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HomeMy WebLinkAbout2012-08-22 Housing PACKET Ashland Housing Commission Regular Meeting Agenda August 22, 2012: 4:00 – 5:45pm Siskiyou Room – 51 Winburn Way 1. (4:00) Approval of Minutes (5 min) July 25, 2012 2. (4:05) Public Forum (5 min) 3.(4:10)Commissioner Ethics Training (30 min) Barbara Christensen, City Recorder and David Loman, City Attorney 4.(4:40) Housing Trust Fund Discussion (15 min) Brett Ainsworth and Evan Lasley 5.(4:55)Fair Housing Ordinance Options (15 min) 6. (5:10) Clay Street Review Discussion (10 min) 7. (5:20) RVTV-New PSA Discussion (10 min) Barbara Barasa 8.(5:30)Liaison Reports discussion (10 min) Liaison Reports Council (Carol Voisin) Staff(Linda Reid) General Announcements th 9.(5:40)September26 2012 MeetingAgenda Items (5 min) Commissioner items suggested(5 min) Quorum Check – Commissioners not available to attend upcoming regular meetings should declare their expected absence. 10.(5.45)Upcoming Events and Meetings Next Housing Commission Regular Meeting 4:00-5:45 PM; September 26, 2012 11. (5:45) Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND HOUSING COMMISSION DRAFT MINUTES July 25, 2012 CALL TO ORDER ChairRegina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present:Council Liaison Regina AyarsCarol Voisin Brett Ainsworth Barb BarasaStaff Present: Evan LasleyLinda Reid, Housing Specialist Ben Scott Brandon Goldman, Senior Planner Commissioners Absent Richard Billin APPROVAL OF MINUTES Lasley/Scott m/s to approve the minutes of the June 27, 2012 regular Housing Commission meeting. Voice Vote: All Ayes minutes were approved as presented. FAIR HOUSING ORDINANCE REVIEW/UPDATE Reid presented the Fair Housing Ordinance draft having received it back from the City Legal Department. Most of the changes were minor with the exception of section “N” Fair Housing Officer. The Legal Department suggested that the City Attorney, the City Administrator, the Municipal Judge and the Director of Development meet together and discuss who should be the designated Fair Housing Officer and serve in that role. Currently it is the City Attorney. Since that meeting has not taken place the agenda item has been bumped from the August City Council meeting and Reid is not sure when it will go forward. Reid will bring it back to the Housing Commission once the amendment has been made. At this point all Fair Housing complaints that come to the City get evaluated by Reid and then are referred to BOLI with the State or to HUD with the Federal Government. Reid did not believe that the City Attorney has had to act in this capacity in the past. PRELIMINARY REVIEW OF THE DRAFT 2012 HOUSING NEEDS ANALYSIS Reid explained that the Housing Needs Analysis serves a couple of purposes. This report gives the City a look at what the housing needs and demands are within the community and match those up with our inventory of land. ORS 197.267 requires that cities of a certain size undertake a Housing Needs Analysis periodically. Ashland is not large enough to be compelled to do a Housing Needs Analysis; we do it so we can help the elected and appointed officials plan and prepare for housing needs, stated Reid. This draft will be presented next to the Planning Commission at a study session followed by a public hearing at both the Housing Commission and the Planning Commission and then on to the City Council. This analysis will be useful in terms of reviews with planning actions and would be adopted by the City Council as an appendage to the Comprehensive Plan. This draft is still in the preliminary stages but Reid would like some feedback from the Commissioners. 1 The Commissioners discussed the potential land use strategies for addressing key housing issues identified in the 2012 Housing Needs Analysis. One topic discussed was the evaluation of parking requirements and potential reductions to promote smaller unit sizes. Goldman said a recent change to parking standards was made city wide with the Pedestrian Places Overlay Zone. A unit 500 square feet or less does not need additional parking spaces and an increase to on street parking was made. An allowance was also made allowing seven bike parking spots to substitute for automobile parking which would most benefit places such as apartments. . The Commissioners inquired if Southern Oregon University expects to fill all the new Dormitory rooms being built off of Walker Street. They questioned the need for so many units taking into consideration the current enrollment. The college owns many private rental properties which are not included in the count and would this create vacancies with those homes when the dorm room are filled asked the Commissioners? Goldman stated that none of the SOU owned units are indicated in their 2020 master plan as going into market rate housing. Reid stated that Census data used to compile the housing information in the Housing Needs Analysis does take into account SOU multi-family rental properties and counts the dorms as group housing. The Commissioners agreed when Reid presents this draft to City Council she needs to focus on the recommendations that staff is making in order to help address the housing issues. What kind of housing are we going to need to accommodate the future population of Ashland? The Housing Needs Analysis shows that homeownership rates in Ashland lag behind that of Medford, Jackson County and the State of Oregon. Ownership and rental rates are more