0602
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ORDINANCE NO. 6 0 2
AN ORDINANCE ESTABLISHING A FAIR HOUSING CODE IN THE CITY OF
JACKSONVILLE, ADDING CHAPTER 9.28 TO THE MUNICIPAL CODE OF
JACKSONVILLE~ AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS, THAT:
SECTION 1: There is hereby added to the Jacksonville
Municipal Code Chapter 9.28, which is to read as follows:
Sections:
9.28.010
9.28.020
9.28.030
9.28.040
9.28.050
9.28.060
9.28.070
9.28.080
9.28.090
9.28.100
9.28.110
9.28.120
9.28.130
9.28.140
9.28.150
9.28.160
9.28.010
Chapter 9.28
FAIR HOUSING CODE
Policy
Definitions
Discrimination in the Sale or Rental of Housing
Discrimination in the Financing of Housing
Discrimination in the Provision of Brokerage Services
Exelll!-' tion
Administration
Education and Conciliation
Enforcement
Enforcement by Private Persons
Enforcement by City Attorney
Cooperation with State and Other Agencies Administer-
ing Fair Housing Laws
Interference, Coercion, or Intimidation
Appropriations
Exhibits
Gener-al Penal ty
Policy
It is the policy of the City of Jacksonville, Arkansas to
provide, within constitutional limitations, for fair housing
throughout the community's jurisdiction.
9.28.020 Definitions
The following words and phrases shall for the purpose of
this chapter have the following meanings:
A. "Officer" means the Mayor or his duly authorized representa-
tive for the City of Jacksonville, Arkansas.
B. "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 p6rtion
thereof.
C. "Family" includes a single individual.
D. "Person" includes one or more individuals, cOL!-,orations,
partnerships, associations, labor organizations, legal repre-
sentatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy,
receivers, and fiduciaries.
E. "To Rent" includes to lease, to sublease, to let and otherwise
to grant for a consideration the right to occupy premises not
owned by the occupant.
F. "Discriminatory Housing Practice" means an act that is unlaw-
ful under Section 9.28.030, 9.28.040 or 9.28.050.
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G. "City" means the cOJ..porate jurisdiction of the City of
Jacksonville, Arkansas.
9.28.030 Discrimination in the Sale or Rental of Housing
It shall be unlawful:
A. To refuse to sellar 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, sex, or national
origin.
B. To discriminate against any person in the tel-iUS, condi tions,
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, sex, or national origin.
C. To make, print, or publish, or cause to be made, printed, or
published any notice, statement, or advertisement, with re-
spect to the sale or rental of a dwelling that indicates any
preference, limitation, or discrimination based on race,
color, religion, sex, or national origin, or an intention to
make any such preference, limitation, or discrimination.
D. To represent to any person because of race, color, religion,
sex, or national origin that any dwelling is not available
for inspection, sale, or rental when such dwelling is in
fact so available.
E. For profi t, to induce or atteUI1Jt 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, sex, or nation-
al origin.
F. Nothing in this subsection (other than Subsection C.) shall
apply to:
1. Any single-family house sold or rented by any owner:
Provided, that such private 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 ~ouse 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 ex-
press 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 such single-family houses
at anyone time: Provided further, that the sale or
rental of any such single-family house shall be excepted
from the application of this code only if such house
is sold or rented (A) without the use in any manner of
the sale 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 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 section of this code; but
nothing in this proviso shall prohibit the use of
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ORDINANCE NO. 6 0 2
PAGE 3.
attorneys, escrow agents, abstractors, title com-
panies, 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.
G. For the pUL~oses of Subsection F. a person shall be deemed
to be in the business of selling or renting dwellings if:
1. He has, within the preceding twelve months, partici-
pated as principal in three or more transactions
involving the sale or rental of any dwelling or any
interest therein, or
2. He has, within the preceding twelve months, partici-
pated as agent, other than in the sale of his own
personal residence in providing sales or rental
facilitims or sales or rental services in two or more
transactions involving the sale or rental of any
dwelling or any interest therein, or
3. He is the owner of any dwelling designed or intended
for occupancy by, or occupied by, five or more families.
9.28.040 Discrimination in the Financing of Housing
It shall be unlawful for any bank, building and loan
association, insurance company or other corporation, association,
fi1.lH 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 therefore for the
purpose of purchasing, constructing, improving, repairing, .or
maintaining a dwelling, or to discriminate against him in the fix-
ing of the amount, interest rate, duration, or other teLIUS or
conditions of such loan or other financial assistance, because of
the race, color, religion, sex, or national origin of such person
or of any person associated with him in connection with such loan
or other financial assistance or the pUL~oses of such loan or
other financial assistance, or of the present or prospective owners,
lessess, tenants, or occupants of the dwelling or dwellings in
relation to which such loan or other financial assistance is to be
made or given: Provided, that nothing contained in this section
shall impair the scope or effectiveness of the exception contained
in Section 9.28.030 (F.).
