0633 Non-Discrimination in HousingORDINANCE NUMBER 633
AN ORDINANCE DECLARING IT TO BE THE POLICY OF THE CITY
OF OKEECHOBEE, FLORIDA, TO ELIMINATE DISCRIMINATION IN
HOUSING BASED UPON RACE, COLOR, RELIGION, SEX, AGE,
FAMILIAL STATUS, HANDICAP, OR NATIONAL ORIGIN:
PROVIDING DEFINITIONS; SPECIFYING EXEMPTIONS; SPECIFYING
UNLAWFUL ACTS OF DISCRIMINATION IN THE SALE OR RENTAL OF
BROKERAGE SERVICE; PROVIDING FOR THE ADMINISTRATION OF
THIS ORDINANCE; PROVIDING FOR PROCEDURES FOR INITIATION
AND ACTING UPON COMPLAINTS; PROVIDING FOR HEARINGS;
PROVIDING FOR OTHER REMEDIES; PROVIDING PROCEDURES FOR
FILING REPORTS WITH THE REAL ESTATE COMMISSION OF THE
STATE OF FLORIDA; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR LIMITED INVALIDATION AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS:
SECTION I. DECLARATION OF POLICY
It is hereby declared to be the policy of the City of Okeechobee,
Florida, in the exercise of its police power for the public safety,
public health, and general welfare, to assure equal opportunity to
obtain adequate housing by all persons, regardless of race, color, sex,
age, religion, national origin, familial status, or handicap, and, to
that end, to eliminate discrimination in housing.
SECTION II. DEFINITIONS
When used herein:
(a) "Council" means the City of Okeechobee, Florida.
(b) "Dwelling" means any building, structure, or portion hereof
which is occupied as, or designated 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, structure, or portion thereof.
(c) "Family" includes a single individual.
(d) "Person" includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal representatives,
mutual companies, point -stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, receivers, and
fiduciaries.
(e) "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.
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under Section 4, 5, or 6 of this Ordinance.
Alan
NMI
(f) "Discriminatory housing practice" means an act that is unlawful
(g) "Handicap" means that a person has a physical or mental
impairment which substantially limits one or more major life activities
or that he/she has a record of having, or is regarded as having, such
physical or mental impairment.
(h) "Familial status" means one or more individuals (who have not
attained the age of 18 years) being domiciled with
(1) A parent or another person having legal custody of such
individual or individuals; or
(2) The designee of such parent or other persons having such
custody, with the written permission of such parent or other persons.
The protections afforded against discrimination on the basis of familial
status shall apply to any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the age of
18 years.
SECTION III. EXEMPTIONS
(a) Nothing in Section 4 (other than Subsection [b]) shall apply to:
(1) any single- family house sold or rented by an owner:
PROVIDED, That such private individual owner does not own more
than three such single- family houses at any one time:
PROVIDED FURTHER, That in the case of the sale of any such
single- family house by a private individual owner not residing
in such house at the time of such sale or who was not the most
recent resident of such house prior to such sale, the exemption
granted by this Subsection shall apply only with respect to one
such sale within any twenty -four (24) month period:
PROVIDED FURTHER, That such bona fide private individual owner
does not own interest in, nor is there owned or reserved on his
behalf, under any express or voluntary agreement, title to any
right to all or a portion of the proceeds from the sale or
rental or, more than three (3) such single family houses at any
one time:
PROVIDED FURTHER, That after the effective date of this
Ordinance the sale or rental of any such single- family house
shall be excepted from the application of this Ordinance only if
such house is sold or rented (A) without the use of any manner
of sales or rental facilities or the sales or rental services of
any real estate broker, agent, or salesman, or of such
facilities or services of any person in the business of selling
or renting dwellings, or of any employee or agent of any such
broker, agent, salesman, or person and (B) without the
publication, posting or mailing, after notice, of any
advertisement or written notice in violation of Section 4 (C) of
this title; but nothing in this provision shall prohibit
the use of attorneys, escrow agents, abstractors, title
companies, and other such professional assistance as necessary
to perfect or transfer the title, or
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(2) rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four (4) families
living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
(b) For the purposes of Subsection (a), a person shall be deemed to
be in the business of selling or renting dwellings if:
(1) he has, within the preceding twelve (12) months, participated as
principal in three (3) or more transactions involving the sale
or rental of any dwelling or any interest therein, or
(2) he has, within the preceding twelve (12) months, participated as
agent, other than in the sale of his personal residence in
providing sales or rental facilities or sales or rental services
in two (2) or more transactions involving the sale or rental of
any dwelling or any interest therein, or
(3) he is the owner of any dwelling designated or intended for
occupancy by, or occupied by, five (5) or more families.
(c) Nothing in this ordinance shall prohibit a religious
organization, association, or society, or any nonprofit 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 a 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, age, religion, national
origin, familial status, or handicap. Nor shall anything in this
Ordinance prohibit a private club not in fact open to the public, which
as an incident to its primary purpose or purposes provides lodgings from
which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodgings to its members or from
giving preference to its members.
