FAIR HOUSING BOARD

EDITORS’ NOTE: All references to “Law Director” in this chapter have been changed to “Administrative Legal Counsel” to reflect the Charter Amendment passed by the electors on May 8, 2001, and upon the adoption of Ordinance 2001-97, passed June 4, 2001.

725.01   Designation of policy.

725.02   Definitions.

725.03   Unlawful housing practices.

725.04   Posting of notices.

725.05   Fair Housing Board.

725.06   Procedures and enforcement.

725.07   Scope of chapter.

725.08   Other legal action.

725.09   Intimidation in connection with housing.

725.10   Exemptions.

725.99   Penalty.

 

CROSS REFERENCES

Fair housing – see Ohio R.C. Ch. 4112

Discrimination by contractor for City work prohibited – see ADM. 113.03

Community Planning and Renewal Department – see ADM. Ch. 159

Urban renewal – see ADM. Ch. 161

Housing and Redevelopment Commission – see ADM. Ch. 185

Interfering with civil rights – see GEN. OFF. 525.13

 

725.01 DESIGNATION OF POLICY.

It is hereby designated to be the continuing policy of the City to do all things necessary and proper to secure for all its citizens their right to equal housing opportunities regardless of their race, color, creed, sex, familial status, religious belief, national origin or handicap.

(Ord. 96-98. Passed 5-6-96.)

 

725.02 DEFINITIONS.

As used in this chapter:

(a)   “Board” means the Fair Housing Board established by this chapter.

(b)   “Discrimination”, “discriminating” or “discriminate” means to render any difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of the person’s race, color, creed, sex, familial status, religious belief, national origin or handicap.

(c)   “Familial status” means one or more individuals (who have not attained the age of eighteen 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 person having such custody, with the written permission of such parent or other person.

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 eighteen years.

(d)   “Family” includes a single individual.

(e)   “Handicap” means, with respect to a person:

(1)   A physical or mental impairment which substantially limits one or more of such person’s major life activities;

(2)   A record of having such an impairment; or

(3)   Being regarded as having such an impairment, but such term does not include the current, illegal use of or addiction to a controlled substance (as defined in 21 U.S.C. 802).

(f)   “Housing” includes any building, facility or structure or portion thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more persons, groups or families, and any vacant land offered for sale or lease for the construction or location of such building, facility or structure.

(g)   “Lending institution” means any bank, building and loan association, savings and loan association, insurance company or other person whose business consists, in whole or in part, in the lending of money or guaranteeing loans.

(h)   “Person” means one or more individuals, corporations, partnerships, associations, firms, enterprises, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

(i)   “Real estate agent” includes any real estate broker, real estate salesperson or an agent thereof or any other person, partnership, association or corporation who or which, for consideration, sells, purchases, exchanges or rents real property, or negotiates or offers or attempts to negotiate the sale, purchase, exchange or rental of real property, or holds himself or herself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.

(j)   “Protected classes” includes race or color, national origin, ancestry, religion, sex, familial status, disability, military status.

(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)

 

725.03 UNLAWFUL HOUSING PRACTICES.

It shall be an unlawful housing practice and a violation of this chapter:

(a)   For any real estate agent or other person:

(1)   To discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in housing.

(2)   To discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of the housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease or rental.

(3)   To include in the terms, conditions or privileges of any sale, lease, sublease, rental assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing.

(4)   To discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy of any person.

(b)   For any person, whose business includes engaging in residential real estate-related transactions, to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction based on a protected class.

As used in this section, the term “residential real estate-related transaction” means any of the following:

(1)   The making or purchasing of loans, or providing other financial assistance, for the purchase, construction, improvement, repair or maintenance of a dwelling, secured by residential real estate.

(2)   The selling, brokering or appraising of residential real property.

(c)   For any real estate agent, lending institution or other person, with respect to any prohibited act specified in this chapter, to publish or circulate, or cause to be published or circulated, any notice, statement, listing or advertisement, or to announce a policy or to make any record, in connection with the prospective sale, lease, sublease, rental or financing of any housing, which indicates reliance on, or a determination or decision based on, race, color, creed, sex, familial status, religious belief, national origin or handicap.

(d)   For any real estate agent or other person to assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent endorsement or compliance with provisions of this chapter, or to attempt, directly or indirectly, to commit any act declared by this chapter to be an unlawful housing practice.