of a 50/50 split in Ashland rather than a 60/30 ownership to rental rate which it the average for the County and the State. The chart on page 65 of the HNA shows a simple breakdown of existing units. If development continues as it has historically, the City will be looking at a deficit of rental units by 2040. The main purpose of the chart is to determine if the City has enough land in each zone to accommodate the development of needed housing types. The Commissioners will take the opportunity to continue to review the Housing Needs Analysis and then get back with Reid with any comments or recommendation of changes. After that it will go to a public review before the Planning and Housing commission. CLAY STREET REVIEW DISCUSSION The Commissioners reviewed the three options for the property located at 360 Clay Street. Land Bank until current land values increase. Sell the land for Market Value Solicit a proposal for an affordable/mixed-income development The Commissioners recommended that Reid does a survey of housing providers to see what their future plans might be. At one point Jackson County Housing Authority was interested in developing the property. Reid said that Oregon Housing announced their 2012 consolidated funding cycle awards last week. Access was fully funded for their six unit Hyde Park project located in Ashland onDollarhide. The Southern Oregon region received a large amount of the funding. Reid said a wide variety of funding is available through the State of Oregon, HUD (Federal Government), Oregon Trust fund money, Home Money, low income tax credits, Oregon affordable tax credits. After Reid surveys the Housing providers the Commissioners will discuss at next month’s regular meeting in August the options and make a recommendation to go to the City Council. Scott/Lasley m/s to move the Housing Commission meeting to the Siskiyou Room at the department of Community Development and Engineering located at 51 Winburn Way. Voice vote; All Ayes, motion passed. The meeting will be at 4:00 p.m. 2 SECONDARY GOAL DISCUSSION Two of the Housing Commission secondary goals are looking at multi-family zoning and manufactured housing. The Commissioners are concerned about the obstacles preventing home owners from building affordable units. The Commissioners discussed the possibility of restricting Single Family Homes in Multi-Family zones. Goldman explained that in 2004 the City passed a minimum density ordinance for Multi-Family zones. It states that an applicant would need to build out at 80 percent the base density at a minimum. He suggested asking the people who own property in Multi-Family zones if they would have a concern with an added limitation. Goldman gave an update on the vacant land inventory in Ashland. R-3 is a High Density Residential zone and R-2 is Multi-Family Residential. Goldman said there is roughly 40 acres of vacant land available in those two zones to meet the City’s multi-family needs. LIAISON REPORTS DISCUSSION Council –No report Staff- At the August regular Housing Meeting City Recorder Barbara Christianson and City Attorney, David Loman will be giving a presentation on Commission ethics and rules. ND AUGUST 22, 2012 MEETING AGENDA ITEMS Housing Trust Fund Clay Street property options Fair Housing Ordinance Options UPCOMING EVENTS AND MEETINGS th First Reading of the Fair Housing Ordinance, City Council-Aug 7, 2012 Next Housing Commission Regular Meeting August 22, 2012 4:00-6:00 PM in the Siskiyou Room located at the Community Development and Engineering Building at 51 Winburn Way, Ashland Oregon. ADJOURNMENT - The meeting was adjourned at 6:10 p.m. Respectfully submitted by Carolyn Schwendener 3 Housing Commission Memo Title:Fair Housing Ordinance Review/Update Date: August 22, 2012 Submitted By: Linda Reid, Housing Program Specialist Legal has reviewing the draft ordinance and has proposed two options regarding changes to the Fair Housing Ordinance. Option 1: In which the City maintains the option to process fair housing complaints locally. Option 2: In which the City will still have the ability to investigate and mediate fair housing complaints but will not process them locally. Question Would the Housing Commission like to forward a motion regarding the potential changes? Housing Commission Options Forward original motion to council-Ainsworth/Lasley m/s to remove option “O”, including student status as a protected class” from the current draft of the fair housing ordinance and move to forward the current draft to the Council for approval. Voice Vote: All Ayes, motion passed. Forward a new motion supporting one option over another. AN ORDINANCE AMENDING CHAPTER 10.110 OF THE ASHLAND MUNICIPAL CODE REGARDING FAIR HOUSING (OPTION 1) Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. CHAPTER 10.110 FAIR HOUSING SECTIONs: 10.110.010 Declaration of policy. 10.110.020 Definitions. 10.110.030 Unlawful practices. 10.110.040 Exemptions. 10.110.050 Procedures. 10.110.060 Enforcement and Administration 10.110.070 Authority of City Attorney to Adopt Rules 10.110.080 Other remedies. 10.110.090 Penalties. 