(d) Nothing in this Ordinance requires any person renting or selling
a dwelling to modify, alter or adjust the dwelling in order to provide
physical accessibility except as otherwise required by law.
SECTION IV. DISCRIMINATION IN THE SALE OR
RENTAL OF HOUSING
As made applicable by Section 3 and except as exempted by Sections
3 (a) and 7, it shall be unlawful:
(a) To refuse to sell or rent after making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise make
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unavailable or deny, a dwelling to any person because of race, color,
sex, age, religion, national origin, familial status, or handicap.
(b) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in provision of services
or facilities in connection therewith, because of race, color, sex, age,
religion, national origin, familial status, or handicap.
(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, imitation,
or discrimination based on race, color, sex, age, religion, national
origin, familial status, or handicap, or an intention to make any such
preference, imitation, or discrimination.
(d) To represent to any person because of race, color, sex, age,
religion, national origin, familial status, or handicap 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, age, religion, national origin, familial
status, or handicap.
SECTION V. DISCRIMINATION IN THE FINANCING
OF HOUSING
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans, to deny a loan or other financial assistance to a
person applying therefore for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling, or to discriminate
against him in the fixing of the amount, financial assistance, because
of race, color, sex, age, religion, national origin, familial status, or
handicap of such person of any person associated with him in connection
with such loan or other financial assistance or of the present or
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prospective owners, lessees, tenants, or occupants of the dwelling or
dwellings in relation to which such loan or other financial assistance
is to be made or given:
PROVIDED, that nothing contained in this Section shall impair the scope
or effectiveness of the exception contained in Section 3.
SECTION VI. DISCRIMINATION IN THE PROVISION OF
BROKERAGE SERVICE
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, age, religion, national origin, familial
status, or handicap.
SECTION VII. ADMINISTRATION
(a) The authority and responsibility for administering this
Ordinance shall be with the Council.
(b) The Council may delegate its functions, duties, and powers to
an appointed board, including functions, duties, and powers with respect
to investigating, conciliating, hearing, determining, ordering,
certifying, reporting, or otherwise acting as to any work, business, or
matter under this Ordinance.
(c) The Council or its appointed board shall:
(1)implement the provisions of this Ordinance and rules and
regulations promulgated hereunder and all Ordinances, codes,
rules, and regulations pertaining to housing discrimination.
(2)receive, initiate, and investigate any and all complaints
alleging violations of the Ordinance, and take appropriate
action to eliminate, conciliate, prevent, and /or initiate
prosecution of any such violations.
(3)provide assistance in all matters relating to equal housing
opportunity.
(4)publish and disseminate public information and educational
materials relating to housing discrimination.
(5)enter into written working agreements, as may be necessary
to effectuate the purposes of this Ordinance, with federal,
state and county agencies involved in reducing housing
discrimination.
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(6)administer oaths and compel the attendance of witnesses and
the production of evidence before it by subpoenas issued by
the Council or its appointed board.
(7)take other informational, educational, or persuasive actions
to implement the purposes of this Ordinance.
SECTION VIII. PROCEDURE
(a) Any person aggrieved by an unlawful practice prohibited by this
Ordinance must file a written complaint with the Counselor its appointed
board within forty -five (45) days after the alleged unlawful practice
occurs.
(b) Upon receipt of a complaint, the Council or its appointed board
shall serve upon the individual charged with a violation (hereinafter
referred to as the respondent), the complaint and a written resume
setting forth the rights of the parties including, but not limited to,
the right of the respondent to a hearing on the matter before
adjudication by the Council or its appointed board.
(c) The Council or its appointed board shall immediately investigate
the complaint. Within sixty (60) days from the date of the receipt of
the complaint, the Council or its appointed board shall establish
written report with findings of fact.
(d) Copies of the Council or its appointed board's report shall be
sent to the complainant and the respondent. Either may within ten (10)
days after such services, request a hearing before the Council.
(e) When the complainant or the respondent request a hearing by the
Council or its appointed board, or when the Council or its appointed
board itself determine that a hearing is desirable, the Council or its
appointed board shall call and conduct such hearing in accordance with
Section 9, below.
(f) The Council or its appointed board shall carry into execution
the actions specified in its report, or, if a hearing is held, shall
carry into execution the actions determined upon by the Council or its
appointed board in the hearing.
(g) The Council or its appointed board in its review or its hearing
may determine:
(1)That the complaint lacks ground upon which to base action
for violation of this Ordinance, or
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(2)that the complaint has been adequately dealt with by
conciliation of the parties, or
(3)that the case warrant filing charges against the offending
party in the appropriate court. In some cases both
conciliation and adjudicative orders, or both adjudicative
orders and initiation of court action may be indicated.
