1058
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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.
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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,
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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
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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
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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
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DAY OF 0UNE, 1996.
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TOMMY SWAIM, M~OR
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LULA M. LEONARD, CI1Y CLERK
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APP
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