HomeMy WebLinkAbout1521ORD; MANCE NO-, 1521
AN ORDINANCE of the City of Kent, Washington
defining and prohibiting unfair housing
Tractices in the sale and offering for sale
and in the rental and offering for rent and
in the financing; of housing accommodations
with:`n the City of Kent, Washington, defin-
ing offenses and prescribing penalties and
providing for the enforcement thereof under
theprovisi,.ns of RCS,' 49,60.010, et a1, and
through the facilities of the "Washington
State Board Against Discrimination",
THE CITY COI NCIL OF THE CITY OF' KENT, WASHINGTON DO
ORDAIN AS FOLLOWS;
Sectio_i 1. _Declaration of l'olicy. Recognizi..g that
di-crinination in housing adversely and •eriously affects the
public he_lth, safety and welfare nd in the belief that it
I-, a fundam ntal buwan right that all persons, regardless of
race; -olor, religion, ancestry or national origin should be
as_-ured an equal opportunity to acquire, use and possess
rousing facilities within the City of Kent, this Ordinance
is enacted and certain practices described as unfair housing
practices are prohirited as an exercise of the police power
of the City of Kent.
Section.. 2. Definition:,, Definitions as used in this
Orainance, unless additional meaning clearly appears, from
the context, shall have the _.eaning subscribed -
(1) "Housing Accommodations" shall include any dwell-
ing, dwelling unit; rooring unit, rooming rouse, lot or parcel
of land in the City of Kent which is used, intender t., be used,
or arranged or designed to be used as, or improved with, a
residential structure for one or more human beings,.
(2) "Dwelling" includes any building containing one
or more di lling units.
(3) 'Dwelling Lnit" includes a suite of rooms for
occupancy by one family containing space for 1:'.vi.ng, sleeping
and preparation of food, and containing toilet and bathing
facilities,
(4) "Rooming Uiit" includes one or more rooms within
a dwelling unit or rooming house containing space for living
and sleeping,,
(5) "Person" includes one or more individuals,
partnerships, or other organization, trade or professional
associations, corporations, legal representatives, trustees,
trustees in bankruptcy., and receivers.>
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(6) "Owners" include persons who own, lease,
sublease, rent, operate, manage, have charge of, control,
or have the right of ownership, possession, management,
charge, or control of the housing accommodation, on their
own behalf or on behalf of another.
(7) "Occupant" includes any person who has the
right to occupancy in a housing accommodation.
(8) "Prospective Occupant" includes any person
who seeks to purchase, lease, sublease or rent a housing
accommodation.
(9) "Real Estate Broker" includes any person who
for a fee, commission, or other valuable consideration,
lists for sale, sells, purchases, exchanges, leases or
subleases, rents or negotiates or offers or attempts to
negotiate the sale, purchase, exchange, lease, sublease
or rental of a housing accommodation of another, or holds
himself out as engaged in the business of selling, purchas-
ing, exchanging, listing, leasing, subleasing, or renting
a housing accommodation of another, or collects the rental
for the use of a housing accommodation of another.
(10) "Real Estate Agent, Salesman, or Employee"
includes any person employed by or assaciated with a real
estate broker to perform or assist in the performance of
any or all of the functions of a real estate broker.
(11) "Lender" includes any bank, insurance company,
savings or building and loan association, credit union, trust
cmmpany, mortgage company, or other person engaged wholly
or partly in the business of lending money for the financ-
ing or acquisition, construction, repair, or maintenance
of a housing accommodation.
(12) "Prospective Borrower includes any person
who seeks to borrow money to finance the acquisition, con-
struction, repair, or maintenance of a housing accommodation.
(13) "Unfair Housing Practice" means any act pro-
hibited by this ordinance.
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tial OlPersons Aggrieved" means any person against whom any atre,;�.: s.
fair housing practice has been committed.
(15) "Respondent" means any person who is alleged to have committed an
unfair housing practice.
(16) "Commission" means the "Washington State Board Against Discrimination"
as established by RCW 49.60.050 of the Laws of the State of Washington.