9.28.050 Discrimination in the Provision of Brokerage Services
It shall be unlawful to deny any person access to or
membership or participation in any multiple listing service, real
estate brokers' organization or other service, organization, or
facility relating to the business of selling or renting dwellings,
or to discriminate against him in the terms or conditions of such
access membership, or participation, on account of race, color,
religion, sex, or national origin.
9.28.060 Exemption
Nothing in this code shall prohibit a religious organization,
association, or society, or any non-profit institution or organ-
ization operated, supervised or controlled by or in connection
with a religious organization, association, or society, from limit-
ing 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 person, unless member-
ship in such religion is restricted on account of race, color, sex,
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ORDINANCE NO.
602
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or national origin. Nor shall anything in this code prohibit a
private club not in fact open to the public, which as an inci-
dence 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.
9.28.070 Administration
A. The authority and responsibility for administering this code
shall be in the duly authorized officer.
B. All city departments and agencies shall administer their pro-
grams and activities relating to housing and community devel-
opment in a manner affi.Ll11atively to further the purposes of
this code and shall cooperate with the officer to further
such purposes.
C. The duly authorized officer shall:
1. Obtairl and distribute guidelines, reports, and information
related to fair housing and community development practices;
2. Cooperate with and afford assistance to federal, state,
local, and other public or private agencies, organizations,
and institutions which are also formulating or carrying on
programs to prevent or eliminate discriminatory housing
practices;
3. Administer all programs and activities relating to ho:using
and communi ty development in a manner affi.Ll11atively to
further the policies of this code.
9.28.080 Education and Conciliation
IUlluediately after the local adoption of this code, the duly
authorized officer shall commence such educational and conciliatory
activities as in his judgment will further the purposes of this
code. Among activities considered appropriate to undertake are:
calling of conferences of persons in the local housing industry
and other interested parties to acquaint them with these pro-
visions and the officers' suggested means of implementing this
code, and shall endeavor with their advice to work out programs
of voluntary enforcement and compliance. The officer shall issue
memorandums describing results and conclusions of such conferences
and consultations as he deems appropriate.
9.28.090 Enforcement
A. Any person who claims to have been injured by discriminatory
housing practice or who believes that he will be irrevocably
injured by a discriminatory housing practice that is ab6ut to
occur (hereafter "person aggrieved") may file a complaint
with the duly authorized officer. Complaints shall be in
writing and shall contain such information and be in such
f01.111 as the officer requires. Upon receipt of such a com-
plaint the officer shall furnish a copy of the same to the
person or person who allegedly committed or are about to
comnlit the alleged discriminatory housing practice. Within
thirty days after receiving a complaint, the officer shall
investigate the complaint and give notice in writing to the
person aggrieved whether he intends to resolve it. If the
officer decides to resolve the complaint, he shall proceed
to eliminate or correct the alleged discriminatory housing
practice by informal methods of conference, conciliation, and
persuasion. Nothing said or done in the course of such in-
fOLlilal endeavors may be made public or used as evidence in a
subsequent proceeding under this code without :the written
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ORDINANCE NO. 6 0 2
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consent of the persons concerned. Any employee of the duly
authorized officer who shall make public any info.Lluation in
violation of this provision shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not
more than $500.00.
B. A complaint under Subsection A. shall be filed within one
hundred and eighty days after the alleged discriminatory
housing practice occurred. Complaints shall be in writing
and 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 officer, 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 verified.
C. If within thirty days after a complaint is filed with the
officer, the officer has been unable to obtain voluntary
compliance with this code, the person aggrieved may, within
thirty days thereafter, commence a civil action in any court
of competent jurisdiction, against the respondent named in
the complaint, to enforce the rights granted or protected by
this code, in so far as such rights relate to the subject of
the complaint.
D. In any proceeding brought pursuant to this section, the
burden of proof shall be on the complainant.
E. Whenever an action filed by an individual, shall come to
trial, the duly authorized officer shall illllllediately te.1.111i-
nate all efforts to obtain voluntary compliance.
9.28.100 Enforcement by Private Persons
A. The rights granted by Sections 9.28.030, 9.28.040, and 9.28.050
may be enforced by civil action in appropriate courts of compe-
tent jurisdiction without regard to the amount in controversy.
