Sec. 70-29. - Administrator; authority and responsibility.
Sec. 70-31. - Processing complaints.
Sec. 70-32. - Additional remedies.
Sec. 70-33. - Education and public information.
Sec. 70-34. - Untruthful complaints or testimony.
Sec. 70-35. - Unlawful housing practices.
Sec. 70-36. - Exemptions and exceptions.
This article shall be known and may be cited as the "Fair Housing Code of unincorporated Collier County, Florida."
(Ord. No. 86-74, § 1)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means that person appointed by the county administrator pursuant to section 70-29.
Covered multifamily dwelling means:
(1)
A building which consists of four or more units and has an elevator; or
(2)
The ground floor units of a building which consists of four or more units and does not have an elevator.
Discriminatory housing practice means an act that is unlawful under section 70-35.
Dwelling means 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.
Familial status means one or more individuals, who have not attained the age of 18 years, being 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 or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Family includes a single individual.
Handicap, with respect to a person, means:
(1)
A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2)
A record of having such an impairment; or
(3)
Being regarded as having such an impairment;
but such term does not include current, illegal use of or addiction to a controlled substance, as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802).
Lending institution means any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money, guaranteeing loans, or sources of credit information, including but not limited to credit bureaus.
Owner means any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other subunits, having the right of ownership or possession or the authority to sell or lease any dwelling.
Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, or public corporations, or any department or subunit thereof.
Real estate agent means any real estate broker, any real estate salesman, or any other person, employee, agent, or otherwise, engaged in the management, sales, or operation of any real property.
Real estate broker or salesman means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication, or a person employed by or acting on behalf of any of these.
Real estate transaction includes the sale, purchase, exchange, rental or lease of real property, and any contract pertaining thereto.
Respondent means any person against whom a complaint is filed pursuant to this article.
To rent includes lease, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting for a consideration the right to occupy premises that are not owned by the occupant.
Sale includes any contract to sell, exchange, or to convey, transfer, or assign legal or equitable title to, or a beneficial interest in, real property.
(Ord. No. 86-74, § 2; Ord. No. 86-89, § 2; Ord. No. 92-9, § 2)
Cross reference— Definitions generally, § 1-2.
(a)
Violations of this article shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both fine and imprisonment.
(b)
Nothing in this section shall be construed to prohibit the county from prosecuting any violation of this article by means of a code enforcement board established pursuant to the authority of F.S. ch. 162.
(Ord. No. 86-74, § 11; Ord. No. 92-9, § 6(11))
State law reference— Penalty for ordinance violations, F.S. § 125.69.
Sec. 70-29. - Administrator; authority and responsibility.
(a)
Appointment. The authority and responsibility for administering this article shall be vested in the county administrator, who shall appoint an administrator for the provisions of this article.
(b)
Powers and duties. The administrator shall:
(1)
Receive written complaints as hereinafter provided in section 70-30 relative to alleged unlawful acts under this article;
(2)
Upon receiving a written complaint, make such investigations as the administrator deems appropriate to ascertain facts and issues;
(3)
Utilize methods of persuasion, conciliation and mediation or informal adjustment of grievances;
(4)
Establish, administer or review programs at the request of the county administrator and make reports on such programs to the county administrator;
(5)
Bring to the attention of the county administrator items that may require notice to the board of county commissioners or board action to resolve;
(6)
Render to the county administrator annual written reports of activities under the provisions of this article, along with such comments and recommendations as required;
(7)
Cooperate with and render technical assistance to federal, state, local and other public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this article;
(8)
If he determines that there is probable cause to believe that there has been a violation of the provisions of this article, refer the matter to the proper county, state or federal authorities for appropriate legal action;
(9)
Promulgate, publish and distribute the necessary forms, rules and regulations to implement the provisions of this article.
(Ord. No. 86-74, § 5)
(a)
A person who claims that another person has committed a discriminatory housing practice may report that offense to the administrator by filing an informal complaint within 60 days after the date of the alleged discriminatory housing practice and not later.
(b)
The administrator shall treat a complaint referred by the secretary of housing and urban development or the attorney general of the United States under the Fair Housing Act of 1968, Public Law 90-284, as an informal complaint filed under subsection (a) of this section.
(c)
An informal complaint must be in writing, verified or affirmed, on a form to be supplied by the administrator and shall contain the following:
(1)
Identity and address of the respondent.