(h) If the Council or its appointed board issues an adjudicative
order to correct, adjust, conciliate, prevent, or prohibit any unlawful
act prohibited by this Ordinance, and the respondent refuses or fails to
comply with or obey such adjudication, the Council or its appointed
board shall forthwith request that the State Attorney file a complaint
in the appropriate court. The Council or its appointed board shall, at
all times, provide the complainant with full and timely information as
to all the alternatives available to him or her under local, State and
Federal law, including assistance to initiate judicial action if
desired, under the circumstances.
(i) The provisions of Rule 1.090, Florida Rules of Civil Procedure,
shall govern the computation of any period of time prescribed by this
Ordinance.
(j) All papers or pleadings required by this Ordinance to be served
may be served by certified mail or in accordance with the provisions of
Rule 1.080 (b), Florida Rules of Civil Procedure.
SECTION IX. HEARINGS BEFORE THE
COUNCIL
(a) When a hearing is required before the Council or its appointed
board, as specified in Section 8 (e) above, the Council or its appointed
board shall schedule the hearing and serve upon all interested parties
a notice of time and place of the hearing. The hearing shall be held
promptly, but not less than fifteen (15) days after service of such
notice and of the Council or its appointed board's written report
(Section 8 [d] above).
(b) The parties, or their authorized counsel, may file such
statements with the Council or its appointed board, prior to the hearing
date, as they deem necessary in support of their positions. The parties
may appear before the Council or its appointed board in person or by
duly constituted representative and may have the assistance of
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attorneys. The parties may present testimony and
evidence, and the right to cross- examine witnesses shall be preserved.
All testimony shall be given under oath or by affirmation. The Council
or its appointed board shall not be bound by strict rules of evidence
prevailing in courts of law or equity but due process shall be observed.
The Council or its appointed board shall keep a full record of the
hearing, which records shall be public and open to inspection by any
person, and upon request by any principal party to the proceedings the
Council or its appointed board shall furnish such party a copy of the
hearing record at cost. The constitutional rights of the respondent not
to incriminate himself shall be scrupulously observed.
(c) The Council or its appointed board shall make a finding of fact,
and determination of action to be taken (Section 8 [g] above).
(d) The Council or its appointed board may issue subpoenas to compel
access to or the production or appearance or premises, records,
documents, individuals, and other evidence or possible sources of
evidence relative to the complaint at issue.
(e) Upon Written application to the Council or its appointed board,
a respondent shall be entitled to the issuance of a reasonable number of
subpoenas by and in the name of the Council or, to the same extent and
subject to the same limitations as subpoenas issued by the Council or
its appointed board itself. Subpoenas issued at the request of a
respondent shall show on their face the name and address of such
respondent and shall state that they were issued at his request.
(f) Witnesses summoned by subpoena of the Council or its appointed
board shall be entitled to the same witness and mileage fees as are
witnesses in proceedings in the State courts of Florida. Fees payable
to a witness summoned by a subpoena issued at the request of a
respondent shall be paid by him, unless he is indigent in which case the
Council shall bear the cost of said fees.
(g) Within ten (10) days after service of a subpoena upon any
person, such person may petition the Council or its appointed board to
revoke or modify the subpoena. The Council or its appointed board shall
grant the petition if it finds that the subpoena requires appearance or
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attendance, at an unreasonable time or place, that it
requires production of evidence which does not relate to any matter
under investigation, that it does not describe with sufficient
particularity the evidence to be produced, that compliance would be
unduly onerous, or for other good reason.
(h) In case of refusal to obey a subpoena, the Council or its
appointed board or the person at whose request it was issued may
petition for its enforcement in the appropriate court.
SECTION X. OTHER REMEDIES
Nothing herein shall prevent any person from exercising any right
or seeking any remedy to which he might otherwise be entitled, or from
filing of any complaint with any other agency or any court having proper
jurisdiction.
SECTION XI. REPORT TO REAL
ESTATE COMMISSION
If a real estate broker, a real estate salesman, or an employee
thereof has been found to have committed an unlawful practice in
violation of this Ordinance, or has failed to comply with an order
issued by the Council or its appointed board, the Council or its
appointed board shall, in addition to the other procedures set forth
herein, report the facts to the Real Estate Commission of the State of
Florida.
SECTION XII. CONFLICTING ORDINANCES REPEALED
All other ordinances and parts of ordinances in conflict herewith
to the extent of such conflict are hereby repealed.
ordinances 504 and 567.
SECTION XIII. LIMITED INVALIDATION
If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, the remainder of the Ordinance
and the application of the provisions to other persons not similarly
situated or to other circumstances shall not be affected thereby.
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Specifically repeal
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This ordinance shall become effective immediately upon its adoption.
Introduced for first reading and set for public hearing this 2nd day
of October 1990.
ATTEST:
BONN E HOMAS, CITY CLERK
PASSED AND ADOPTED on second reading and public hearing this 16th day
of October 1990.
ATTEST:
BONNIE HOMAS, CITY CLERK
SECTION XIV. EFFECTIVE DATE
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MAYOR OAKLAND R. C' PMAN
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