10.110.100 Severability of invalid provisions. SECTION 10.110.010 Declaration of policy. It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its policy 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 race, color, religion, sex, sexual orientation, gender identity, national origin,source of income, or familial status and, to that end, to prohibit discrimination in housing by any persons. (Ord 2746, 1994) 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, sex, sexual orientation, national origin, disability or familial 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 which is informed of the availability for sale, purchase, rental or lease 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, indicating that the property is available for sale, purchase, rental or lease. H. "Older Person" A person of age fifty-five (55) or older. I. “Familial Status" The presence or absence of children within a household unit, under eighteen (18) years of age.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” also means the condition 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 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 agreement, from federal or state payments, court ordered payments, gifts, bequests, annuities, life insurance policies, and compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any law, 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. “Secretary” as referenced in Section 10.110.080, means the Secretary of Housing and Urban Development. 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, national origin, disability, sex, sexual orientation, gender identity, source of income or familial status; or B. To 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. To 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, or national origin, disability, sex, sexual orientation, gender identity, source of income, or familial status; or D. To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to make a discrimination. E. To 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. A refusal to permit, at the expense of 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 for a 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, sex, sexual orientation, national origin, disability or familial status. 2. A private club not in fact open to the public, which as an 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. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two (2) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as a personal residence.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 hundred (400) square feet gross floor area. C. The prohibitions in section 10.011.020 against discrimination on the basis of sexual orientation and gender identity do not apply to; 1. To 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. 2. To 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 10.011.020 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. Refusal to contract with a governmental agency under 42 U.S.C. 1437f(a) “Section 8”. E. The prohibitions in section 10.011.020 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 sixty (60) daysone 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. In the event that concrete evidence is provided that demonstrates possible discrimination the Fair Housing Officer may also file a complaint with the Ashland Municipal Court as provided in Section 10.110.070. 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. SECTION 10.110.070 Authority of City Administrator to adopt rules. A. The City Administrator is hereby authorized to adopt rules, procedures and forms to assist in the implementation of the provisions of this Chapter. B. Any rule adopted pursuant to this Section shall require a public review process. Not less than ten nor more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time and purpose of the public review process and the location at which copies of the full text of the proposed rules may be obtained. C. During the public review, a designee of the City Administrator shall hear testimony or receive written comment concerning the proposed rules. The City Administrator shall review the recommendation of his or her designee, taking into consideration the comments received during the public review process, and shall either adopt the proposal, modify or reject it. If a substantial modification is made, additional public review shall be conducted, but no additional notice shall be required if such additional review is announced at the hearing at which the original comments are received. D. Unless otherwise stated, all rules shall be effective upon adoption by the City Administrator and shall be filed in the office of the City Recorder. E. Notwithstanding paragraphs B and C of this Section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties. The finding shall state the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days. SECTION 10.110.060SECTION 10.110.080 Other remedies. Nothing herein contained shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing a complaint with any appropriate governmental agency. Federal: Complaints and Answers— A. Enforcement by the Federal Government: 1. An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The secretary, on the Secretary’s own initiative, may also file such a complaint. (a.)Such complaints shall be in writing and shall contain such information and be such form as the Secretary requires. (b.)The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. 