Section 3. Unfair Housing Practices as hereinafter defined in the sale
and offering for sale and in the rental and offering for rent of housing accomodations
are contrary to the public peace, health, safety and general welfare are hereby pro—
hibited by the City of Kent in the exercise of its police power.
Section 4. Unfair Housing Practices Forbidden.
(1) No owner, lessee, sublessee,assignee, real estate broker, real es—
tate,salesman, managing agent of, or other person having the right to sell, rent, lease,
sublease, assign, transfer, or otherwise dispose of a housing accommodation shall refuse
to sell, rent, lease, sublease, assign, transfer, or otherwise deny to, or withhold from
any person or group of persons such housing accommodations, or segregate the use thereof,
or represent that such housing accommodations are not available for inspection, when in
fact they are so available, or expel or evict an occupant from a housing accommodation
because of the race, color, religion, ancestry or national origin, of such person or per—
sons,or discriminate against or segregate any person because of his race, color, reli—
gion, ancestry or national origin, in the terms, conditions, or privileges of the sale,
rental, lease, sublease, assignment, transfer, or other disposition of any such housing
accommodations or in the furnishing of facilities or services in connection therewith.
(2) A real estate broker, agent, salesman, or employee shall not, because
of race, color, religion, ancestry, or national origin of an occupant, purchaser,
prospective occupant, or prospective purchaser:
(a) Refuse or intentionally fail to list or discriminate in listing
a housing accommodation for sale, rent, lease, or sublease.
(b) Refuse or intentionally fail to show to a prospective occupant
the housing accommodation listed for sale, rental, lease or sublease.
(c) Refuse or Intentionally fail to accept and/or transmit to an
owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation.
(d) Otherwise discriminate against an occupant, prospective occupant,
purchaser, or prospective purchaser of a housing accommodation.
(3) No person, bank, banking organization, mortgage company, insurance
company, or other financial Institution or lender, or any agent or employee thereof, to
whom application is made for financial assistance for the purchase, lease, acquisition,
construction, rehabilitation, repair, or maintenance of any housing accommodation shall—
(a) discriminate against any person or group of persons because of
race, color, religion, ancestry, or national origin of such person or group of persons
or of the prospective occupants or tenants of such real property in the granting, with—
holding, extending, modifying, or renewing, or in the rates, terms, conditions, or privi—
leges of, any such financial assistance or in the extension of services in connection
therewith, or
(b) use any form of application for such financial assistance, or
make any record of inquiry In connection with applications for such financial assistance
which expresses, directly or indirectly, any limitation specification, or discrimi—
nation, on the ground of race, color, religion, ancestry or national origin..
(4) An owner, person, real estate broker, agent, salesman, employee, or
lender shall not—
(aJ- require any information, make, or keep any record,or use any
form of application containing questions or entries concerning race, color, religion,
ancestry, or national origin in connection with the sale, rental, lease, or sublease of
any housing accommodation.
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Sb) ' pub'Iish, circulate, issue, or display, or cause to be,'p!Jb1'14hed} cl-rou—
lated issued, or displayed, any communication, notice, adverI isement, or sign of any
kind relating to the sale, rental, lease, subiease, ass+gr1inent, transfer or listing of
a housing accommodation or accommodations which indicate any preference, limitation,
specification, or discrimination based on race, color, religion, ancestry or national
origin.
(c) aid, abet, incite, compel or coerce the doing of any act defined In this
ordinance as.an unfair housing practice; or obstruct or d,^scr-iminate against a person
in any manner because he has complied or proposes to cpip�y with the provisions of this.
ordinance or has filed a complaint, testified , or assisteci in any proceeding under the
ordinance, or any order issued thereunder, or attempt: ether directly or indirectly,
to commit any act defined in this ordinance to be .3n unfair housing practice or apply
any economic sanctions or deny any membership prlv��eges because of compliance with the
provisions of this ordinance.
Section 5. Enforcement Procedures.
