Sec. 9-36. - Definitions.

As used in this article, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this section.

Bona fide offer shall mean an offer in writing, accompanied by an earnest money deposit in such form and amount as customarily in use in that type of transaction, by an offeror financially competent to close the transaction.

Discriminate and discrimination shall mean to segregate, separate, exclude or treat any person unequally only because of race, color, religion, national origin or ancestry, sex, age or handicap. It is intended that the factors set forth in this article shall be the sole basis for prohibiting discrimination.

Discriminatory housing practice shall mean an act that is prohibited by this article.

Dwelling shall mean any building, structure or portion thereof which is occupied 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 thereon of any such building, structure or portion thereof.

Enforcement agency shall mean the city housing program, community action division, department of human resources and services.

Family includes a single individual.

Handicap shall mean any person who has a physical or mental impairment that substantially limits one (1) or more major life activities, such as caring for one's self, walking, seeing, hearing, speaking, breathing, learning and working.

To rent shall mean to lease, sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Code 1959, § 10B-23; Ord. No. 36650, § 1, 7-11-68; Ord. No. 49162, § 2, 3-23-78)

Sec. 9-37. - Taking complaints.

The city housing program, community action division will be the office charged with taking the complaints in violation of this article.

(Code 1959, § 10B-28; Ord. No. 49162, § 5, 3-23-78)

Sec. 9-38. - Exceptions.

Nothing in this article shall apply to:

(1)

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 residence;

(2)

Nothing in this article shall prohibit 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 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, unless membership in such religion is restricted on account of race, color, national origin, sex, age or handicap. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident of 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;

(3)

Nothing in this article shall be deemed to prohibit an owner, or his agent, from requiring that any person who seeks to buy, rent or lease housing, supply information concerning his family, marital, financial and business status but not concerning race, color, creed, sex, age or handicap.

(Code 1959, § 10B-25; Ord. No. 36650, § 2, 7-11-68; Ord. No. 49162, § 3, 3-23-78)

Sec. 9-39. - Refusal to sell.

It shall be unlawful for any person 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 make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, age or handicap.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-40. - Discriminating against persons.

It shall be unlawful for any person 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, national origin, sex, age or handicap.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-41. - Advertising.

It shall be unlawful for any person 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, national origin, sex, age or handicap, or an intention to make any such preference, limitation or discrimination.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-42. - False representation.

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

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-43. - Inducements to sell.

It shall be unlawful for any person for 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 neighborhood of a person or persons of a particular race, color, religion, national origin, sex, age or handicap.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-44. - Loans.

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 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, religion, national origin, sex, age or handicap of such person or of any person associated with him in connection with such loan or other financial assistance for the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-45. - Intimidation.

It shall be unlawful for any person whether or not acting under color of law, by force or threat of force to willfully injure, intimidate or interfere with, or to attempt to injure, intimidate or interfere with:

(1)

Any person because of his race, color, religion, national origin, sex, age or handicap and because he is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating 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; or

(2)

Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

a.

Participating, without discrimination on account of race, color, religion, national origin, sex, age or handicap, in any of the activities, services, organizations or facilities described in this article; or

b.

Affording another person or class of persons opportunity or protection so to participate; or

(3)

Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, national origin, sex, age or handicap, in any of the activities, services, organizations or facilities described in this article or participating lawfully in speech or peacefully assembly opposing any denial of the opportunity to so participate.

(Code 1959, § 10B-26; Ord. No. 36650, § 3, 7-11-68; Ord. No. 43913, 6-13-74; Ord. No. 49162, § 4, 3-23-78)

Sec. 9-46. - Complaints.

The enforcement agency shall upon receipt of a written complaint under oath, made by an aggrieved individual charging a violation of any provision of the prohibitive sections of this article, make a prompt and full investigation of the complaint. If after such investigation, the agency determines that a violation has occurred it shall attempt to eliminate the discriminatory housing practices by conciliation and persuasion. If the enforcement agency fails in the conciliation proceedings, it shall forward all papers, including the written complaint, investigation, record of conciliation proceedings, factual findings and its recommendation to the city attorney. The complaint, investigation and conciliation proceedings shall be confidential records and proceedings of the enforcing agency shall not be made public except upon the authority of the city council. The city attorney shall review the proceedings and shall take appropriate legal action if it is deemed appropriate.

(a)

In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant;

(b)

A complaint provided for in this article shall be filed within thirty (30) days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the enforcement agency, 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 signed.

(Code 1959, § 10B-27; Ord. No. 36650, § 4, 7-11-68)