HomeMy WebLinkAbout3131 Amending 10.110 Fair Housing
ORDINANCE NO.~ I
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE CHAPTER 10.110 FAIR HOUSING
Annotated to show delet on and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Assn of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 73071 734 (1975); and
WHEREAS, the City of Ashland contracted with the Fair Housing Council of Oregon to
complete and Analysis of Impediments to Fair Housing Choice which recommended that the
City undertake an update of the Fair Housing Ordinance, and
WHEREAS, the City of Ashland Housing Commission considered the above-referenced
recommendation and finalized the recommended amendments to the Ashland Municipal Code at
a duly advertised public hearing on August 22, 2012 and following deliberations recommended
approval of the amendments to the City Council on October 16, 2012.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 10.110 Fair Housing is hereby amended to read as follows:
SECTION 10.110.010 Declaration of Policy.
It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its poliey police
power for the public safety, public health, and general welfare to assure equal opportunity to all
persons to live in decent housing facilities regardless of r-nee, eolor, religion, , sexuO
orientation, gender identity, national origin, souree of ineome, disability, or familial status,
and, to that end, to prohibit discrimination in housing by any persons. (Ord. 2746, 1994)
Ordinance No. Page 1 of 6
SECTION 10.110.020 Definitions.
When used herein:
A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives
and condominiums.
B. "Discrimination" or "discriminatory housing practice" means any difference in treatment
based upon race, color, religion, age, sex, sexual orientation, national origin, source of
income, disability, familial status, or domestic partnership status; or any act that is
unlawful under this ordinance. (Ord. 2713, 1993)
C. "Person" includes individuals, children, firms, associations, joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all
other groups or combinations.
D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person
having the right of ownership or possession, or the right to sell, rent or lease any housing
accommodation.
E. "Financial Institution" includes any person, as defined herein, engaged in the business of
lending money or guaranteeing losses.
F. "Housing accommodation" or "Dwelling" means any building, mobile home or trailer,
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, mobile home or
trailer, structure, or portion thereof or any real property, as defined herein, used or
intended to be used for any of the purposes set forth in this subsection.
G. "Open market" means the market w comprised of members of the general
public who become informed of the availability for sale, purchase, rental or lease to
members of the general public of any housing accommodation, whether informed
through a real estate broker or by advertising by publication, signs or by any other
advertising methods directed to the public or any portion thereof.
H. "Older Person" A person of age fifty-five (55) or older.
l "Fa istatus ""Familial" means a relationship between one or more individuals who
have not attained 18 years of age and an adult with whom the individual(s) is (are)
domiciled and who is (1) a parent or person having legal custody of the individual(s), or
(2) an adult to whom such parent or person having such custody has given written
permission to provide housing for the individual(s). "Familial status" "Familial" also
means the eondi includes the characteristic of being an individual, regardless
of age or domicile, who is pregnant or is in the process of securing legal custody of an
individual who has not attained 18 years of age.
J. "Disability" means a physical or mental impairment which substantially limits one or
more major life activities. "Disability" includes having a record of such an impairment or
being regarded as having such an impairment
K. "Sexual orientation" means attraction to or selection of a sexual partner according to
gender. "Sexual orientation" includes having a history of that attraction or selection, or
being identified with that attraction or selection. "Sexual orientation" is limited to
heterosexuality, homosexuality, and bisexuality.
L. "Source of Income" means the type of financial resources a person uses to support
himself or herself and his or her dependents, including but not limited to money and
property from any occupation, profession or activity, from any contract, settlement or
Ordinance No. Page 2 of 6
agreement, from federal or state payments, 11rants, scholarships, loans, Federal Student
Aid, Social Security benefits, Section 8 housing choice voucher assistance, court
ordered payments, gifts, bequests, annuities, life insurance policies, pensions, retirement
savings, and compensation for illness or injury. , but exeluding any money or property
Source of income does not include income derived from a specific occupation or
income derived in a manner made illegal or criminal by any State or Local statute or
ordinance.