A civil action shall be commenced within one hundred and eighty
days after the alleged discriminatory housing practice occurred:
Provided, however, that the court shall continue such civil case
brought pursuant to this section or Section 9.28.090 C. from
time to time before bringing it to trial if the court believes
that the conciliation efforts of the officer are likely to
result in satisfactory settlement of the discriminatory housing
practice complained of in the complaint made to the officer and
which practice fO.1.1uS the basis for the action in court: And
provided, however, that any sale, encumbrance, or rental con-
summated prior to the issuance of any court order issued under
the authority of this code and involving a bona fide purchaser,
encumbrancer, or tenant without actual notice of the existence
of the filing of a complaint or civil action under the provi-
sions of this code shall not be affected.
B. Upon application by the plaintiff and in such circumstances
as the court may deem just, a court in which a civil action
under this section has been brought may appoint an attorney
for the plaintiff and may authorize the commencement of a
civil action upon proper showing without the payment of fees,
costs, or security.
C. The court may grant as relief, as it deems appropriate, any
peLlllanent or temporary injunction, temporary restraining
order, or other order, and may award to the plaintiff actual
damages and not more than $500.00 punitive damages, together
with court costs.
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ORDINANCE NO. 6 0 2
P AG E 6.
9.28.110 Enforcement by the City Attorney
Whenever the City Attorney has reasonable cause to believe
that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights
granted by this code, or that anyg,L'oup of persons has been denied
any of the rights granted by this code and such denial raises an
issue of general public importance, he may bring a civil action
in any court of competent jurisdiction by filing with it a com-
plaint setting forth the facts and requesting such preventive
relief, including an application for a permanent or temporary in-
junction, restraining order, or other order against the person or
persons responsible for such pattern or practice or denial of
rights, as he deems necessary to insure the full enjoyment of the
rights granted by this code.
9.28.120 Cooperation with State and Other Agencies Administering
Fair Housing Laws
The duly authorized officer may cooperate with state and
other agencies charged with the administration of state and other
fair housing laws, and, with the consent of such agencies, utilize
the services of such agencies and their employees and, notwith-
standing any other provision of law, may reimburse such agencies
and their employees for services rendered to assist him in carrying
out this code. In furtherance of such cooperative efforts, the
officer may enter into written agreements with such state or other
agencies.
9.28.130 Interference, Coercion, or Intimidation
It shall be unlawful to coerce, intimidate, threaten, or
interfere with any person in the exercise or enjoyment of, or
on account of his having exercised or enjoyed, or on account of
his having aided or encouraged any other person in the exercise or
enjoYlUent of, any right granted or protected by Section 9.28.030,
9.28.040 or 9.28.050. This section of the code may be enforced by
appropriate civil action.
9.28.140 Appropriations
There are hereby authorized to be appropriated such sums
as are necessary to carry out the purposes of this code.
9.28.150 Exhibits
Attached hereto and incorporated herein as part of this
code is an exhibit titled, Appendix A - Fair Housing Procedures -
These procedures are substantially the same as those promulgated
by the Department of Housing and Urban Development and which are
acceptable procedures established by the assistant secretary for
equal opportunity in the Department of Housing and Urban Develop-
ment for carrying out responsibilities with respect to complaints
filed under applicable sections and title of the Civil Rights Act
of 1968, Public Law 90-284, 42 U.S.C. 3610. This exhibit sets
forth guidelines which are hereby to be used by the city which
show: (1) Procedures for enforcement of complaints against dis-
criminatory housing practices; and (2) Procedures to rectify
discriminatory housing practices.
9.28.160 General Penalty
Any violation of this Ordinance which section does not
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ORDINANCE NO.
602
P AG E 7.
provide for a specific penalty shall be punishable by a fine of
not more than $500.00.
SECTION 2. Severability
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of
this City hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase
or portion thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, phrases or portions be
declared invalid or unconstitutional.
SECTION 3. All ordinances in conflict with truE Ordinance
are hereby repealed to the extent of such conflict.
APPROVED AND ADOPTED THIS 7th
DAY OF AUGUST
, 1980.
CITY OF JACKSONVILLE, ARKANSAS
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ATTEST:
:JJtw. -jt,..~ 6~_ (j/Ua-
CITY CL{R~ tI
APPROVED AS TO FORM:
?cWl
CITY ATTORNEY
(EMERGENCY CLAUSE AFFIXED, ORDINANCE EFFECTIVE AUGUST 7TH, 1980/NANCY GERREN,
CITY CLERK)
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