(2)
Date of the offense and date of filing the informal complaint.
(3)
General statement of facts of the offense, including the basis of the discrimination (race, color, national origin, religion, sex, familial status, or handicap).
(4)
Name and signature of the complainant.
(d)
Within 15 days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail return receipt requested. Thereupon, the respondent may file a written, verified informal answer to the informal complaint within 20 days of the date of receipt of the informal complaint.
(e)
An informal complaint or answer may be amended at any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent or complainant respectively as promptly as practicable.
(f)
The administrator shall assist complainant or respondent when necessary in the preparation and filing of informal complaint or answers or any amendments thereto.
(Ord. No. 86-74, § 6; Ord. No. 86-89, § 4; Ord. No. 92-9, § 5)
Sec. 70-31. - Processing complaints.
(a)
Within 30 days after the filing of an informal complaint, the administrator shall make such investigation, as appropriate, to ascertain facts and issues. If the administrator shall deem that there are reasonable grounds to believe that a violation has occurred and can be resolved by conciliation, such conciliation shall be attempted by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal, and nothing said or done in the course of the informal conference with the individuals to resolve the dispute may be made public or used as evidence in a subsequent proceeding by either party without the written consent of both the complainant and the respondent. The administrator or any employee of the administrator who shall make public any information in violation of this provision shall be deemed guilty of a violation of this article and shall be subject to penalty as set forth in section 70-28
(b)
If the parties desire to conciliate, the terms of the conciliation shall be reduced to writing in the form approved by the administrator and must be signed and verified by the complainant and respondent and approved by the administrator. The conciliation agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated.
(c)
If the administrator deems that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to the alleged offense.
(d)
If the administrator, with respect to any matter, which involves a contravention of this article:
(1)
Fails to conciliate a complaint after the parties, in good faith, have attempted such conciliation; or
(2)
Determines that the violation alleged in the complaint cannot be resolved by conciliation;
both the complainants and the respondents shall be notified within 30 days of the failure of the conciliation and the provisions of subsection 70-29(b)(8) involved.
(Ord. No. 86-74, § 7)
Sec. 70-32. - Additional remedies.
The procedures prescribed by this article do not constitute an administrative prerequisite to another action or remedy available under other law. 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; and the provisions of this article shall be in addition to those provided by such other laws.
(Ord. No. 86-74, § 8)
Sec. 70-33. - Education and public information.
The administrator may conduct educational and public informational activities that are designed to promote the policy of this article.
(Ord. No. 86-74, § 9)
Sec. 70-34. - Untruthful complaints or testimony.
It shall be a violation of this article for any person knowingly and willfully to make false or untrue statements, accusations or allegations in his complaint or to give false testimony concerning violations of this article.
(Ord. No. 86-74, § 10)
Sec. 70-35. - Unlawful housing practices.
(a)
Sale or rental. Except as provided in section 70-36, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, because of race, color, national origin, religion, sex, familial status, or handicap to:
(1)
Refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny a dwelling to any person.
(2)
Discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith, or because of his exercise of his right of free association.
(3)
Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.
(4)
Refuse to negotiate for a real estate transaction with a person.
(5)
Represent to a person that a dwelling is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect the dwelling.
(6)
Make, print, publish or circulate, post or mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record, or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly or indirectly an intent to make a limitation, specification, or discrimination with respect thereto based upon race, color, religion, sex, familial status or national origin.
(7)
Offer, solicit, accept, use or retain a listing of a dwelling with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.
(8)
Make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental, or the sale or rental of any dwelling in any area in the unincorporated area of the county for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes.
(9)
Retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this article.
(10)
Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this article, or to obstruct or prevent any person from complying with the provisions of this article, or any conciliation agreement entered into thereunder.
(11)
By canvassing, compel any unlawful practices prohibited by the provisions of this article.
(12)
Promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer; or otherwise dispose of any dwelling by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious, nationality, family composition, or ethnic change in any street, block, neighborhood, or any other area, to the race, color, religion, familial status, or national origin of actual or anticipated neighbors, tenants or other prospective buyers of any dwelling.
(13)
Cause to be made any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, family composition, nationality or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of any dwelling for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading, or where there is insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said dwelling.
