Ordinance No. 95-80-20 v ORDINANCE NO. 95-80-20
FAIR HOUSING ORDINANCE
AN ORDINANCE MAKING IT UNLAWFUL TO REFUSE TO SELL OR RENT A
DWELLING TO ANY PERSON BECAUSE OF RACE, COLOR, SEX, RELIGION
OR NATIONAL ORIGIN; TO DISCRIMINATE FOR SUCH REASONS IN THE
TERMS, CONDITIONS, OR PRIVILEGES OF SALE OR RENTAL OF THE
SAME; TO PUBLICLY INDICATE ANY PREFERENCE ON ACCOUNT OF RACE,
COLOR, RELIGION, SEX OR NATIONAL ORIGIN; TO REPRESENT FALSELY
THAT A DWELLING IS NOT AVAILABLE FOR INSPECTION, SALE OR
RENTAL FOR SUCH REASONS; TO MAKE ANY DISCRIMINATION FOR SUCH
REASONS IN THE PROVISION OF BROKERAGE SERVICES; PROVIDING
FOR EDUCATION AND CONCILIATION WITH RELATION TO COMPLIANCE
AND ENFORCEMENT OF THIS ORDINANCE; MAKING EXCEPTIONS UNDER
STATED CONDITIONS AS TO RELIGIOUS ORGANIZATIONS, ASSOCIATIONS
AND SOCIETIES; DEFINING ITEMS USED IN THIS ORDINANCE AND
PROVIDING PENALTIES FOR VIOLATIONS HEREOF; AND TO FIX THE
EFFECTIVE DATE OF SUCH ORDINANCE.
BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH, FLORIDA, as
follows:
SECTION I. Definitions. Whenever used in this ordinance, the follow-
ing words and terms shall have the following meanings unless the context
necessarily requires otherwise:
"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 of any such building.
"Family" includes a single individual.
"Person" includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trust, unincorporated organizations, trustees in
bankruptcy, receivers, and fiduciaries.
"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.
SECTION II. Subject to the exceptions hereinafter set out it shall be
unlawful for any person to do any of the following acts:
(a) To refuse to sell or rent after the making of a bonafide offer to
do so 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, sex,
religion or national origin.
(b) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of services
or facilities in connection therewith, because of race, color, sex, religion
or national origin.
(c) To make print, or publish, or cause to be made, printed, or
published any notice, statement, or advertisement, with respect to the sale
or rental of a dwelling that indicates any preference, limitation of dis-
crimination based on race, color, sex, religion, or national origin.
(d) To represent to any person because of race, color, sex, religion,
or national origin that any dwelling is not available for inspection, sale
or rental when such dwelling is in fact so available.
(e) For profit, to induce or attempt 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, sex, religion or national origin.
SECTION III. Nothing in this ordinance shall prohibit a religious
organization, association, or society, or any non-profit institution or
organization operated, supervised, or controlled by or in conjunction with
a religious organization, association, or society from limiting the sale,
rental or occupancy of dwellings which it owns or operates for other than
commercial purpose to persons of the same religion, or from giving preference
to such persons, unless membership in such religion is restricted on
account of race, color, sex or national origin.
SECTION IV. 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, sex, religion, or national origin.
SECTION V. The City Manager of Atlantic Beach, Florida, is authorized
and directed to undertake such educational and conciliatory activities as
in his judgment will further the purposes of this ordinance. He may call
conferences of persons in the housing industry and other interested parties to
acquaint them with the provisions hereof and the Committee's suggested means
of implementing it. The City Manager shall further endeavor, with the advice
of the housing industry and other interested parties, to work out programs of
voluntawry compliance and may advise appropriate city officials on matters
of enforcement. The City Manager may issue reports on such conferences and
consultation as it deems appropriate.
SECTION VI. Any person who claims to have been injured by an act made
unlawful by this ordinance or who claims that he will be injured by such an
act, may file a complaint with the City Manager. A complaint shall be filed
within 180 days after the alleged unlawful act occurred. Complaints shall
be in writing and shall contain such information and be in such form as
required by the City Manager. Upon receipt of a complaint, the City Manager
shall promptly investigate it and shall complete its investigation within
fifteen (15) days. If the City Manager finds reasonable cause to believe that
a violation of this ordinance has occurred, or if a person charged with
violation of this ordinance refused to furnish information to the City Manager,
the City Manager may request the City Attorney to prosecute an action in a
court or board of competent jurisdiction against the person charged in the
Complaint. Such request shall be in writing.
Upon receiving such written request and with the assistance of the
aggrieved person and City Manager, within fifteen days after receiving such
request the City Attorney shall be prepared to prosecute an action in the
appropriate court or board of competent jurisdiction, provided a warrant is
sworn out by the aggrieved person and served upon the person or persons
charged with the offense.
SECTION VII. Any person violating any provision of this ordinance
shall be guilty of an offense and upon conviction shall pay a penalty of
not more than $50 for each.
SECTION VII. Nothing in this ordinance requires any person claiming
to have been injured by an act made unlawful by this ordinance to exhaust
the remedies provided herein; nor prevent any such person from seeking relief
at any time under the Federal Civil Rights Acts or other applicable legal
provisions.
SECTION IX. Be it further enacted, that if any section or part of this
ordinance for any reason be held unconstitutional or invalid, the same shall
not affect the constitutionality or validity of the remaining parts or
sections of this ordinance, but the same shall remain in full force and
effect as if the unconstitutional or invalid part had been omitted.
SECTION X. Effective date. This ordinance shall become effective
immediately upon its final passage.
* * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading October 13, 1980
Passed by the City Commission on Second Reading October 13, 1980
Passed by the City Commission on Third and Final Reading November 10, 1980.
ATTEST:
(SEAL)
Adelaide R. Tucker, City Clerk