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HomeMy WebLinkAboutProhibiting Certain Practices of Discrimination in Housing Accommodations Because of Race, Creed, Color, National Origin or AncestryORDINANCE No. 4992 -68 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, March 29. 1968 Approved and signed by Clerk )f Common Council Clerk IDEAL. PRESS ORDINANCE NO, 4992 -68 AN ORDINANCE PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION I. DECLARATION OF POLICY: A. In furthering the policy of the State of Indiana as expressed in its Constitution and other Laws; to further the declared policy of the City of South Bend, Indiana, to assure full and equal opportunity to all residents, regardless of race, color, religion, national origin or ancestry, to live in decent, sanitary and healthful living quarters; in order that the peace, health, safety and general welfare of all the inhabitants of the City may be protected and insured; it is declared that owners, and /or agents for owners, be regulated to the end to prohibit discrimination in housing by any said owners and/or agents for owners. B. It is further declared to be the policy of the City of South Bend that in a spirit of harmony, the Common Council of the City of South Bend, Indiana, and the Human Relations and Fair Employment Practices Commission shall endeavor to work with, and co- operate with, all owners and /or agents for owners who are, or may be, doing business in the City of South Bend, Indiana, to the end that the declared purpose of this Ordinance, to -wit: That insuring opportunity for all persons to live in decent housing facilities, without discrimination because of race, color, religion, ancestry or .national origin of such persons, can be accomplished in an orderly, lawful, proper and responsible fashion. SECTION II, DEFINITIONS: As used in this Ordinance, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this section: A. COMMISSION. The "Commission" means the City of South Bend Human Relations and Fair Employment Practices Commission. B. DISCRIMINATE. The term discriminate or dis- crimination shall mean the exclusion from, or failure or refusal to extend to a person, equal opportunities because of race, creed, color, national origin or ancestry; the refusal to sell, show, rent, or make financing available in the acquisition of a housing accommodation because of the race, creed, color, .national origin or ancestry of the buyer, renter or applicant; or to increase the selling price or rent of housing accommodation, or to impose additional terms in the buying, renting or financing of the purchase or improvement of a housing accommodation because of the race, creed, color, national origin or ancestry of the buyer, renter or applicant. C. HOUSING ACCOMMODATION, The term "housing accommodation" includes any building, structure, or portion thereof located within the territorial limits of the City of South Bend, Indiana, which is used or occupied, or is maintained, arranged or designed to be used or occupied as a home, residence or sleeping place of one or more human beings. D. AGENT. The term "Agent" means any natural person, partnership, association or corporation, or agent thereof; who with or without a fee, or other valuable consideration, offers, sells, purchases, exchanges or rents, or negotiates, for the sale, purchase, 2 exchange, or rental of the real property of anotb= r, or holds his or herself out as engaged in business of selling, purchasing, exchanging or renting the real property of another, or collects rental for the use of the real property of another. E. OWNER, An 'Owner" means the person holding legal or equitable title to property, or his or her legal representative. F. UNLAWFUL HOUSING PRACTICE, The term "unlawful housing practice" is the commission of any act prohibited by Section III hereafter. G. PERSONS. The term "person" or "persons" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, lending institutions, and other organized groups or persons. H. COMPLAINANT. The term "complainant" means any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice in connection with a housing accommodation. SECTION III. UNLAWFUL ACTS: A. It shall be unlawful for any owner and /or agent for owner, or any other person or persons: 1. To publish or circulate, or cause to be published or circulated, any notice, statement or advertisement, or to adopt a policy or to use any form of application for the purchase, lease, rental or financing of a housing accommodation with expresses directly or in- directly any limitation or discrimination as to race, color, religion, or national origin or ancestry. 2. To discriminate in the sales price or rent of any housing accommodation. 3 3. To discriminate or participate in discrimination in connection with the lending, guaranteeing of loans, or the making available of funds for the purchase, acquisition, construction, rehabilitation, or improve- ment of any housing accommodation. 4. To solicit for sale, or lease any housing accommodation, or distribute, or cause to be distributed, written representations with the specific intent of inducing any owner of any housing accommodation to sell or lease his or her property becaus e of the alleged loss of value of property because of the anticipated presence of persons of any particular race, color, religion or .national origin or ancestry in any neighborhood. 5. To refuse to sell or rent, or to refuse in the showing or making available for inspection, any housing accommodations to a prospective buyer or renter because of race, color, religion, national origin or ancestry. 6. To assist or to participate with a person who is not a bona fide prospective buyer or renter in a transaction for the acquisition or financing of a housing accommodation where the purpose of such is to obtain information upon which a complaint could be filed before the Commission, or to seek a housing accommodation for one who is physically able to represent himself and a complaint is thereafter filed. B. It shall be unlawful for any person who is not a bona fide prospective buyer or renter or his agent, to offer to purchase or lease, or to participate in the purchase or leasing of any housing accom- modation because of race, color, religion or national origin or ancestry for purpose of inducing or provoking an owner or his agent to commit any of the other unlawful acts contained in this section. SECTION IV, EXCEPTIONS: The provisions of this Ordinance as outlined in Section III, 5. , shall not apply to rental property used as an housing accommodation, to include a dwelling house, apartment building or multiple facility of any sort, in which such rental property is occupied by an owner and when such property contains less than four rental housing units. SECTION V. LIMITATIONS AND PERMISSIBLE ACTS: Nothing in this ordinance shall be construed as prohibiting any real estate broker, real estate salesman, or owner and /or agent for owner, or any other person, from imposing any and all conditions and requirements relative