(14)
Place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any dwelling that is not in fact available or offered for sale, lease, assignment, transfer or other disposition.
(15)
Discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
a.
That buyer or renter;
b.
A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
c.
Any person associated with the buyer or renter.
(16)
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 handicap of:
a.
That buyer or renter;
b.
A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
c.
Any person associated with the buyer or renter.
(17)
For purposes of subsections (15) and (16) of this section, discrimination includes:
a.
A refusal to permit, at the expense of the handicapped person, 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; or
b.
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.
(18)
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 building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by administrator rule. Such buildings shall also be designed and constructed in such a manner that:
a.
The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons.
b.
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.
c.
All premises within such dwellings 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.
d.
Compliance with the appropriate requirements of the American National Standards Institute for building and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of subsection (18)c.4. of this subsection.
(b)
Block busting. It shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate transaction for which he may benefit financially to:
(1)
Represent that a change has occurred or will or may occur in the composition, with respect to race, color, national origin, religion, sex, familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the dwelling is located.
(2)
Represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the dwelling is located.
(3)
Make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any dwelling in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family composition, or ethnic composition of such block or neighborhood or area.
(4)
Engage in, or hire to be done, or to conspire with others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any dwelling.
(5)
For profit, induce or attempt to induce any person to sell or not sell, or rent or not rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person protected by the provisions of this article.
(c)
Financing. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof 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, national origin, religion, sex, familial status, or handicap of such person or of any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which such loan or other financial assistance is to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in section 70-36
(1)
It is unlawful for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, sex, handicap, familial status, or religion.
(2)
As used in this subsection, the term residential real estate transaction means any of the following:
a.
The making or purchasing of loans or providing other financial assistance:
1.
For purchasing, construction, improving, repairing, or maintaining a dwelling; or
2.
Secured by residential real estate.
b.
The selling, brokering, or appraising of residential real property.
(d)
Brokerage services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any multiple listing service, real estate broker's organization or other service, organization, or facility related to the business of selling, or renting dwellings, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, national origin, religion, sex, familial status, or handicap.
(Ord. No. 86-74, § 3; Ord. No. 86-89, § 3; Ord. No. 92-9, § 3)
Sec. 70-36. - Exemptions and exceptions.
(a)
Nothing in section 70-35 shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of a dwelling which it owns or operates for other than 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. Nor shall anything in this section 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 or from giving preference to its members.
(b)
Nothing in section 70-35, except subsection (a)(6), shall apply to:
(1)
Any single-family house sold or rented by its owner; provided, that such an individual owner does not own more than three such single-family houses 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 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 behalf, under any express or voluntary agreement, title to or any rights 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, that the owner sells or rents such dwelling:
a.
Without the use, in any manner, of the sale or rental facilities or the sales and rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agency 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 70-35(a)(6);
but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(2)
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 maintains and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units:
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 of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agency 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 70-35(a)(6);
but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
(3)
For the purpose of this subsection (b), a person shall be deemed to be in the business of selling or renting housing if:
a.
He has, within the preceding 12 months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any dwelling or any interest therein;
b.
He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
c.
He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(c)
Nothing in section 70-35 shall be construed to:
(1)
Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease.
(2)
Bar any person from advertising or from refusing to sell or rent any dwelling which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual of the opposite sex.
(3)
Bar any person from selling, renting or advertising any dwelling which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only.
(4)
Bar any person from refusing to sell or rent any dwelling to unmarried individuals cohabiting contrary to law.
(5)
Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less than the term for which the loan is requested.
(d)
Nothing in section 70-35 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 physical accessibility except as otherwise required by law.
(e)
Any provision of section 70-35 regarding familial status does not apply with respect to housing for older persons.
(1)
As used in this subsection, the term "housing for older persons" means housing:
a.
Provided under any state or federal program that the commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;
b.
Intended for, and solely occupied by, persons 62 years of age or older; or
c.
Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commission shall consider at least the following factors:
1.
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if providing such facilities and services is not practicable, such housing is necessary to provide important housing opportunities for older persons;
2.
At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
3.
The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(2)
Housing shall not fail to be considered housing for older persons if:
a.
A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or
b.
One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.
(Ord. No. 86-74, § 4; Ord. No. 92-9, § 4)
FOOTNOTE(S):