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Ordinance 1375ORDINANCE NO. / `1 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON DEFIN- ING AND PROHIBITING UNFAIR HOUSING PRACTICES IN THE SALE AND OFFERING FOR SALE AND IN THE RENTAL AND OF- FERING FOR RENT AND IN THE FINANCING OF HOUSING ACCOM- MODATIONS, PROVIDING FOR A FAIR HOUSING PRACTICES COM- MISSION, DEFINING OFFENSES AND PRESCRIBING PENALTIES, AND ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE, CHAPTER 5.60. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS. Section 5.60.010 Definitions. Terms as used in this ordinance, unless additional meaning clearly appears from the context, shall have the following meanings: (1) "Housing Accommodations" shall include any dwel- ling, or dwelling unit, rooming unit, rooming house, lot or parcel of land in the City of Edmonds which is used, intended to be used, or arranged or designed to be used as, or improved with, a residential structure for one or more human beings. (2) "Prospective Borrower" includes any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of a housing accommodation. (3) "Commission" means the Fair Housing Practices Com- mission provided by this Ordinance. (4) "Dwelling" includes any building containing one or more dwelling units. (5) "Dwelling Unit" includes a suite of rooms designed, intended or used for occupancy by one family, person or per- sons, containing space for living, sleeping, and preparation of food, and containing toilet and bathing facilities. (6) "Lender" includes any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person engaged wholly or -1- partly in the business of lending money for the financing or acquisition, construction, repair, or maintenance of a hous- ing accommodation- (7) "Occupant" includes any person who has established residence or has the right to occupancy of a housing accom- modation. (8) "Prospective Occupant" includes any person who seeks to purchase, lease, sublease or rent a housing accom- modation. (9) "Owners" include persons who own, lease, sublease, rent, operate, manage, have charge of, control, or have the right of ownership, possession, management, charge, or con- trol of the housing accommodation, on their own behalf or on behalf of another. (10) "Person" includes one or more individuals, partner- ships, associations or other organizations, trade or profes- sional associations, corporations, legal representatives, trustees, trustees in bankruptcy, and receivers; it includes owners, occupants, real estate brokers, agents, salesmen, employees, and lenders as defined herein. (11) "Person Aggrieved" means any person against whom any alleged unfair housing practice has been committed. (12) "Real Estate Agent, Salesman, or Employee" includes any person employed by or associated with a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker. (13) "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, purchasing, exchanging, listing, leasing, subleasing, or renting a housing accommodation of another, or collects the rental for the use of a housing accommodation of another. (14) "Respondent" means any person who is alleged to have committed an unfair housing practice. (15) "Rooming Unit" includes one or more rooms within a dwelling unit or rooming house containing space for living and sleeping and may include separate toilet and bathing facilities. (16) "Unfair Housing Practice" means any act prohibited by this ordinance. Section 5.60.020 Unfair Housin Practices as herein- after defined in the sale and offering for sale and in the rental and offering for rent of housing accommodations are contrary to the public peace,health, safety and general wel- fare and are hereby prohibited by the City of Edmonds in the exercise of its police power. Section 5.60.030 Unfair Housing Practices Forbidden. (1) No owner, lessor, lessee, sublessee, subtenant assignee, occupant real estate broker, real estate 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 with- hold 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 in- spection, when in fact they are so available, or expel or -3- evict an occupant from a housing accommodation because of the race, color, religion, ancestry or national origin, of such person or persons, or discriminate against or seg- regate any person because of his race, color, religion, ancestry or national origin, in the terms, conditions, or privileges of the sale, rental, lease, sublease, assign- ment, transfer, or other disposition of any such housing accommodations or in the furnishing of facilities or ser- vices 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 dis- criminate 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 appli- cation is made for financial assistance for the purchase, -4- 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 nation- al origin of such person or group of persons or of the pros- pective occupants or tenants of such real property in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of, any such financial assistance or in the extension of services in connection therewith; or (b) Use any form of application for such finan- cial assistance, or make any record of inquiry in connection with applications for such financial assistance which ex- presses, directly or indirectly, any limitation, specification, or discrimination, on