HomeMy WebLinkAbout90-16 APRIL 5 , 1990 Apri 1 19, 1990 #584 #90-16 ORDINANCE
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PURPOSE: AMEND FAIR HOUSING ORDINANCE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING
SECTIONS 16-3 THROUGH 16-9 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO
FAIR HOUSING.
The Common Council of the City of Oshkosh do ordain as follows :
SECTION 1 . That Sections 16-3 through 16-9 of the Oshkosh
Municipal Code pertaining to Fair Housing is repealed and recreated to
read as follows :
ARTICLE I . HOUSING IN GENERAL
DIVISION 2 . FAIR HOUSING
SECTION 16-3 DEFINITIONS
(A) "Commission" shall mean the Oshkosh Commission on Equal
Opportunities in Housing and "Commissioner" shall mean a member
thereof .
(B) "Complainant" shall mean any person who files a complaint with the
Commission pursuant to this Division.
(C) "Dwelling" shall mean any building, structure , or portion thereof
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 coristruction or location thereon
of any such building, structure , or portion thereof .
(D) "Familial status" shall mean one or more individuals who have not
reached the age of 18 living with a parent or another person
having legal custody of such individual or individuals , or the
designee of such parent or other person having such custody with
the written permission of such parent or other person. This shall
also apply to any person who is pregnant or is in the process of
securing legal custody of any individual who is not 18 years of
age .
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APRIL 5 , 1990 #584 ORDINANCE (cont 'd)
April 19, 1990 #90-16
(E) "Handicap" means , with respect to a person, a physical or mental
impairment which substantially limits one or more of such person' s
major life activities , a record af such impairment , or being
regarded as having such impairment .
(F) "Housing" shall include any room, apartment , house , building or
trailer or structure any part of which is used or offered for use
for human habitation on a temporary or permanent basis , or land ,
whether or not vacant .
(G) "Owner" shall include a person who has any part of the fee
interest , including a person wlio �:as a life estate .
(H) "Owner occupied dwelling" shall mean housing in which the owner
thereof maintains his permanent living quarters .
(I ) "Persons" shall include any individual , partnership , labor or
other association, corporation, legal representative , receiver ,
trustee , trustee in bankruptcy or other fiduciary, or the lessee ,
proprietor, manager, employee or any other agenL of such person.
(J) "Respondent" shall mean any person named in any complaint filed,
against whom an allegation of prohibited discriminatory practice
under this Division.
SECTION 16-4 ACTS PROH�BITED BY THIS DIVISION
(A) It Shall Be a Prohibited Discriminatory Practice For Any Person To:
( 1 ) Discriminate in real property transactions .
Refuse to sell , lease , sublease , rent or in any other manner
deny, withhold, or impair the transfer of title , leasehold or
any other interest in any part of any housing, when such
refusal is based upon race , color, sex, religion, ancestry,
national origin, familial status , or handicap of the person
refused;
(2) Discriminate in lending money for purchase or improvement of
Property.
Refuse to lend money, guaranty any loan, accept any mortgage
or in any other manner make available any funds or resources
for the construction, acquisitiori, purchase , rehabilitation,
repair or maintenance of any housing when such refusal is
based upon race , color , sex, religion, ancestry, national
origin, familial status , or handicap of the person refused;
or '
(3) Discriminatorily refuse to furnish services .
Refuse to furnish for any housing such facilities or services
ordinarily provided pursuant to legal duty, when such refusal
is based upon race , color, sex, religion, ancestry, national
origin, familial status , or handicap of the person refused.
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APRIL 5 , 1990 #584 ORDINANCE (cont ' d)
April 19, 1990 #90-16
(4) To coerce , intimidate , threaten, or interfere with any person
in the exercise or enjoyment of , or on account of having
exercised or enjoyed, or on account of having aided or
encouraged any other person in the exercise or enjoyment of
any right protected by this Division.
( 5) For an owner of residential rental property to refuse to
permit a handicapped tenant to make reasonable modification,
at the tenant ' s own expense , of the premises if the proposed
modifications are necessary for the full use of the premises
by the tenant .
(B) Public Communication Indicatin� Intent to Violate Para�raph (A)
Above Prohibited
It shall be prohibited discriminatory practice for ariy person to
print , publish, circulate , issue, display, post , mail or
communicate in any other way any announcement , statement ,
advertisement , publication or sign, the import of which indicates
a decision or purpose to do any act prohibited under Section (A) .
(C) Ri�hts of Owner
( 1 ) Nothing in this Division shall be deemed to prohibit an owner
. or the agent from requiring that any person who seeks to buy,
rent or lease any housing supply information concerning
family, marital , financial and business status .
