Sec. 15.1-1. - Title.

This chapter shall be known and may be cited as the "Fair Housing Ordinance" of the City of Newport News.

(Ord. No. 3168-84)

Sec. 15.1-2. - Declaration of policy.

It is the policy of the City of Newport News to provide for fair housing throughout the city, to all its citizens, regardless of race, color, religion, national origin, or sex, age or parenthood; and to that end to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity and general welfare of all the inhabitants of the city may be protected and insured.

(Ord. No. 3168-84)

Sec. 15.1-3. - Effect, severability.

(a)

Nothing contained in this chapter shall be deemed to repeal any other ordinance of the City of Newport News relating to discrimination because of race, color, religion, national origin, or sex, age or parenthood; but all such ordinances and portions thereof in conflict herewith are repealed to the extent of such conflict.

(b)

The provisions of this chapter are severable; and if any part or provision hereof shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this chapter.

(Ord. No. 3168-84)

Sec. 15.1-4. - Definitions.

For the purposes of this chapter, unless the context clearly indicates otherwise:

(1)

Dwelling means any building, 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 thereon of any such building, structure or portion thereof. Nothing in this chapter shall apply to (1) 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 (1) 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 shall apply only with respect to one (1) such sale within any twenty-four-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 right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one (1) time; provided further, that the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such 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 salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee, independent contractor or agent of any such broker, agent, salesman or person and (b) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this chapter; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, 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 (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his residence.

(2)

Family includes a single individual, whether male or female.

(3)

Person includes one (1) or more individuals, whether male or female, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

(4)

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

(5)

Restrictive covenants shall mean any specification limiting the transfer, rental or lease of any dwelling because of race, color, religion, national origin or sex.

(6)

Discriminatory housing practices means an act that is unlawful under this chapter.

(7)

Age and parenthood discrimination shall not apply to all-adult or all-elderly complexes.

(Ord. No. 3168-84)

Sec. 15.1-5. - Discriminatory practices unlawful.

It is unlawful to commit or to attempt to commit, directly or indirectly, a discriminatory practice as defined in this chapter.

(Ord. No. 3168-84)

Sec. 15.1-6. - Unlawful discriminatory housing practices—Unlawful practices by persons selling, leasing, etc., dwellings.

It shall be an unlawful discriminatory housing practice, because of race, color, religion, national origin or sex, for any person having the right to sell, rent, lease, control, construct or manage any dwelling constructed or to be constructed, or any agent, independent contractor or employee of such person:

(1)

To refuse to negotiate for the sale or rental of a dwelling;

(2)

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;

(3)

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, or an intention to make any such preference, limitation or discrimination;

(4)

To represent to any person, for reasons of discrimination, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available;

(5)

To deny any person access or membership or participation in any multiple listing service, real estate broker's organization or other services, organization or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation;

(6)

To include in any transfer, sale, rental or lease of housing any restrictive covenant that discriminates, or for any person to honor or exercise, or attempt to honor or exercise, any discriminatory covenant pertaining to housing.

(Ord. No. 3168-84)

Sec. 15.1-7. - Same—Attempting to induce or discourage transfer of property; soliciting listing of dwellings for sale or lease.

It shall further be an unlawful discriminatory housing practice:

(1)

For any person, firm, corporation or association, acting for monetary gain, knowingly to induce or attempt to induce another person to transfer an interest in real property, or to discourage another person from purchasing real property, by representations regarding the existing or potential proximity of real property owned, used or occupied by persons of any particular race, color, religion, national origin, or sex, age or parenthood;

(2)

For any person, firm, corporation or association to solicit or attempt to solicit the listing of dwellings for sale or lease, by door-to-door solicitation, in person or by telephone, or by mass distribution of circulars, for the purpose of changing the racial composition of the neighborhood.

(Ord. No. 3168-84)

Sec. 15.1-8. - Same—Unlawful practices by lending institutions; deposit of city funds in such institutions.

(a)

It shall be unlawful for any bank, savings and loan institution, credit union, insurance company or other person regularly engaged in the business of making mortgages or other loans for the purchase, construction, improvement, or repair or maintenance of dwellings to deny such a loan to a person applying therefor, or discriminate against him or her in the fixing of the down payment, interest rate, duration or other terms or conditions of such a loan, because of the race, color, religious creed, national origin or sex of such person, or of any member, stockholder, director, officer or employee of such person, or of the prospective occupants, lessees or tenants, of the dwelling or dwellings in relation to which the application for a loan is made.

(b)

It shall be unlawful for the city treasurer or any city governmental official whose responsibility it is to account for, to invest or to manage public funds to deposit or cause to be deposited any public funds in any lending institution provided for herein which is found to be committing discriminatory practices, where such findings were upheld by the court. Upon a court's judicial enforcement of any order to restrain a practice of such lending institution or for said institution to cease or desist in a discriminatory practice, if the treasurer has funds deposited in any lending institution which is practicing discrimination, as set forth herein, he shall take immediate steps to have the funds withdrawn and redeposited in another lending institution. If for reasons of sound economic management this action will result in a financial loss to the city, the action may be deferred for a period not longer than one (1) year. If the lending institution in question has corrected its discriminatory practices, any prohibition set forth in this section shall not be applicable.

(Ord. No. 3168-84)

Sec. 15.1-9. - Certain restrictive covenants void; instruments containing such covenants.

(a)

Any restrictive covenant purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, or sex, age or parenthood, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void and of no effect, and contrary to the public policy.

(b)

Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant until the covenant has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage or otherwise deal with such property.

(Ord. No. 3168-84)

Sec. 15.1-10. - Exemptions.

Nothing in this chapter 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 preferences to such persons, unless membership in such religion is restricted on account of race, color, national origin, or sex, age or parenthood. Nor shall anything in this chapter apply to a private membership club which is a bona fide club and which is exempt from taxation under 501(c) of the Internal Revenue Code of 1954. Nor shall anything in this chapter be construed to prohibit any private, state-owned or state-supported educational institution, hospital, nursing home, religious or correctional institution, from requiring that persons of both sexes not occupy any single-family residence, or room or unit in dwellings, or other buildings or restrooms in said room or unit in dwellings or other buildings, which it owns or operates.

(Ord. No. 3168-84)

Sec. 15.1-11. - Interference with enjoyment of rights under this chapter.

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or 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 section 15.1-6, 15.1-7, 15.1-8 or 15.1-9. This section may be enforced by appropriate civil action.

(Ord. No. 3168-84)

Sec. 15.1-12. - Conspiracy to violate this chapter unlawful.

It is an unlawful practice for a person, or for two (2) or more persons, to conspire:

(1)

To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this article, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this chapter; or

(2)

To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this chapter; or

(3)

To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder; or

(4)

To resist, prevent, impede or interfere with the committee or any of its members or representatives in the lawful performance of duty under this chapter.

(Ord. No. 3168-84)

Sec. 15.1-13. - Acting for another person no defense.

It shall be no defense to a violation of this chapter by a person who commits a violation, that the violation was requested, sought or otherwise procured by another person.

(Ord. No. 3168-84)

Sec. 15.1-14. - Administering agency.

The city shall contract with the office of human affairs (OHA) to receive, examine and inquire into alleged violations of this chapter and to conduct such investigation as is necessary, and to take action as prescribed in section 15.1-15.

(Ord. No. 3168-84; Ord. No. 3224-84; Ord. No. 3858-89)

Sec. 15.1-15. - Provisions for administering the Newport News Fair Housing Policy.

(a)

Should inquiries and examination by OHA reveal no basis for complaint, the complainant and the alleged violator shall be so informed.

(b)

If, at any time after a complaint has been filed pursuant to the provisions of this chapter, the Newport News OHA has reasonable cause to believe that appropriate civil action to preserve the status quo or to prevent irreparable harm is advisable, the OHA shall so notify the alleged violator, who will be given the opportunity to respond and/or resolve the alleged violation.

(c)

Should the response not be sufficient to preserve the status quo or prevent irreparable harm, OHA shall refer the complaint to the Newport News Human Rights Commission.

(d)

If the Newport News Human Rights Commission determines that there is reasonable cause to believe that a violation of this chapter has occurred and has not been resolved, it shall so notify the complainant. The OHA shall then offer its assistance to the complainant to file a complaint with the Virginia Real Estate Commission.

(e)

Should a Newport News Human Rights Commission finding of no basis for complaint be unacceptable to the complainant, the OHA shall then advise the complainant of the appeal filing procedure. The complainant shall also be advised that OHA files will be available to the agency with which an appeal may lie and the alleged violator.

(Ord. No. 3168-84; Ord. No. 3858-89)