any appropriate court against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
E.   In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant. (2010 Code § 22-111)

10-14-7: ENFORCEMENT BY PRIVATE PERSONS:

The rights granted by this chapter may be enforced by civil actions in state or local courts of general jurisdiction. (2010 Code § 22-112)

10-14-8: INTERFERENCE, COERCION OR INTIMIDATION:

It shall be unlawful to coerce, intimidate, threaten or interfere with any person on the exercise or enjoyment of, or on account of his 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. This section may be enforced by appropriate civil action. (2010 Code § 22-113)

10-14-9: VIOLATION BY CORPORATE OFFICERS AND AGENTS:

Violation of any of the terms or provisions of this chapter by any corporation or association shall subject the officers and agents actively in charge of the business of such corporation or association, to the penalty herein provided. (2010 Code § 22-116)

10-14-10: RELIEF IN COURTS:

No penalty imposed by and pursuant to this chapter shall interfere with the right of the city also to apply to the proper courts of the state for a mandamus and injunction, or other appropriate action against such person, firm or corporation. (2010 Code § 22-115)