2. Upon the filing of such a complaint— (a.) the secretary shall serve notice upon the aggrieved persons acknowledging such filing and advising the aggrieved of the time limits and choice of forums provided under this title; (c.)the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint; (d.)each respondent may file, not later than 10 days after receipt of notice from the Secretary an answer to such complaint; and (e.)the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a compliant, within 100 days after the commencement of such further action), unless it is impracticable to do so. B. Enforcement by State Government: Oregon Revised Statutes 659A.820, et seq, forth the State of Oregon Complaint, Investigation and Hearing Procedures to be carried out by the Commissioner of the Bureau of Labor and Industries (BOLI) C. Enforcement by Private Persons, Civil Action: 1. An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. 2. The computation of such 2-year period shall not include any time during which an administrative proceeding under this title was pending with respect to complaint or charge under this title based upon such discriminatory practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. SECTION10.110.070SECTION 10.110.090 Penalties. Any person violating or causing the violation of any provision of this ordinance has committed an infraction,a Class I violation and, upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person is guilty of a separate violation for each and every day the violation continues. SECTION 10.110.080 SECTION 10.110.100 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) AN ORDINANCE AMENDING CHAPTER 10.110 OF THE ASHLAND MUNICIPAL CODE REGARDING FAIR HOUSING (OPTION 2) Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. CHAPTER 10.110 FAIR HOUSING SECTIONs: 10.110.010 Declaration of policy. 10.110.020 Definitions. 10.110.030 Unlawful practices. 10.110.040 Exemptions. 10.110.050 Procedures. 10.110.060 Enforcement and Administration 10.110.070 Authority of City Attorney to Adopt Rules 10.110.080 Other remedies. 10.110.090 Penalties. 10.110.100 Severability of invalid provisions. SECTION 10.110.010 Declaration of policy. It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its policy 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 race, color, religion, sex, sexual orientation, gender identity, national origin,source of income, or familial status and, to that end, to prohibit discrimination in housing by any persons. (Ord 2746, 1994) 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, sex, sexual orientation, national origin, disability or familial 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 which is informed of the availability for sale, purchase, rental or lease 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, indicating that the property is available for sale, purchase, rental or lease. H. "Older Person" A person of age fifty-five (55) or older. I. "Familial Status" The presence or absence of children within a household unit, under eighteen (18) years of age.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” also means the condition of being and 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 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 agreement, from federal or state payments, court ordered payments, gifts, bequests, annuities, life insurance policies, and compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any law, 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. “Secretary” as referenced in Section 10.110.080, means the Secretary of Housing and Urban Development. 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, national origin, disability, sex, sexual orientation, gender identity, source of income or familial status; or B. To 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. To 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, or national origin, disability, sex, sexual orientation, gender identity, source of income, or familial status; or D. To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to make a discrimination. E. To 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. A refusal to permit, at the expense of the a person with disabilities, reasonable modifications ofexisting 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 for a 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, sex, sexual orientation, national origin, disability or familial status. 2. A private club not in fact open to the public, which as an 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. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than two (2) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as a personal residence.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 hundred (400) square feet gross floor area. C. The prohibitions in section 10.011.020 against discrimination on the basis of sexual orientation and gender identity do not apply to; 1. To 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 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 10.011.020 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. Refusal to contract with a governmental agency under 42 U.S.C. 1437f(a) “Section 8”. E. The prohibitions in section 10.011.020 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 sixty (60) daysone 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. The Fair Housing Officer may also file a complaint with the Ashland Municipal Court asprovided in Section 10.110.070. 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. SECTION 10.110.060SECTION 10.110.070 Other remedies. Nothing herein contained shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing a complaint with any appropriate governmental agency. Federal: Complaints and Answers— A. Enforcement by the Federal Government: 1. An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The secretary, on the Secretary’s own initiative, may also file such a complaint. (a.)Such complaints shall be in writing and shall contain such information and be such form as the Secretary requires. (b.)The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. 