(2) Nothing in this Division shall be deemed to prohibit an owner
or the agent from refusing to sell , rent or lease any housing
to any person on the basis of treatment of any property
formerly occupied by the person or on the basis of the
person' s record in paying rent or other obligations when due .
(3) When it is reasonable to do so , permission granted by an
owner to permit a handicapped tenant , at the tenant ' s
expense , to make reasonable modifications to a premises may
be conditioned upon the renter or lessee agreeing to restore
the premises to the condition that existed prior to the
modification, reasonable wear and tear excepted.
SECTION 16-5 EXEMPTIONS
(A) No prohibition in tYiis Division shall apply to an offer or
advertisement to lease or rent , or to the lease or rental of ,
rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living
independently of each other where the owner occupies one of the
living quarters .
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APRIL 5 , 1990 #584 ORDINANCE (cont ' d)
April 19, 1990 #90-16
(B) The prohibition in this division against discrimination based on
familial status does not apply to housing for older persons .
( 1 ) As used in this subdivision, "housing for older persons"
means housing:
(a) Provided .under any State or Federal program that is
specifically designed and operated to assist elderly
persons (as defined in the state or federal program) ; or
(b) Intended for , and solely occupied by, persons 62 years
of age or older; or
(c) Intended and operated for occupancy by at least one
persori 55 years of age or older per unit . Housing for
older persons under this paragraph shall contain at
least the following factors :
(i) Significant facilities and services specifically
designed to meet the physical or social needs of
older persons , or if the provision of such
facilities and services is not practicable , the
provider may demonstrate that such housing is
necessary to provide important housing
opportunities for older persons ; and
(ii) At least 80 percent of the units are occupied by
at least one person 55 years of age or older per
unit ; and
(iii) The publication of , and adhererice to , policies
and procedures which demonstrate an intent by the
owner or manager to provide housing for persons
55 years of age or older .
(2) Housing shall not fail to meet the requirements for housing
for older persons by reasons of : �
(a) Persons residing in such housing as of the date of
enactment of this Ordinance who do not meet the age
requirements of subparagraph (b) or (c) above , provided
that new occupants of such housing meet ttie age
requirements of subparagraph (c) above ;
(b) Unoccupied units , provided that such units are reserved
for occupancy by persons who meet the age requirements
of subparagraph (c) above .
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APRIL 5 , 1990 #584 ORDINANCE (cont ' d)
April 19, 1990 #90-16
SECTION 16-6 COMMISSION; FORMATION; COMPOSITION
There is hereby created the Commission on Equal Opportunity in
, Housing, whose five ( 5) members shall be appointed by the Mayor
to serve three-year (3) terms , in addition to the Director of
Community Development or designee , who shall be secretary thereof ,
without vote . Terms of the Commission members shall be as follows :
One shall be initially appointed for one ( 1 ) year ; two shall be
initially appointed for two (2) years , and two shall be initially
appointed for three (3) years . Thereafter , all Commissioners shall be
appointed to serve three-year (3) terms . Any appointments to fill
vacancies on the Board shall be for the duration of the unexpired term
only. Commission members shall be reimbursed for all actual and
necessary expenses but shall receive no other compensation.
SECTION 16-7 POWERS AND DUTIES OF COMMISSION
The Commission on Equal Opportunity in Housing shall have the
following powers and duties :
(A) Adopt Rules
To adopt , amend, publish and rescind rules for governing its
meetings and hearings ; and for implementation of this
Division.
(B) Receive and Investigate Complaints
To receive and authorize staff investigation of all
complaints alleging any discriminatory practice prohibited by
this Division.
(C) Promote Settlement A�reements
The Commission shall seek a settlement agreeable to both the
complainant and the respondent by means of informal
conferences .
(D) Hearin�s
To hold hearings , if necessary, after efforts at settlement ,
based on complaints made against any person, to administer
oaths and take testimony, to compel the production of books ,
papers and other documents relating to any matter involved in
the complaint , and to subpoeria witnesses and compel their
attendance .
(E) Recommend Enforcement Mezsures
To make recommendations for enforcement of this Division to
the City Attorney.
(F) Recommend Le�islation to Council
To recommend to the City Council any legislation necessary to
promote further the purposes of this Division and to file
annual written reports of its work with the City Council .
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APRIL 5 , 1990 #584 ORDINANCE (cont 'd)
April 19, 1990 #90-16
SECTION 16-8 ENFORCEMENT PROCEDURES
(A) Complaint �
Any complaint alleging any discriminatory practices prohibited by
this Division shall be reduced to writing and verified by the
complainant . Such complaints may be initiated by any person
having personal knowledge of the facts constituting the alleged
discriminatory practice . Al1 complaints shall contain the
following:
( 1 ) The name and address of the complainant , and of the person
allegedly discriminated agairast , if different .
(2) The name and address of the respondent or respondents .