to any of the transactions hereinabove described, provided such conditions do not concern race, color, religion, national origin or ancestry, and provided such conditions are imposed uniformly, regardless of race, color, religion, national origin or ancestry. Nothing in this ordinance shall be construed as prohibiting the owner, lessee or sub - lessee of real property, or any real estate broker or real estate salesman or agent or corporation engaged in real estate transactions, from exercising absolute discretion in establishing the terms and conditions of the sale, exchange, lease or rental of real property or in any transactions involving real property, provided such terms and conditions do not concern race, color, religion, national origin or ancestry. Nothing in this ordinance shall be construed as requiring an owner, lessee or sub - lessee of real property to offer said property to the public at large before selling or renting same. SECTION VI, DUTIES OF THE COMMISSION IN RELATION TO THIS ORDINANCE: The commission established by virtue of Ordinance No. 4820 -65 of the Municipal Code of the City of South Bend, Indiana, is the Commission 5 empowered to carry out the functions and duties so designated under the provisions of this ordinance and it shall be the duty of the Commission to: A. Receive, record and investigate complaints charging any unlawful housing practice. B. Seek conciliation of parties involved in such complaints by conciliation, conferences, holding hearing where necessary, make findings of fact, issue recommendations and orders, including orders rejecting any claims that may be, in the opinion of the Commission, without merit, and publish its findings in accordance with the provisions of this Ordinance. SECTION VII, ENFORCEMENT PROCEDURE: A. The South Bend Human Relations and Fair Employment Practices Commission shall adopt such rules and regulations as may be necessary to carry out the purpose and provisions of this Ordinance. B. Any person aggrieved by any violation of any pro- vision of the above Ordinance may file a written complaint under oath, setting forth his grievance with the South Bend Human Relations and Fair Employment Practices Commission. Said complaint shall state the name and address of the complainant and of the person against whom the com- plaint is brought and shall also state the alleged facts surrounding the alleged violation of this Ordinance. Complaints must be filed alleging violations of this Ordinance to the Commission within thirty (30) days after the date of the alleged violation. C. On receipt of any complaint involving a discriminatory practice, the Commission shall determine the facts, and if there appears to be probable cause for complaint the Commission shall use its office N to attempt an adjustment by education, conciliation and conference. No more than ninety (90) days shall be allowed for this purpose. D. If in the opinion of a majority of the Commission the efforts to settle any complaint by the above enumerated means have not adjusted the specific complaint, the Commission shall cause a public hearing to be held. A notice of such hearing, including the particulars of the complaint, shall be sent to the respondent by registered mail not less than ten (10) days prior to the day set for hearing. The hearing may be conducted before the Commission at a duly held meeting of not less than a quorum of such Commissioners, or such hearing may be con- ducted before a hearing officer appointed by the Commission, which hearing officer shall be a member of the Commission. Hearings conducted before the Commission, or a hearing officer, shall be conducted in an informal manner and without recourse to the technical common -law rules of evidence required in proceedings in judicial courts, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof and decision of all questions of fact, if substantial, reliable and probative evidence supports such Commission's determination. The Commission shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every person who is a party to such proceedings shall have the right to appear in person or by counsel, to submit evidence in open hearing and shall have the right of cross - examination. Such hearings shall be held in the City Hall of the City of South Bend, Indiana. E. I.n the event of such hearing before a hearing officer, as herein set forth, the recommendation of such hearing officer, to- gether with the complete file, shall be submitted to and filed with the 7 Commission. The Commission may hear additional evidence or refer it back to the hearing officer to hear such additional evidence. The Commission may adopt the recommendation of the hearing officer, amend or modify the same, or may make such order or determination as is proper on the record. F. The respondent shall have the right to file an answer to the complaint and appear at such hearing to testify in his own behalf, or to be represented by counsel or otherwise, and to examine and cross- examine witnesses. G. If upon all the evidence taken, no unlawful practice is found to have been committed, the case shall be dismissed and the parties involved so notified. H. If upon all the evidence taken, the Commission by a majority vote shall determine that the respondent committed the dis- criminatory practice set forth in the complaint, the Commission may issue an order directing the respondent to cease and desist such discriminatory practice so found to be engaged in. I. The Commission may certify the case and the entire records of its proceedings to the City Department of Law, which shall in- voke the aid of an appropriate court to impose the penalties provided. SECTION VIII. PENALTY: Any owner and /or agent for owner, or any other person who shall violate any of the provisions of this ordinance shall be subject to a fine not less than One Hundred Dollars or not more than Three Hundred Dollars. SECTION IX. SEVERABILITY: If any section, subdivision, paragraph, sentence or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect any remaining portion, section or part thereof. P SECTION X This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, its approval by the Mayor and legal the Passed by the Common Council of the City of South Bend on the �26Wday of 1968. Presi ing Officer of the Common Council ATTEST: � CIT �`�+K Y C RK Presented by me to the Mayor of the City of South Bend, on the day of 2)ze -Q- , 1968 at the hour of Ib ; -;3,f) o'clock A . M. This ordinance approved and signed by me on the 0day of 1968, at the hour of e,1, r Of .7 Ict & 2nd READH46 1-/2-69 OOWITTEE OF THE WHOLE PUBLIC HEARIN 3 - a s- 6 8 3rd READING 3 _ G - L 9 NOT A- PROVED _ 9 _ REFERRED (10matUbt 4rVort Me tkt fllnmmou Moumil of the Tug of £+nut)} WeenB Your Committee Of The Whole / -_ �? - / o to whom was referred "AN ORDINANCE PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED." Respectfully report that they have examined the matter and that in their opinion as amended, favorable. a the Ordinance go to the Council, Chairman