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1058 /()(J ORDINANCE NO. 1058 (#7-96) AN ORDINANCE MODIFYING THE FAIR HOUSING CODE IN THE CI7Y OF JACKSONVILLE~. AMENDING CHA~/t:..R 9.28 OF THE JACKSONVILLE MUNICIPAL CODE; AND~ FOR OTHER PURPOSES. ------------------------------------------- ------------------------------------------- WHEREFORE, THE FAIR HOUSING CODE PROVISIONS IN THE CITY OF ~ACKSONVILLE, ARKANSAS, ARE IN NEED OF AMENDMENT TO PROVIDE FOR MORE EFFICIENT AND ACCURATE USAGE; AND SO AS TO COMPLY WITH RECENT CHANGES IN FEDERAL LAW. NOW, THEREFORE, BE IT ORDAINED BY THE CllY COUNCIL OF THE CITY OF ~ACKSONVILLE, ARKANSAS, THAT: SEt.; liON ONE: ~ACKSONVILLE MUNICIPAL CODE CHAt"' I ER g. 28 SHALL BE AMENDED TO INCLUDE THE FOLLOWING PROVISIONS, MODIFICATIONS, ADDITIONS, AND DELETIONS: JMC 99.28.030: DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING. IT SHALL BE UNLAWFUL: A. To REFUSE TO SELL OR RENT Ar- I ER 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, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY; B. 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, SEX, NATIONIORIGIN, FAMILIAL STATUS, OR DISABILITY; C. 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, SEX, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY OR AN INTENTION TO MAKE ANY SUCH PREFERENCE, LIMITATION, OR DISCRIMINATION; D. To REPRESENT TO ANY P_ERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, \..-, NATIONAL ORIGIN, FAMILIAL STATUS OR DISABILITY, THAT ANY DWELLING IS NOT AVAILABLE FOR INSPECTION, SALE, OR RENTAL WHEN SUCH DWELLING IS IN FACT SO AVAILABLE; E. FOR PROFIT, TO INDUCE OR AIIEMPT 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, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY; JMC 99.28.040: DISCRIMINATION IN THE FINANCING OF HOUSING IT SHALL BE UNLAWFUL FOR ANY BANK, BUILDING AND LOAN ASSOCIATION, INSURANCE COMPANY OR OTHER CORPORATION, ASSOCIATION, 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 /0/ ORDINANCE No. 1058 (#7-96) PAGE Two 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, SEX, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY OF SUCH PERSON OR OF ANY PERSON ASSOCIATED WITH HIM IN CONNECTION WITH SUCH LOAN OR OTHER FINANCIAL ASSISTANCE OR 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: PROVIDED, THAT NOTHING CONTAINED IN THIS SECTION SHALL IMPAIR THE SCOPE OR EFFECTIVENESS OF THE EXCEPTION CONTAINED IN ~MC 99.28.030 (F.>' JMC 99.28.050,: DISCRIMINAnoN 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, ACCESS MEMBERSHIP, OR PARTICIPATION, ON ACCOUNT OF RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY. JMC 99.28.060: EXEMPTION NOTHING IN THIS CODE SHALL PROHIBIT A RELIGIOUS ORGANIZATION, ASSOCIATION, OR SOCIETY, OR ANY NON-PROFIT INSTITUTION OR ORGANIZATION OPERATED, SUPERVISED OR CONTROLLED BY OR IN CONNECTION 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 PERSON, UNLESS MEMBERSHIP IN SUCH RELIGION IS RESTRICTED ON ACCOUNT OF RACE, COLOR, SEX, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY. NOR SHALL ANYTHING IN THIS CODE PROHIBIT A PRIVATE CLUB NOT IN FACT OPEN TO THE PUBLIC, WHICH AS AN INCIDENCE 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. JMC 99.28.090: 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 ABOUT TO OCCUR (HEREAt" I ER "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 FORM AS THE OFFICER REQUIRES. UPON RECEIPT OF SUCH A COMPLAINT THE OFFICER SHALL FURNISH A COPY OF THE SAME TO THE PERSON OR PERSONS WHO ALLEGEDLY COMM! I I ED OR ARE ABOUT TO COMMIT THE ALLEGED DISCRIMINATORY HOUSING PRACTICE. WITHIN THIRTY DAYS At" I ER 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 INFORMAL ENDEAVORS MAY BE MADE PUBLIC OR USED AS EVIDENCE IN A SUBSEQUENT /t"/ ORDINANCE No. 1058 (#7-96) PAGE THREE PROCEEDING UNDER THIS CODE WITHOUT THE WRITTEN CONSENT OF THE PERSONS CONCERNED. ANY EMPLOYEE OF THE DULY AUTHORIZED OFFICER WHO SHALL MAKE PUBLIC ANY INFORMATION IN VIOLATION OF THIS PROVISION SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS ($ I ,OOO.OOL ~MC 99.28.100: ENFORCEMENT BY PRIVATE PERSONS C. THE COURT MAY GRANT AS RELIEF, AS IT DEEMS APPROPRIATE, ANY PERMANENT OR TEMPORARY INJUNCTION, TEMPORARY RESTRAINING ORDER, OR OTHER ORDER, AND MAY AWARD ACTUAL DAMAGES AND NOT MORE THAN ONE THOUSAND DOLLARS ($ I ,000.00) PUNITIVE DAMAGES, TOGETHER WITH COURT COSTS. ~MC 99.28. I 60: GENERAL PENALTY ANY VIOLATION OF THIS ORDINANCE WHICH SECTION DOES NOT PROVIDE FOR A SPECIFIC PENALTY SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS ($ I ,OOO.OOL SECTION TWO: ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. APPROVED AND ADOt-' I t..D THIS & .-tf1 DAY OF 0UNE, 1996. , ~' .J/~...'~ TOMMY SWAIM, M~OR A I I t..SI': L ~. J;,~ ,"-", .. '-.J LULA M. LEONARD, CI1Y CLERK <:;i.r'~"'-..)'''''~' APP D AS TO FORM:,.. \ .// '\ ~') C. / ~/ fY":Jv · /' /~ ROBE11 E. BAMBUt C~IIORN ("