M. "Gender Identity" means a person's actual or perceived sex, including a person's,
appearance, expression or behavior, whether or not that identity, appearance, expression or
behavior is different from that traditionally associated with the person's sex at birth.
N."Fair Housing Officer" means the City Attorney or designee who will serve as the
designated Fair Housing Officer.
O."National Origin" means a person's country of birth or ancestry.
P."Age" means havinj4 the characteristic of being 18 years of axle or odder or except *ha*
for purposes o seetâ– oY1 10.110.040 a (1), "a2/1'~ also means the ehar eter-isti 1 o
1.1
having received a decree of emancipation from the State of Oregon pursuant to
ORS 419B.552.
Q. "Domestic partnership" means a relationship between two persons who meet the
following requirements: live as a family in a relationship of mutual support, caring
and commitment, and intend to remain in such a relationship; neither is married or
the domestic partner of any other person; are each 18 years of age or older; are not
related by blood kinship closer than would bar marriage in the state of Oregon;
and are mentally competent to consent to contract. Domestic partnership shall also
be demonstrated by having registered, certified or affirmed the relationship with
any appropriate, legally established registry with substantially similar criteria
within any jurisdiction in the United States.
SECTION 10.110.030 Unlawful Practices.
In connection with any of the transactions set forth in this section which affect any housing
accommodation in the open market, or in connection with any public sale, rental or lease of any
housing accommodation, it shall be unlawful within the City of Ashland for a person, owner,
financial institution, real estate broker or real estate salesman, or any representative of the above,
to:
A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a
person because of race, color, religion, at!e, sex, sexual orientation, gender identity,
national origin, source of income, disability, familial status or domestic partnership
status; or
B. To It Discriminate against a person in the terms, conditions or privileges of the sale, rental
or lease of any housing accommodation, or in the furnishing of facilities of services in
connection therewith; or
C. a-v Represent to a person that any housing accommodation is not available for
inspection, sale, rental or lease when in fact it is so available, or to refuse to permit a
person to inspect any housing accommodation on the open market because of race, color,
religion, awe, or national origin, disability, sex, sexual orientation, gender identity, source
of income, familial status or domestic partnership status; or
Ordinance No. Page 3 of 6
D. "fie, publish, TL p pZint, eifetTiLCate, post o u 1.1 Jse
v
T TG C made, to be published, pfinted,
> mailed, posted of any 7 statement or adveftisement, of announce
> sale, of sign of use a f6fm of applieation fof the 7 lease of finaneing of any
housing eeo mo atio ~ or make n feeofd of inq irc in connection ~A,ith the pfos eetiye
sale, C~.t~¢ r~ ~ ~ ~~1p 1]1
rental-lease of finaneing of any housing a eommo a i which indicates any
dic~efimiv~a r or any intent + to make n i'lisefiminat o
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E. T--o--r Retaliate or discriminate in any manner against a person because that person has
opposed a practice declared unlawful by this article, or because that person has filed a
complaint, testified, assisted or participated in any manner in any investigation,
proceeding, hearing or conference under this ordinance; or
F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective
purchaser, renter or lessee. (Ord. 2746, 1994)
G " refusal Refuse to permit, at the expense of the a person with disabilities, reasonable
modifications of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enjoyment of the
premises, except that, in the case of a rental, the landlord may where it is
reasonable to do so condition permission fora modification on the renter agreeing
to restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted.
SECTION 10.110.040 Exemptions.
A. This ordinance shall not apply to:
1. A religious organization, association, or society or any nonprofit institution or
organization operating, supervised, or controlled by or in conjunction with a religious
organization, association, or society, which limits the sale, rental, or occupancy, of
dwellings which it owns or operates for other than commercial purposes to persons of the
same religion, or which gives preference to such persons, unless membership in such a
religion is restricted on account of race, color.. Vie, sex, sexual orientation, ender
identity national origin, disability, familial status, or domestic partner status.
2. A private club not open to the public, which incident to its primary purpose or purposes,
provides lodgings which it owns or operates for other than a commercial purpose, and
which limits the rental or occupancy of such lodgings to its members or gives preference
to its members.