(3) A statement setting forth the facts constituting the alleged
discriminatory practice , and �
(4) The date or dates of the alleged discriminatory practice .
(B) Where Filed
Complaints shall be filed with the City Clerk who shall transmit
the same to the Commission Chairperson and Secretary.
(C) When Filed
Complaints alleging any discriminatory practice prohibited by this
Division shall be filed no later than 1 year from the termination
or occurrance of an alleged discriminatory practice .
(D) Notice to Respondent
The Commission shall provide a copy of the complaint to the
respondent within ten ( 10) days of said filing. The respondent
shall have ten ( 10) days after receipt of the complaint to file a
response with the Commission.
(E) Amendment and Withdrawal
A complaint may be amended or withdrawn by the complainant at any
time with and subject to the approval of the Commission or its
designated agent and under such terms as the agerit shall direct .
(F) Investi�ation, Conciliation and Hearin�s
( 1 ) The Chairperson shall direct the Secretary, or the
Secretary' s designee , to promptly investigate all duly filed
complaints . Within thirty ( 30) days of such filing, the
Secretary or the Secretary' s designee shall file a report of
said investigation with ttie Commission.
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APRIL 5 , 1990 #584 ORDINANCE (cont ' d)
April 19, 1990 #90-16
(Z) Conciliation may be undertaken by the Secretary or the
Secretary' s designee who shall file a report of said
conciliation with the Commission. The action authorized by
subsection ( 3) below may be delayed, ori order of the
Chairperson, pending a report of such conciliation which
shall be filed within sixty (60) days of appointment of the
conciliator :
(3) Upon filing the report of the investigation and/or '
conciliation, and within seventy ( 70) days of filing of the
complaint , the Commission shall by majority vote of the
members present and voting, make a preliminary determination
whether there is probable cause to believe that
discrimination did occur . If there is no finding of probable
cause , the case will be closed and the claimarit arid
respondent promptly notified.
(4) If the Commission determines probable cause exists to believe
discrimination occurred, then the Commission shall conduct a
hearing to determine facts upon which to base a
recommendation for prosecution to the City Attorney. Said
hearing shall be conducted within eighty-five ( 85 ) days of
filing the complaint . The complainant and responderit shall
be notified at least ten ( 10) days in advance of the time and
place of said hearing. The complainant and respondent may
but need not be represented at said hearing by an attorney.
The Commission may subpoena witnesses and compel testimony.
(5 ) At the coriclusion of the hearing, the Commission shall by
majority vote of those members present and voting , make a
final determination whether there is probable cause to
believe that discrimination did occur . If there is no
finding of probable cause , the case will be closed and the
claimant and respondent promptly notified. If there is a
finding of probable cause , the Commission shall promptly
notify the claimant and respondent of the finding and no
later than one hundred ( 100) days of filing the complaint ,
recommend .to the City Attorney that prosecution be commenced.
(6) No Commissioner who has filed a complaint on the
Commissioner ' s own initiative or who has a material or
personal interest in a complaint , shall participate in any
subsequent hearing or proceeding except as a witness , nor
shall said Commissioner participate in the deliberation of
the Commission in such case .
(7) If any person fails to attend such hearing or to testify when
subpoenaed, the Commission may refer such refusal to the City
Attorney who shall seek judicial enforcement of such
subpoena .
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APRIL 5 , 1990 #584 ORllINANCE (cont 'd)
April 19, 1990 #90-16
SECTIOI� 16-9 LIBERAL CONSTRUCTION; SEVERABILITY
(A) The provisions of this Division shall be liberally construed in
order to promote the purposes and provisions contained herein.
( 1 ) It is the intention of the City Council that this be
interpreted consistently with Title VIII of the Civil Rights
Act of 1968 (42 USC Sec . 3601-3619 ) as amended, and with
regulations applicable thereto (24 CFR Parts 14 , 100, 103 ,
110 , 115 and 121 ) except where the language of this
subsection clearly requires a different interpretation.
(B) The pro��isions �f this Div�sior. are severable and if a*�y
provision, sentence , clause , section or part thereof is held
illegal , invalid, unconstitutional or inapplicable to any person
or circumstance , such illegality invalidity, unconstitutionally or
inapplicability shall not affect or impair any of the remaining
provisions , sentences , clauses , Sections or parts of �he Division
or their application to other person or circumstances . It is
hereby declared to be the legislative intent that this Division
would have been adopted if such illegal , invalid, unconstitutional
or inapplicable provision, sentence , clause , Section or part
thereof Yiad not been iricluded therein, and if the person or
circumstances to which the Division or any part thereof is
inapplicable had been specifically exempted therefrom.
SECTION 2 . That this Ordinance shall be in full force and effect
from and after its passage and publication.
SUE31�fITTED BY
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