(e)   For any real estate agent, lending institution or other person:

(1)   To induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person of any particular protected class.

(2)   To make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to a protected class of such block, neighborhood or area.

(3)   To induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular protected class in the block, neighborhood or area will or may result in:

1. The lowering of property values.
2. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located.
3. An increase in criminal or antisocial behavior in the area.
4. A decline in the quality of the schools serving the area.

(f)   For any real estate agent or other person to cause or coerce, or attempt to cause or coerce, retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter, or to prevent any person from complying with this chapter.

(g)   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 housing or to discriminate against a person in the terms or conditions of such access, membership or participation.

(h)   To do any other thing or engage in conduct which would otherwise make unavailable equal housing opportunities.

(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)

 

725.04 POSTING OF NOTICES.

(a)   Every real estate agent shall post, in a conspicuous location in that portion of his or her place of business normally used by him or her for negotiating the terms of a sale or lease of housing, and each person who operates a multi-unit residential building containing more than two units shall post, at all times when prospective tenants are being interviewed , in a conspicuous location in that portion of his or her housing business normally used by him or her for negotiating the rental of a housing unit therein, a notice prepared by the Board which contains the following language, printed in black on a light colored background, in not less that fourteen point type: “It is a violation of the Fair Housing Law of the City of Elyria, State of Ohio, for any real estate agent, or for any person owning or managing a multi-unit apartment dwelling, to:

(1)   Deny housing to any person based on a protected class.

(2)   Discriminate against any person based on a protected class, in the terms, conditions or privileges of housing accommodations or in the furnishings of facilities or services in connection therewith.”

IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, CONTACT THE CITY OF ELYRIA’S FAIR HOUSING BOARD, THE OHIO CIVIL RIGHTS COMMISSION OR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

(b)   Failure to comply with this section shall constitute a violation of this chapter.

(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)

 

725.05 FAIR HOUSING BOARD.

(a)   There is hereby established the Fair Housing Board, to consist of five members who shall be qualified electors of the City, who shall not hold any elected public office at the Municipal, County, State or Federal level at any time while a member of the Board and who shall not be employed by the City, but may be employed by the County, State or Federal Government. Any duly appointed Board member who is a candidate for any public office shall be automatically disqualified from further membership on the Board. The day the Board member files petitions with the Lorain County Board of Elections shall be the date of the disqualification. Nothing shall prohibit the Board from consulting and meeting with real estate agents or representatives of lending institutions in matters regarding educational or other programs to further the purpose of this chapter.

(b)   The Board members shall be appointed by the Mayor. Of the members first appointed, one shall hold office for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and their successors shall be appointed for terms of five years. The Mayor shall fill all vacancies by appointment for the remainder of the unexpired term. The Mayor shall be an ex-officio member of the Board. After being duly constituted, a Chairperson and Vice-Chairperson shall be chosen by a majority vote of the Board.

(c)   The Secretary of the Board shall be appointed by the Mayor and may be an employee of the City.

(d)   The Mayor may recommend to Council the removal of any member of the Board for neglect of duty or malfeasance in office. Council may remove a member of the Board from office by an affirmative vote of at least three-quarters of Council only after having first given to such member a written copy of the charges against him or her and an opportunity to be publicly heard in person or by counsel, in his or her own defense, and any such removal shall be final. The procedure at such public hearing and any further provisions regarding removal shall be governed by the provisions of the City Charter relating to the removal of members of boards and commissions.

(e)   Three members of the Board shall constitute a quorum for the purpose of conducting the business thereof. A vacancy on the Board shall not impair the right of the other members to exercise all the power of the Board.

(f)   Each member of the Board shall serve without salary, but shall be paid necessary and actual expenses expended in performing the business of the Board.

(g)   The Board is charged with the following duties to implement the stated policy of this chapter:

(1)   To render at least once a year to the Mayor and to Council a full written report of all its activities and recommendations.

(2)   To recommend to the Mayor, when it deems necessary, educational and other programs designed to promote the purpose stated in this chapter.

(3)   To adopt rules and procedures for the conduct of its business.

(4)   To do such other acts that are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter.

(5)   To render at least once a year to the Mayor and to Council a full written report of all its activities and recommendations.

(6)   To recommend to the Mayor, when it deems necessary, educational and other programs designed to promote the purpose stated in this chapter.