3. The leasing or renting of a room or rooms within an individual living unit which is
occupied by the lessor as his or her primary residence.
B. The requirements of this ordinance on prohibition of discrimination on the basis of familial
status shall not apply to:
1. Dwellings provided under any State or Federal program specifically designed to assist
older persons, or to dwellings in bona fide retirement communities designed and operated
for older persons or dwellings otherwise intended and operated exclusively for older
persons, equipped with facilities specifically designed for the physical and social needs of
such persons.
2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum
number of occupants permitted to occupy a dwelling unit.
3. Any housing provided, owned or operated by the State or Federal Government.
4. Any housing unit of less than four hundired (400) square feet gross floor- fiffea.
Ordinance No. Page 4 of 6
C. The prohibitions in section 10.014.0 10.110.020 against discrimination on the basis of
sexual
orientation and gender identity do not apply to;
1. To the The leasing or renting of a room or rooms within an individual living unit which is
occupied by the lessor as his or her residence.
2. To the The leasing or renting of a room or rooms within individual units where one of the
units is owner occupied;
3. To Space within a church, temple, synagogue, religious school, or other facility used
primarily for religious purposes.
D. The prohibitions in section! 0.0 1non 10.110.020 against discriminating on the basis of
source of
income do not prohibit:
1. Inquiry into and verification of a source or amount of income;
2. Inquiry into, evaluation of, and decisions based on the amount, stability, security or
creditworthiness of any source of income;
3. Screening prospective purchasers and tenants on bases not specifically prohibited
by this chapter or state or federal law;
4. Refusato eentira 42 U.SC-143' f(a) "Seetion
Q
on
E. The prohibitions in section 10.011.0 10.110.020 against discriminating on the basis of
gender identity do not prohibit:
1. Health or athletic clubs or other entities that operate gender-specific facilities
involving public nudity such as showers and locker rooms, from requiring an individual
to document their gender or transitional status. Such documentation can include but is
not limited to a court order, letter from a physician, birth certificate, passport, or driver's
license.
SECTION 10.110.050 Procedures.
Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint
with the Fair Housing Officer no more than one year after the alleged unlawful practice occurred.
The Fair Housing Officer or a duly authorized representative shall investigate each complaint
and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties
and compliance with this ordinance shall cause the Fair Housing Officer to forward the
complaint and findings to appropriate state and federal officials.
SECTION 10.110.060 Enforcement and Administration.
A. The provisions of this section are in addition to state and federal law, nothing in this section
precludes complainants from pursuing other remedies available under any appropriate
government agency or under the statutes and procedures established in ORS Chapter 659A.
B. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions
of this code shall have a cause of action in any court of competent jurisdiction for damages and
such other remedies as may be appropriate. Election of remedies and other procedural issues
relating to the interplay between administrative proceedings and private rights of action shall be
handled as provided for in ORS 659A.870. 659A. 885 and 659A. 890. The court may grant such
relief as it deems appropriate, including but not limited to such relief as is provided in ORS
659A.885.
Ordinance No. Page 5 of 6
SECTION 10.110.070 Penalties.
Violation of this chapter is a Class I violation, punishable in accordance with AMC
1.08.020.
SECTION 10.110.080 Severability of invalid provisions.
In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or
the application of such sections, subsections, clauses or provisions to any situations,
circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance
or the application of such sections, subsections, clauses or provisions to any other situation,
circumstance or person, and it is intended that this ordinance shall be constructed and applied as
if such had not been included in this ordinance. (Ord. 2527, 1989; Ord. 2713, 1993)
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i. e., Sections 2) need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in acc rdance with Article X,
Section 2(C) of the City Charter on the day of , 2016,
and dul PASSED and ADOPTED this day of , 2016.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 64 day of 402462016.
el,
/C~~Z
Jo Stromberg, Mayor
Reviewed as to form:
David H. Lohman, ity Attorney
Ordinance No. Page 6 of 6