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0602 J . 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. (:)()020 ~ ORDINANCE NO. 6 0 2 PAGE 2. 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 ()()()2'~ J;: 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, ()()()22 " ORDINANCE NO. 602 PAGE 4. 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 ()()()23 7 . ORDINANCE NO. 6 0 2 PAGE 5. 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. OO()24 8 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 ()()O'2." ,fE . . ~ .~) 7 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 ~/~7 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) ()()026