(7)   To adopt rules and procedures for the conduct of its business.

(8)   To do such other acts that are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter.

(h)   The Director of the Equal Opportunity Department shall be responsible for the administration of this chapter. This responsibility may be delegated to the Equal Opportunity Department staff.

(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)

 

 725.06 PROCEDURES AND ENFORCEMENT.

(a)   A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice, and other such information as may be required by the Board.

(b)   The complaint may be reasonably and fairly amended. The Board is hereby authorized to seek the cooperation and aid of the Ohio Real Estate Commission, the Ohio Civil Rights Commission or the U.S. Department of Housing and Urban Development and any other person or group regarding any matter before the Board.

(Ord. 2018-182. Passed 11-19-18.)

 

725.07 SCOPE OF CHAPTER.

The provisions of this chapter shall apply to all housing located within territorial limits of the City.

(Ord. 96-98. Passed 5-6-96.)

 

725.08 OTHER LEGAL ACTION.

Nothing contained in this chapter shall prevent any person from exercising any right or seeking any remedy to which he or she might otherwise be entitled or from filing any complaint with any other agency or court of law or equity.

(Ord. 96-98. Passed 5-6-96.)

 

725.09 INTIMIDATION IN CONNECTION WITH HOUSING.

No person, whether or not acting under color of law, shall, by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with any of the following:

(a)   Any person based on a protected class and because that person is or has been selling, purchasing, renting, financing, occupying, contracting or negotiating for the sale, purchase, rental, financing, occupation of any housing accommodations, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;

(b)   Any person because that person is or has been doing, or in order to intimidate that person or any other person or any class of persons from doing, either of the following:

(1)   Participating, without discrimination on account of a protected class in any of the activities, services, organizations or facilities described in paragraph (a)(1) hereof;

(2)   Affording another person or class of persons opportunity or protection so to participate.

(c)   Any person because that person is or has been, or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of a protected class, in any of the activities, services, organizations or facilities described in paragraph (a)(1) hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

(Ord. 2018-182. Passed 11-19-18.)

 

725.10 EXEMPTIONS.

(a)   Nothing in Section 725.03 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. Further, in the case of the sale of any 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 month period. Further, such bona fide private individual owner must not own any interest in, nor shall there be owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. Further, after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:

1. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, 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, salesperson or other person; and
2. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 725.03.

Nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.

(2)   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, if the owner actually maintains and occupies one of such living quarters as his or her residence.

(b)   For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

(1)   He or she has, within the preceding twelve months, participated as a principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(2)   He or she has, within the preceding twelve months, participated as an agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3)   He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(c)   Nothing in this chapter 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 or national origin. Further, nothing in this chapter shall prohibit a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings 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 chapter limits the applicability of any reasonable local, State or Federal restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this chapter regarding familial status apply with respect to housing for older persons.

(1)   As used in this section, “housing for older persons” means housing:

1. Provided under any State or Federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program);
2. Intended for, and solely occupied by, persons sixty-two years of age or older; or
3. Intended and operated for occupancy by at least one person fifty-five years of age or older per unit, and at least the following factors apply:
4. The existence of 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, that such housing is necessary to provide important housing opportunities for older persons;
5. At least eighty percent of the units are occupied by at least one person fifty-five years of age or older per unit; and
6. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.

(2)   Housing shall not fail to meet the requirements for housing for older persons by reason of:

1. Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of paragraph (d)(1)B. or C. hereof, provided that new occupants of such housing meet the age requirements of paragraph (d)(1)B. or C. hereof; or
2. Unoccupied units are reserved for occupancy by persons who meet the age requirements of paragraph (d)(1)B. or C. hereof.

(e)   Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined in 21 U.S.C. 802.

(Ord. 96-98. Passed 5-6-96.)

 

725.99 PENALTY.

(a)   Except as otherwise provided in this section, in any proceeding where the court determines that there has been a violation of this chapter, the court shall award compensatory damages and, where appropriate, punitive damages of not more than one thousand dollars ($1,000), along with attorney’s fees and court costs. The court may also order such other relief as it deems necessary or appropriate, which may include, but is not limited to, issuance of any permanent or temporary injunction, temporary restraining order or other order.

(Ord. 96-98. Passed 5-6-96.)

(b)   Whoever violates Section 725.09 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.