the ground of race, color, religion, ancestry or national origin. (4) An owner, person, occupant, real estate broker, agent, salesman, employee, or lender shall not: (a) 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. (b) Publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer, or listing of a housing accommodation or accom- modations which indicate any preference, limitation, spec- -5- ification, 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 discriminate against a person in any manner because he has complied or proposes to comply with the provisions of this ordinance or has filed a complaint, testified, or assisted in any proceeding under this ordinance, or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this ordinance to be an unfair housing practice or apply any economic sanctions or deny any membership privileges because of compliance with the provisions of this ordinance. Section 5.60.040 Exclusions. Nothing in this ordinance shall: (1) Apply to the renting, leasing, or subleasing of: (a) A single family dwelling wherein the owner or person entitled to possession thereof normally maintains, or intends to maintain his residence, home or abode; (b) A dwelling unit in a dwelling containing two dwelling units, or (c) A rooming unit within a dwelling, wherein the owner thereof normally maintains, or intends to main- tain, his residence, home or abode, or (2) Be interpreted to prohibit any person from making a choice from among prospective occupants of any housing accommodation on the basis of factors other than race, color, religion, ancestry or national origin. Section 5.60.050 Fair Housing Practices Commission. (1) There is hereby created a Commission to be known as the Fair Housing Practices Commission of the City of Edmonds. Complaints alleging a violation of this ordinance may be filed with the commission. (2) The Fair Housing Practices Commission shall con- sist of three (3) members, to be appointed by the Mayor, with the confirmation of the City Council. The term of office for members of the commission shall be three (3) years, expiring on June 30th or upon the appointment and qualification of a successor, provided, that the term of office for the first members appointed shall be from one (1) to three (3) years, so that the term of one member will expire on June 30, 1969, one on June 30, 1970, and one on June 30, 1971. The positions shall be designated as "Pos- ition 1, 2 and 3" respectively. A member chosen to fill a vacancy shall be appointed only for the unexpired portion of the term of the member whom he succeeds. Upon a vacancy, the remaining two members shall exercise all powers and duties of the commission until the third member is appointed. The Mayor and City Council may remove any member at their pleasure. Two members of the commission shall constitute a quorum, and it shall require the vote of at least two members to constitute an action of the commission. The City of Edmonds shall provide clerical and secretarial services. (3) The Fair Housing Practices Commission shall have the following powers and duties: (a) To receive, investigate and to hold approp- riate hearings on complaints alleging unfair housing practices as defined by this ordinance. (b) A complaint shall be in writing, signed by the person against whom an alleged violation has been com- -7- mitted, and filed with the commission within thirty (30) days after the alleged discriminatory act. The commission shall promptly furnish a copy of the complaint to the per- son complained against. (c) To determine, after such investigation, in- quiry and hearings as it considers proper, that probable cause does or does not exist to believe that an unfair housing practice has occurred and to dismiss those charges for which no probable cause is found. In cases where prob- able cause is found to exist, to endeavor to eliminate or remedy the violation by means of conciliation, persuasion and agreement of the parties involved and/or to recommend criminal prosecution of the person complained against to the proper city officials. The commission shall complete its investigation, hearings and conciliation procedures and make any such recommendation within forty-five (45) days from the date the complaint is filed. (d) At its pleasure, to adopt, amend and rescind suitable rules and regulations, not inconsistent with the provisions of this ordinance, pertaining to the time and place of its meetings and hearings, the form of unfair housing practices complaints to be submitted to it, and otherwise regulating its rules of procedure. Such rules and regulations shall be reduced to writing and a copy thereof shall be filed with the City Clerk for the examination of the public. (e) The commission, in the performance of its functions, may enlist the aid of all departments of the City and all such departments are hereby directed to fully coop- erate with the commission. -8- Section 5.60.060 Severability. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions thereof. Section 5.60.070 Penalties. A person convicted of a violation of this ordinance shall be punished by a fine of not more than five hundred dollars ($500.00), imprisoned up to /900 days, or both. f - APPROVED: 16 MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: 'Tumc - J FILED WITH, THE CITY CLERK; jUrl � PUBLISHED: