Sec. 10-35. - Policy declaration.

The board of aldermen hereby finds that the practice of discrimination against some citizens that denies their equal opportunities in open housing accommodations is detrimental to the public order and welfare. It is hereby declared to be the policy of the town to assure equal opportunity to all persons to acquire and occupy housing accommodations of their choice, within their means. Toward the end of achieving equal opportunity in housing accommodations, public necessity requires the exercise of the police powers granted to the town to maintain and promote the peace, good government, and general welfare of the town, and to prohibit all things detriment to the morals, safety, conveniences, and welfare of the people.

(Ord. of 5-13-68, § 1)

Sec. 10-36. - Application of article.

The provisions of this article relative to discrimination in housing shall not apply to the rental of a room or rooms to four (4) or less persons in a single dwelling unit, nor to the rental or lease of a portion of a dwelling house containing accommodations for not more than three (3) families, when the remainder of said dwelling is occupied by (1) the owner or a member of his immediate family, or (2) a lessee of the entire dwelling or members of his immediate family.

(Ord. of 5-13-68, § 2)

Sec. 10-37. - Prohibited practices enumerated; exceptions.

No owner of real property shall discriminate against any other person because of the sex, religion, race, color, or national origin or ancestry of such other person, or because of the sex, religion, race, color, national origin, or ancestry of the friends or associates of such other person in regard to the sale or rental of, or dealings concerning real property located within the town. Any such discrimination shall be considered an unlawful housing practice.

Nothing in this section shall require an owner to offer property to the public at large before selling or renting it nor shall this section be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than sex, religion, race, color or national origin.

Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it has been established or maintained.

(Ord. of 5-13-68, § 2; Ord. No. O-76-27, § 1, 7-28-76)

Sec. 10-38. - Filing complaint; penalty.

Any person claiming an unlawful housing practice in violation of the applicable provisions of this article may file a written complaint or affidavit upon which a warrant may be issued by the clerk of the appropriate court with jurisdiction of violations of municipal ordinances. The violation of any applicable provision of this article shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding thirty (30) days, as provided by G.S. section 14-4.

(Ord. of 5-13-68, § 3; Ord. No. 92-4-13/O-4, § 12)

Sec. 10-39. - The alternate complaint procedure.

In lieu of the procedure provided in section 10-38, any person claiming an unlawful housing practice in violation of the applicable provisions of this article, may proceed as follows:

(a)

File a complaint with the director of human services in writing, specifying in detail the grounds for the alleged violation.

(b)

Upon receipt of such complaint, the director of human services shall within thirty (30) days after the receipt of such complaint, or within thirty (30) days after the expiration of any period when a complaint has been referred to it by the secretary of health, education, and welfare, investigate the complaint and give notice in writing the person making the complaint, whether or not the director of human services intends to resolve the complaint. In the event the director decides to resolve the complaint by informal methods of conference, conciliation, and persuasion, such action shall be taken, provided, however, that nothing done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding pursuant to this article.

(c)

In the event the director is unable to resolve the complaint by informal proceedings, the complainant shall be advised in writing of this fact, and the following procedure shall be followed:

(1)

The complainant shall be advised of the opportunity for criminal complaint available under the provisions of section 10-38

(2)

Complainant shall be advised of the procedure available under the provisions of section 10-40 for equitable relief.

(3)

The director shall advise the complainant that it is intended that an action be instituted in the name of the Town of Chapel Hill for equitable relief.

(Ord. No. O-75-57, § 1, 10-27-75)

Sec. 10-40. - Equitable relief.

In addition to the remedies provided for in section 10-38 of this article, any violations of the provisions of this article may be enforced by equitable relief in the appropriate division of the general court of justice. The right to bring equitable relief shall be vested in any person believed to have been discriminated against under the provisions of this article, or in the Town of Chapel Hill upon recommendation of the director of human services, and the director of human services be authorized to institute actions for equitable relief for violations hereof.

(Ord. No. O-75-57, § 1, 10-27-75)

Secs. 10-41—10-48. - Reserved.