5313-92
ORDINANCE NO. 5313-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
DISCRIMINATION IN HOUSING; AMENDING SECTIONS 1.02, 99.02, 99.20,
99.21, 99 22, AND 99.23, CODE OF ORDINANCES, AS CREATED OR AMENDED
BY ORDINANCE 5200-92, RELATING TO DEFINITIONS, EXEMPTIONS,
CONCILIATION AGREEMENTS, PROCEDURES, PENALTIES, JUDICIAL REVIEW, AND
PRIVATE CIVIL ACTIONS RELATING TO HOUSING DISCRIMINATION PRACTICES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1.02, Code of Ordinance, is amended to read:
Sec. 1.02. Definitions and rules of construction generally.
In the construction of this Code, and of all ordinances, the following
definitions shall apply, unless such definitions would be inconsistent with the
manifest intent of the city commission as determined from the context in which
the defined words or phrases are used:
"Person." The word "Person" shall include, but is not limited to, any one
or more natural persons (regardless of age, mental competency. physical capacity,.
or leoitimacv of birth). coroorations (for profit or otherwise), mutual
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ventures labor organizations, unincorporated organizations, syndicates-estates,
trusts, trustees,- trustees in bankruptcy- receivers,--fiduciaries, legal
representatives, -prsonal reuresentatives, heirs, devisees, spouses, creditors,
debtors beneficiaries attorne s-in-fact property owners landlords tenants
contract purchasers, contract sellers, public agencies whether federal, __state,_
or local ublic officers public employees, resident aliens foreign
governments. and anv other arouR or combination of natural or artificial persons
or entities
eGmb4n;s. In construing this definition the ancient maxim "inclusio unius
est exclusio aiterius" (or. "the inclusion of one is the exclusion of another"),
e
case by examining the ianouaae used in each provision of this code and in each
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Section 2. Sections 99.02, 99.20, 99.21, 99,22, and 99,23, Code of
Ordinances, as created or amended by Ordinance 5200-92, are antended to read:
Sec. 99.02. Definitions.
As used in this chapter:
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"Aggrieved person" includes any person who claims to have been injured by
a discriminatory housing practice, or believes that he or she will be i-4ikely
te-be injured by a discriminatory housing practice that is about to occur. An
aoarieved person who files a complaint pursuant to this chaoter_ mavalso be
t:
"Handicap" means a mental or physical impairment which substantially limits
at least one major life activity, a record of having such an impairment, or being
regarded as having such an impairment. The term does not include current illegal
use of or addiction to any controlled substance as defined by the Controlled
Substances Act, 21 U.S.C. Section 802 -federal law. The term does not apply to
an individual solely because of that individual's sexual orientation or because
that individual is a transvestite.
"Person" shall mean as defined in section 1.02 of this code.
Sec. 99.20. Discrimination in Housing--Prohibited Acts.
(1) Sale or Rental.
(a) A person shall not refuse to sell or to rent after the making of a
bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny a dwelling to any person because of race, color, religion,
national origin, sex, familial status, or handicap. (Reference: Fair Housing
Act, Section 3604 (a)._) T
(b) A person shall not discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in providing
services or facilities in connection with the sale or rental, because of race,
color, religion, national origin, sex, familial status, or handicap. (Reference:
Fair Housing Act Section 3604(b).)
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(c) This section does not prohibit discrimination against a person
because the person has been convicted under federal law or the law of any state
of the illegal manufacture or distribution of a controlled substance.
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(2) Publication.
A person shall not make, print, or publish or cause to be made, printed,
or published any notice, statement, or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, national origin, sex, familial status, or
handicap, or an intention to make such a preference, limitation, or
discrimination. -Reference: Fair Housing Act, Section 3604(c).)
(3) Falsely Representing Availability.
A person shall not represent to any person because of race, color,
religion, national origin, sex, familial status, or handicap that a dwelling is
not available for inspection for sale or rental when the dwelling is available
_
for inspection, sale or rent. (Reference:_ Fair-Housing-Act.-Section-3604(d).)
(4) Entry Into Neighborhood.
A person shall 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 of a particular race, color, religion,
national origin, sex, familial status, or handicap. {Reference:-_Fair _llopsing
Act.-Sect_ion.3604(e).) - -
(5) Handicap.
(a) A person shall not discriminate in the sale or rental or otherwise
make unavailable or deny a dwelling to any buyer or renter because of a handicap
?' of:
x. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after
it is sold, rented, or made available; or
3. Any person associated with that buyer or renter. (Reference: Fair
Housing Act Section 3604 f I .
(b) A person shall not discriminate against any.person in the terms,
conditions, or privileges of sale or rental of a dwelling or in the provision of
services or facilities in connection with the dwelling because of a handicap of:
1. That person;
2. A person residing in or intending to reside in that dwelling after
it is so sold, rented, or made available; or
3. Any person associated with that person. (Reference: Fair Housing
Act Section 3604(f)(2).)