2. Upon the filing of such a complaint— (a.) the secretary shall serve notice upon the aggrieved persons acknowledging such filing and advising the aggrieved of the time limits and choice of forums provided under this title; (b.) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint; (c.)each respondent may file, not later than 10 days after receipt of notice from the Secretary an answer to such complaint; and (d.)the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a compliant, within 100 days after the commencement of such further action), unless it is impracticable to do so. B. Enforcement by State Government: Oregon Revised Statutes 659A.820 et seq set forth the State of Oregon Complaint, Investigation and Hearing Procedures to be carried out by the Commissioner of the Bureau of Labor and Industries (BOLI) C. Enforcement by Private Persons, Civil Action: 1. An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. 2. The computation of such 2-year period shall not include any time during which an administrative proceeding under this title was pending with respect to complaint or charge under this title based upon such discriminatory practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. SECTION 10.110.070Penalties. Any person violating or causing the violation of any provision of this ordinance has committed an infraction,and, upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person is guilty of a separate violation for each and every day the violation continues. 10.110.080 SECTION 10.110.080 Severability of invalid provisions. SECTION 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) Housing Commission Memo Title:Clay Street Property Options Revisited Date: August 22, 2012 Submitted By: Linda Reid, Housing Program Specialist Background At their regular meeting in September of 2011 the City Council directed staff to take no action on the lower Clay Street Property with the intent to re-evaluate the City’s options upon significant changes in the lending markets. In 2008 the City partnered with the Housing Authority of Jackson County (HAJC) to purchase a 10 acre property located on Clay Street for the joint purposes of creating affordable housing, and increasing Parks property. As part of the requested purchase price the City traded three lots on Strawberry Lane and the Lithia Way Parking Lot. The Strawberry Lane properties had previously been designated by the City Council to be sold or traded to utilize the proceeds to support City affordable housing goals. The Housing Authority developed a 60 unit affordable housing complex on a 4 acre parcel. At the time of acquisition the Council also voted to allow the Parks Department up to two years to obtain the funding necessary to purchase a portion of Clay Street intended to be utilized as parkland. In February of 2011 approximately 3.18 acres of land was acquired by the Parks Department. The acquisition price for the property includes compensation for approximately .57 acres of land area originally acquired by the City and dedicated as Public Right of Way which was necessary to provide access to the proposed Park property. The combined 3.75 acres in land area is being purchased at the original purchase price value of $360,000 per acre for a total of $1,350,000. Upon final partition of the original City-owned property, the land ownership would be as follows: Parks Department = 3.18 acres City = 0.92 acres Wetland (City) = 1.0 acres Housing Authority of Jackson County (owned) = 3.46 acres Engle Street Right of Way (dedicated) = 0.64 acres Villard Street Right of Way (dedicated) =0.50 acres A total of 1.92 acres of property will remain in City ownership. A one acre area in the North-west corner is a delineated wetland which will remain under City ownership. Approximately 0.92 acres is zoned for multifamily housing (20 units per acre) and could accommodate up to 18 dwelling units. (The entire 10 acre parcel was annexed as multi-family residential R-2 zoned property, at 13.5 units per acre base density. The 0.92 acre site has a base development potential of 12 units. Utilizing a density transfer from the parks portion of the property, or through the application of affordable housing density bonuses, staff believes the site could accommodate 15-18 units depending upon the size and configuration. Housing Commission Options Option #1: Delay re-evaluation for another 6 months, to await the adoption of the Housing Needs Analysis to better inform an RFP and to use as a resource for potential applicants and as a criteria for evaluation of proposals. Option #2: Land Bank Option #3: Sell the land for Market Value- Determine market value of property (comparable property estimates have not been completed at this) Public hearing on disposition of public property Execute purchase and sale agreement Option #4: Soliciting a proposal for an affordable/mixed-income development- Determine development potential Develop RFP for property HC review of RFP Council review and issuance of RFP Developer selection HC recommendation/Council decision Public hearing on disposition of public property Execute purchase and sale agreement Project Development phase