Loading...
HomeMy WebLinkAbout~Master - Declaring Certain Practices Discriminatory in Real Estate Dealings ORDINANCE NO. 2155 AN ORDINANCE PROVIDING FOR THE GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF AMES, IOWA, BY DECLARING DISCRIM- INATORY PRACTICES IN THE LEASING, SALE, FINANCING, SHOWING AND ADVERTISING OF REAL PROPERTY; FOR THE CREATION OF A COM- MISSION FOR THE INVESTIGATION AND CONCILIATION OF COMPLAINTS THEREOF; PROVIDING FOR PUBLIC HEARINGS ON ALLEGATIONS THEREOF; AND PROVIDING FOR THE ENFORCEMENT THEREOF. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. The Municipal Code of the City of Ames, Iowa, is amended by adding a new title thereto, known as "TITLE XII. " The first Chapter of said title is numbered "Chapter 79, " and is known as the "FAIR HOUS INC, ORDINANCE. " Said Chapter contains new sections,, numbered 79--1 to 79-111, inclusive, as follows : 79-1. Fair Housing Commission Created. "There is created, for the administration of this Chapter, a "Fair Housing Commission. " This Commission consists of five mem- bers who shall be appointed by the Mayor with the approval of the City Council. Three of the members shall be appointed for terms of two years, and two of the members shall be ap- pointed for terms of three years. Members thereafter regu- larly appointed shall be appointed for the same terms as their predecessors in office. Each regular term commences on April 1, of the year in which the appointment is made„ No person shall be re-appointed more than once, nor shall he serve in the aggregate more than six years . The Chairman of the Commission shall originally be designated by the Mayor with the approval of the City Coun- cil for a definite period, not to exceed three years. In any case, where a vacancy is created in the mem- bership of the Commission by death, res ignation,z or other- wise, prior to the normal expiration of the members term, the Mayor, with the approval of the City Council, shall appoint a new member to serve the remaining portion of the term of the member creating the vacancy. Any or all members of the Commission may, at any time, be removed from office by the Mayor with the approval of the City Council. After the Mayor and City Council have so designated the Chairman of the Commission and the length of time he shall serve as Chairman, the Commission shall elect its other officers, determine its time and place of meeting, and may except as herein provided, adopt such regulations not in con- flict with the Law or ordinances of the City_. as in its own Judgment are necessary for the successful administration of the provisions of this Chapter. A majority of the members constitutes a quorum for the transaction of business . The Commission has only the powers and duties expressly herein- after provided. " �-2- 79-2. Discrimination, Defined. "The term "discrim- inationxc as used herein, means any unreasonable difference in treatment in the showing, sale, leaser rentalx financings or advertising of any real property used or usable for pur- poses of human habitations or for the construction thereof, because of race, colors religion, ancestry, or national origin,- and shall include any or all of the discriminatory practices hereinafter enumerated. " 79-3. Discriminatory Practices, Enumerated. "It is a discriminatory practice for: a. Any person., firms or corporation., to discriminate in the showing;, selling, leasing,, subleasing, renting, assign- ing or otherwise transferring, or to discriminate in negotia- tions for the s ales lease, sublease, rental, assignment or other transfer, of the title, leasehold or other interest in any housing unit against any person; or to represent that real property is not available for inspection, salex leaser, sub- lease., rentalx assignment or other transfer when in fact it is so available; or otherwise to deny or withhold any real property from any person because of race, color, religion, ancestry or national origin. b. Any person,, firma, or corporations to include in the terms conditions or privileges of any sale, lease,, sub- lease,, rental,, assignment or other transfer of any real prop- erty, any clause, condition or restriction discriminating against any person in the use or occupancy of such real prop- erty because of race, color, religion, ancestry or national origin. C. Any person, firm.. or corporation engaged in lend- ing money, guaranteeing loans,, accepting mortgages or other- wise making available funds for the purchase, acquisition, constructionz rehabilitation, repair or maintenance of any real property, to discriminate therein because of race;, color, religion;, ancestry or national origin. d. Any person,: firm, or corporation to discriminate in the furnishing of any facilities or services for any real property because of race, color, religion, ancestry or national origin. e. Any persona firms or corporation to publish or cir- culate, or to cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application for the purchase,., lease;, rental or financing of housing; or to make any record or inquiry in con- nection with the prospective purchase, rental., or lease of real property, which expresses directly or indirectly discrimination because of race, color, religion,; ancestry, or natural origin. f. Any person, firm;, or corporation to aid, incite, compel, coerce, or participate in the doing of any act de- clared to be a discriminatory practice under this Chapter;! or to obstruct or prevent compliance with the provisions of this Chapter,, or any proceedings of the Commiss ion f or to attempt directly or indirectly to commit any act declared by this Chapter to be a discriminatory practice. " 7 9-4. Secretary: Duties. "The Secretary of the Com- mission shall be a member thereof, appointed and elected as hereinbefore provided;, and shall perform the following duties : a. Keep all official records of the Commission] b. Record the minutes of