HomeMy WebLinkAbout3077 Amending 10.110 Fair Housing
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ORDINANCE NO.'-)
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE CHAPTER 10.110 FAIR HOUSING
Annotated to show deletions 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 Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 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 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, ender
identity, national origin, source of income, 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, 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.
1. "Familial Status" unit,
unde
eighteen "Q` yea-s 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
Ordinance No. Page 2 of 6
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.
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 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
Ordinance No. Page 3 of 6
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 d4ellings eontaining living quarters oeeupied or intended to be
oeeupied by no more than two (2) families fiving independently of eikeh other-, if the
owner- setually maintains and eeeupies one of sueh living quarters as a per-sonal
. The leasing or renting of a room or rooms within an individual livin¢
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 10.110.030 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 10.110.030 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;
Ordinance No. Page 4 of 6
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 10.110.030 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) days 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.
Offleer may also file a eomplaintwith the Ashland Munieipal Court as provided in Seet
Mo.
SECTION 10.110.060 Other remedies.
Nothing herein eontained shall preVent an), per-son from exer-eising any right or- seeking
an), remedy to whieh sueh per-son might otherwise be entifled or- from filing a eemplaint
with any appropriate gover-nmental ageney.
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 bV an unlawful discriminatory act under the
provisions of this code shall have a cause of action in any court of competent iurisdiction
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 Penalties
Any per-son violating or eausing theviolation of any provision of this ordinfinee has-
and, upon eonvietion e is punishable ns preseribed in
Seetion 1.08.020 of the Ashland Munieipnl Code. Sueh per-son is guilty of a separate
violation for- eaeh and every day theviolation eontinues.
Ordinance No. _ Page 5 of 6
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., Section 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 accordanc with Article X,
Section 2(C) of the City Charter on the day of 2012,
and dul PASSED and ADOPTED this i day of JV?/, __12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this Z day of AM _/O~, 2012.
Ylr~"
Jo~ n Stromberg, Mayor
Revi ed as to for
avid H. Lo man, City Attorney
Ordinance No. Page 6 of 6