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(c) For purposes of this subsection only, discrimination includes:
I. A refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or to be occupied by the
person if the modifications may be necessary to afford the person full enjoyment
of the premises;
2. A refusal to make reasonable accommodations in rules, policies,
practices, or services, when the accommodations may be necessary to afford the
person equal opportunity to use and enjoy a dwelling; or
3. In connection with the design and construction of a covered
multifamily dwelling for first occupancy after March 13, 1991 (the date that is
30 months after the date of enactment of the fair Housing Amendments Act of 1988
(Public Law 100-430) ), a failure to design and construct the dwelling in a manner
that:
a. The public use and common use portions of the dwelling are readily
accessible to and usable by handicapped persons;
b. All the doors designed to allow passage into and within all premises
within the dwelling are sufficiently wide to allow passage by handicapped persons
in wheelchairs; and
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C. All premises within the dwelling contain an accessible route into and
through the dwelling; light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations; reinforcements in bathroom walls
to allow later installation of grab bars; and usable kitchens and bathrooms so
that an individual in a wheelchair can maneuver about the space. Provided,
however, that compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing accessibility and
usability for physically handicapped people, commonly cited as "ANSI A117.1-
1986," is sufficient to satisfy the requirements of this subparagraph c.
Reference: Fair Housing Act-Section 3604(f)(3).)
(d) Nothing in this subsection requires that a dwelling be made available
to an individual whose tenancy would constitute a direct threat to the health or
safety of other individuals or whose tenancy would result in substantial physical
damage to the property of others. (Reference: Fair Housinq Act, Section
3604(f)(9).)
(6) Residential Real Estate Related Transaction.
A person whose business includes engaging in residential real estate
related transactions shall not discriminate against a person in making a real
estate related transaction available or in the terms or conditions of a real
estate related transaction because of race, color, religion, national origin,
sex, familial status, or handicap. (Reference: Fair Housing Act Section _3605.)
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(1) Brokerage Services.
A person shall not deny any person access to, or membership or
participation in, a multiple-listing service, real estate.brokers' organization
or other service, organization, or facility relating to the business of selling
or renting dwellings, or discriminate against a person in the terms or conditions
of access, membership, or participation, on the basis of race, color, religion,
national origin, sex, familial status, or handicap. (Reference: Fair Housing
Act. Section 3606.)
(8) Interference, Coercion, or Intimidation.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any
person because of the exercise or enjoyment of, or on account of his or her
having exercised or enjoyed, or on account of his or her having aided or
encouraged any other person in the exercise or enjoyment of, any right granted
or protected by this section. Reference: Fair Housing Act, Section 3617.)
(9) Effect On Other Laws.
(a) This section shall not affect or supersede any reasonable restriction
imposed by law or rule on the maximum number of occupants permitted to occupy a
dwelling.
(b) This section shall not affect or supersede a requirement of
nondiscrimination in any state or federal law.
Sec. 99.21. Discrimination in Housing--Exemptions.
(I) Certain Sales and Rentals Exempted. The provisions of subsections
99.20(1 and 99.20(3) through ("a) seet4en 9 shall 44 not apply to:
(a) The sale or rental of a single-family house sold or rented by an
owner:
I. If the owner does not:
a. Own more than three single-family houses at any one time; or
b. Own any interest in, nor is there owned or reserved on-his behalf,
under any express, written or oral agreement, title to or any right to any part
of the proceeds from the sale or rental of more than three single-family houses
at any one time; and
2. f If the house was sold or rented without the use of the sales or
rental facilities or services of a real estate broker, agent, or salesman
lieens d under Per4da law, or of an employee or agent of a ;; ed broker,
agent, or salesman, `ase of r 1 tnE- aei!4ri.4e5? 6 f?ryiees of the
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and there has been no making, printing, publication,
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44 posting, or mailing of a notice, statement, or advertisemen40
t prohibited by
section 99.20(2); provided, however, that
3. This exemption applies only to one sale or rental in a 24-month
period if the owner was not the most recent resident of the house at the time of
the sale or rental.
(3) Housing For Elderly Exempted.
(b) The provisions of section 99.20 relating to "familial status" shall
not apply to housing intended and operated for occupancy by at least one person
55 years of age or older per unit, provided that the housing satisfies the
requirements specified in subparagraphs 1 or 2 and in subparagraph 3 of this
paragraph (b) as follows:
1. The housing facility has significant facilities and services
specifically designed to meet the physical or social needs of older persons.