(I) Any person claiming to be aggrievezi cy a v�olarion of any provision of
this ordinance may, by himself or his attorney, make, sign and file with the commission
a complaint in writing under oath. The complaint shall state the name and address of
the person alleged to have committed the unfair pia rice and the particulars thereof
and contain such other information as may be ray;,ired by the commission.
(2) Whenever it has reason to believe that any person has been engaged or is
engaging in an unfair practice the commission may issue a c.omp`aint°
(3) Any employer or principal whose employees or agents or any of them refuse
or threaten to refuse to comply with the provision- of iris crd`nance may file with the
commission a written complaint under oath asking for ass 'lstance.by concilliation or
other remedial action.
(4) Any complaint filed purusant to this Sect°on must De filed with the
commission within fifteen (15) days after the alleged act of discrimination.
(5) The procedures to be followed upon the filing of any such complaint shall
be those as set.forth in RCW Chapter 49.60 of the Laws of the State of Washington.
Section 6
Upon the filing of a complaint withthe commiss;on as provided for in this
ordina=.and after a preliminary investigation by said commission during which said
commission shall determine that there is probable cause to credit the allegation of the
complaint, or if the chairman of said commission after 9aW41h review shall determine that
there is probable cause and if in complaints of discrimination in housing, the property
owner or his duly authorized agent will not agree voluntar'il'y to withhold from the
market the subject housing accommodations for a period of ten f10) days from the date
of said findings of probable cause, the commission may cause to be posted for a period
of ten (_10) days from the date of said finding on the door' of said housing accommo—
dations a notice advising that said accommodations are the subject of a complaint
before the commission and that prospective transferees wili take said accommodations
at their peril. Any destruction, defacement, alteration or removal of said notice
shall be punished on conviction thereof by a fine of Three Hundred Dollars ($300.00)
or by imprisonment for not more than ninety (90) days, or by both such fine and
'imprisonment.
Section 7, Exclusions. Nothing in this ordinance shall:
(I) Apply to the renting, subrenting, Lasing or subleasing of a single
`family dwelling wherein the owner or owners or persons entitled to the possession and
occupancy thereof normally maintain or intend to maintain his or their residence, home
or abode, and intends to accupy the same.
• (2) Be interpreted topQfhib+any
person
the basmsmaking
factorschoice
considerat9ons
prospective purchasers or tenants
o
p perty on
other than race, color, religion, ancestry or national origin.
Section 8. Penalty. Any person or persons viulating any provision of this
ordinance shall upon conviction thereof be punished b.,� a tine of not more than Three
'Hundred Dollars ($300.00) or by imprisonment for not snare than ninety (90) days, or by
both such fine and imprisonment,provided, however, that this penalty provision shall
'be in addition to any other penalties imposed by the commission after a hearing on any
alleged violation of this ordinance.
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Section, 9.• Se,verab i I i t y. The provisions of this ord i nance•'�re' Sisverab I'e f
and if any provision, 'sentence, clause, section or part thereof is held e.I`ii9gaI ,
,
invalid or unconstitutional or inapplicable to any person or circumstance, illegality
invalidity, unconstitutionality or inapplicability, shall not affect or impair any of
the remaining provisions, sentences, clauses, sections or parts of this ordinance or
their application to other persons or circumstances. It is hereby declared to be the
intent of the City Council that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section or part had
not been included therein, and if the person or circumstances to which the ordinance
or any part thereofis inapplicable had been specifically exempted therefrom.
Section 10. This ordinance shall be in full force and effect five (51 days
from and after its passage, approval and pubiication provided by law.
ALEX THORNTON, Mayor
ATTEST:
MARIE JENSE , C'ty Clerk
Approved as to form:
JO BEREITER, City Attorney
Passed the Is.t day of JULY , 1968
.Approved the 2ndday of JULY , 1968
Published the 16 day of , 1968
.I hereby certify that this is a true copy of Ordinance N0. 152 ,
passed by the City Council of the City of Kent and approved by the Mayor of the City
of Kent as hereon indicated.
(Sea1D
MARIE JENS , ity Cie k
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