10154-12 Amend Code Various Sections Article 9, Chapter 2 New Provisions Addressing Gender Identiy and Sexual Orientation

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Ordinance No. familial status, of national origin, sexual orientation or gender identity or an intention to make such a preference, limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, of national origin, sexual orientation or gender identity that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status of national origin, sexual orientation or izender identity. SECTION VI. The title only of Section 2- 128.2, Chapter 2, Article 9 of the South Bend Municipal Code shall be, and hereby is amended to read as follows: Sec. 2- 128.2. H-andieapped Disability Discrimination in Housing. SECTION VII. Subsections (f) and (i) of Chapter 2, Article 9, Section 2 -131 of the South Bend Municipal Code shall be, and hereby are amended to read as follows: Sec. 2 -131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: ................... (f) Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin�er ancestry, sexual orientation or gender identity, or familial status in the case of housing. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business.