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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.> 1 (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. - 2 - 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. —3— 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. —4_ 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 -5-