"Significant facilities and services specifically designed to meet the physical
mere-
or social needs of older persons" include, but are not limited to,
but no% neeessar4ly all of the following: social and recreational programs,
continuing education, information and counseling, recreational, homemaker,
outside maintenance and referral services, an accessible physical environment,
emergency and preventive health care services or programs, congregate dining
facilities, transportation to facilitate access to social services, and services
designed to encourage and assist residents to use the services and facilities
available to them; or
Sec. 99.22. Discrimination in Housing--Procedures.
(5) Investigation: time limits. A
(a) For complaints filed with the Office of Community Relations as
provided herein, and for all complaints that the federal government has referred
to the Office of Community Relations, or has deferred jurisdiction over the
subject matter of the complaint to the Office of Community Relations, the Office
of Community Relations shall commence investigation of the allegations set forth
in the complaint within 30 days after receipt of the complaint.
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(b) The Office of Community Relations shall investigate all complaints,
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LcJ Except and- -i as provided by
this subsection paragpaph, the Office of Cor
day period-,
subparagraph (e) of
ns shall, not later
filed, complete an
n one year after the date the complaint
LL ?-c4 If the Office of Community Relations is unable to complete an
investigation make a determination re ardin probable cause issue a char a or
dismiss the complaint, or
this subsee-ti n, or i5 unable -o make a final administrative disposition of a
com laint =' pese-er eemplete a" adminis?trat4-v within the time
periods prescribed in paragraph (c) of this subsection, the Office of Community
Relations shall notify the complainant, aggrieved person, and respondent in
writing of the reasons for the delay unless the reason is the approval by the
Offire of Cnmmttnity Relations of a conciliation agreement.
(7) Conciliation.
(a) The Office of Community Relations shall, during the period beginning
with the filing of a complaint and ending with the filing of a charge or a
dismissal by the Office of Community Relations, to the extent feasible, engage
in conciliation with respect to the complaint.
(b) The complainant and the respondent may enter into a conciliation
agreement, which agreement shall be subject to approval by the Office of
Community Relations. A conciliation agreement may provide for binding
arbitration or other methods of dispute resolution. Dispute resolution that
results from a conciliation agreement may authorize appropriate relief, including
monetary relief.
(c) Nothing said or done in the course of conciliation may be used as
evidence in a subsequent proceeding under this section without the written
consent of the persons concerned.
.d. Conciliation agreements shall be deemed public records pursuant to
K the Flnridi Piihlir Rerords Law. Chaat_er 119. Florida Statutes.
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(9) Reasonable Cause Determination.
(a) The Office of Community Relations shall determine, based upon the
facts, whether reasonable cause exists, or does not exist, to believe that a
discriminatory housing practice has occurred or is about to occur. For the
purposes of this section, "reasonable cause" shall be based upon sufficiently
trustworthy information which would lead an impartial observer to a belief that
a discriminatory housing practice has occurred or is likely to occur.
1--11*- impraetieable to make the-determ t-i•ee;-or
ea) if 4 49 impraetleable to make the detefminatign within the time
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dewy.
Lb),-(-d+ If the Office of Community Relations determines that reasonable
cause exists to believe that a discriminatory housing practice has occurred or
is about to occur, it shall immediately issue a charge
on behalf of the aggrieved person. A-reasonable cause 44nding may be refeFred
teas- "charge "
(10) Charge.
F (a) A charge reakseeable ease find :
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1. Sha11 consist of a short and plain statement of the facts upon which
the Office of Community Relations has found reasonable cause to believe that a
discriminatory housing practice has occurred or is about. to occur;
2. Shall be based on the final investigative report; and
3. Need not be limited to the facts or grounds alleged in the complaint.
(b) Not later than 3 business days the 20th " after the Office of
Community Relations issues a charge Peasable-eaus ,g, the Office of
Community Relations shall cause -s--? a copy thereof, with information as to how
to make an r^n?-the election of judicial determination as provided for in
this section and the effect of such an election, to be served upon each
respondent named in the charge, together with a notice of the opportunity for a
a
,5313 - 9C2
hearing at_a_ time and place specified inthe_ordinance, _ unless an election of
judicial determination has been made, and to each complainant or aggrieved person
on whose behalf the complaint was filed.
(13) Pending Civil Trial,
The Office of Community Relations may not issue a reasonable cause finding
under this section regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the aggrieved Person arty
under federal or state law seeking relief with respect to that discriminatory
housing practice.
(15) City Attorney Action For Enforcement.
(a) If notice of election is timely given pursuant to subsection (14)
above, the Community Relations Board shall authorize the city attorney to file
a civil action in the circuit court seeking relief under this section on behalf
of the aggrieved person, and such action shall be filed within 30 days of giving
such authorization.
(b) A complainant or Aff aggrieved person may petition the court for leave
to intervene in the action.
(15) Administrative Hearing.
(a) If notice of election is not timely given pursuant to subsection (14)
above, the Community Relations Board shall provide for a hearing on the charge.