each meeting of the Commission; C. Record all complaints addressed to the Commission; d. Make preliminary investigations into all such com- plaints ; and e. Report all complaints, findings,, and recommendations to the whole Commission for further action. If the Commission so determines, it may designate from its mem- bership an Assistant-Secretary to hold such office no longer than his term as a member of the Commission. The duties of the Assistant-Secretary may include those of the Secretary, and those assigned by duly adopted rules of the Commission. The Assistant-Secretary shall perform his duties under the supervision and direction of the Secretary, and shall perform the duties of the Secretary when the Secretary is absent, or when so directed by the Commission. " 79-5. Complaints. "Any person who believes that he or she is a victim of discrimination defined herein, or of one or more of the discriminatory practices defined herein, may file with the Secretary or, in his absence., with the Assistant- Secretary, a sworn complaint setting forth the particulars of the alleged discrimination or discriminatory practice. The C-)mmission will not consider or process any such complaint filed later than sixty days after the date of such alleged dis- crimination or discriminatory practice. " 79-6. Complaints Reported to the Commission. "After duly filing such complaint with the Secretary or Assistant- Secretary, and within thirty days thereafter,. the Secretary or Assistant-Secretary shall report to the Commission, in executive session, each such complaint and his findings and recommendation relating thereto. " 79-7. Conciliation and Persuasion. "The Commission; sitting in executive sess ion., shall within sixty days after the complaint has been filed, consider each such complaint, and in each instance where a majority of the members are of the opinion that a probable showing of discrimination has been made or of the existence of a discriminatory practicer it shall direct a committee comprised of one or more members of the Com- mission to call upon the person, firm,: or corporation,, alleged to have committed an act of discrimination or to have engaged in a discriminatory practice;, to attempt to effect a concil- iation between the parties and to obtain commitments designed to prevent recurrence of the matters complained of. " 79-8. Confidentiality of Proceedings. "In the event that the committee is successful in effecting a conciliation between the parties within thirty days thereafter or sooner becomes convinced that no discrimination was practiced, the complaint and all proceedings shall be and remain confidential; and any disclosure thereof except as hereinafter authorized, by the Secretary,.. Assistant-Secretary., or any other member of the Commission shall be grounds for removal from office. " -4- 79-9. Public Hearing, "If after thirty days (a) the person, firm, or corporation complained of refuses to meet with the committee; or (b) conciliation and the obtaining of commitments against recurrence fails, the committee shall report the matter to the Commission, which shall fix a time and place for a public hearing on the complaint within thirty days thereafter and provide for at least ten days notice there- of, to be given by the committee to the complainant, the party complained of, and other persons having knowledge of or a dir- ect interest in the matters complained of. At such hearing, testimony may be presented by either party and by persons hav- ing knowledge of or a direct interest in the matter complained of. The Commission,: presided over by its Chairman, shall con- stitute the hearing board and either party may appear on his own behalf or by counsel, present testimony, and cross-examine witnesses. It shall be the duty of the Commission to maintain order and maintain proper decorum throughout the hearing. Upon the completion of the hearing, the Commission shall forthwith poll its membership and announce its finding as to whether, in fact, discrimination exists or a discriminatory act or prac- tice has been committed. In any case where, in the opinion of the Commission,, discrimination exists or a discriminatory prac- tice has been committed, all files, records, and reports in such case shall thereupon become available for public inspection. " 79-10. Failure to Honor Commitment. "In any case where a person, firm, or corporation, has made commitments as herein- above provided, and the Commission finds,, on subsequent com- plaint, that such commitments have not been kept, it shall then open for public inspection all of its files of previous com- plaints involving said persons firm, or corporation. " 79-11. Exemptions. "Nothing in the foregoing sections shall apply to: a, The rental or leasing of a housing accomodation in a building which contains housing accomodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing units, b. The rental or leasing to less than seven persons within a single housing accomodation by the occupant or owner of such housing accomodation if he or members of his family reside therein. C. The rental or leasing to a bona fide religious organization, " Section 2. All ordinances and parts of ordinances in conflict herewith are repealed. Section 3. This ordinance is in force and effect from and after its passage and publication according to law. Passed this 16th day of August , 1966. Louise whitcome, City Clerk D. R. NeW95rqfigh, May r e 8/16/66 Moved by Judge-LeBaron the Ordinance pass on 1st reading Ave: Jellinger, Judge, Pasley, Newell, LeBaron Nay: None Abstain: Fisher Ordinance declared passed on lst reading. Moved by Jellinger-LeBaron to suspend the rules, etc. Aye : Jellinger, Judge, Pasley, Newell, LeBaron Nay: None Abstain: Fisher Rules declared suspended. Moved by Jellinger-LeBaron the Ordinance do now pass Aye: Jellinger, Judge, Pasley, Newell, LeBaron Nay: None Abstain: Fisher Ordinance declared adopted.