(b) The Community Relations Board shall in ever case 1 eR th&
arrange
for the hearing to be conducted by a hearing officer from the State Division of
Administrative Hearings.
(c) The hearing officer shall follow a hearing procedure
orovidina all parties the rioht to be heard. to be represented by counsel. to
present evidence on their own behalf and to conduct cross-examination of
witnesses similar to the procedure for formal proceedings set forth in Section
120.57(1), Ghapter- 120T Florida 5fiafiutes,
Act.
(d) The city attorney shall provide legal representation for the
complainant or aggrieved person in such administrative proceedings, unless he or
-#e des4res to be represented by his or- her- own legal -eaunsel - - -- however,
representation by the city attornev shall not oreclude representation by private
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hearing
on whose behalf the comp
nant or aggrieved person
led.
(13) Pending Civil Trial.
The Office of Community Relations may not issue a reasonable cause finding
under this section regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the aggrieved person party
under federal or state law seeking relief with respect to that discriminatory
housing practice.
(15) City Attorney Action For Enforcement.
(a) if notice of election is timely given pursuant to subsection (14)
above, the Community Relations Board shall authorize the city attorney to file
a civil action in the circuit court seeking relief under this section on behalf
of the aggrieved person, and such action shall be filed within 30 days of giving
such authorization.
(b) A complainant or ,Rr aggrieved person may petition the court for leave
to intervene in the action.
(16) Administrative Hearing.
(a) If notice of election is not timely given pursuant to subsection (14)
above, the Community Relations Board shall provide for a hearing on the charge.
.s (b) The Community Relations Board shall in ever case When the
arrange
for the hearing to be conducted by a hearing officer from the State Division of
Administrative Hearings.
(c) The hearing officer shall follow a an inferma4- hearing procedure
rovidina all parties the right to be heard, to be .represented by counsel, to
'resent evidence on their own behalf and to conduct cross-examination of
witnesses, similar to the procedure for formal proceedings set forth in Section
120.57(1), GhapteF ; Florida Statutes; the Flerida trat-iY aced
Ac-t-.
(d) The city attorney shall provide legal representation for the
complainant or aggrieved person in such administrative proceedings,- unless Theor
representation by the c i tv a
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9-313 - tz
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Sec. 99.23 Discrimination in Housing--Remedies, Penalties.
(2) Administrative Penalties.
(a) Upon the conclusion of a hearing pursuant to section 99.22(16), if
the Community Relations Board believes a respondent has engaged in or is about
to engage in a discriminatory housing practice, the Community Relations Board may
order the appropriate relief to the aggrieved person, including actual damages
for quantifiable injuries, reasonable attorney's fees, costs, and other
injunctive or equitable relief, to the extent 4-f- permitted under applicable
federal or state law.
(3) Private Civil Actions et4en.
(a) A complainant or Ai+ aggrieved person may file a civil action in the
circuit court pursuant to Section 764.35, Florida Statutes, not later than two
years after an alleged discriminatory housing practice has occurred.
(b) An aggrieved person may file an action regardless of whether he or
she has filed a complaint, and regardless of the status of any complaint filed
under this section.
(c) In such civil action, the plaintiff may seek a declaratory .judgment,
preliminary or temporary and permanent injunctive relief, actual and punitive
F damages, and costs and reasonable attorney's fees, as permitted by the court, or
other order as the court determines is Just and proper.
(d) A, ed persen may alse haye the right of appeal in any aetien
'L'l'771Y'f' aG'c.[rty, as preyided by lai.i
( d ) 4-c4 Upon authorization by the city commission, the city attorney may
intervene in a private civil action brought by a complainant or -a4} aggrieved
person, if the city commission certifies that the case is of significant public
importance to the citizens of the City.
M Judicial Review.
Any-party to the complaint shall have the right to petition for judicial
x review of the final order of the Communit Relations Board in a court of
competent .jurisdiction. Such review shall be limited _to _a_review of the final
order and the record of the roceedin s conducted b the Community Relations
Board under this section. A reviewing court may modify, revoke or remand the
final order only u on a findin that such order is not -supported b substantial
competent evidence or that the proceedings did not comply with the essential
requirements of law.
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L51 ?4 Petitions PetWen for Enforcement.
The Community Relations Board or any person entitled to relief under may
seek enfereement of a final order issued under Section 99.22 may seek enforcement
of the order by filing a petition for enforcement in the circuit court. Such
petition for enforcement may request declaratory relief, temporary or permanent
equitable relief, a fine, forfeiture, penalty, or money judgment for actual
damages, attorney's fees, and costs, or combination thereof, as provided in the
Community Relations Board's final order, or other order as the court determines
is just_and proper.
L61 44 Pattern or Practice Cases.
(a) Upon request of the City Commission, the city attorney shall file
a civil action in the circuit court for appropriate relief if the city commission
has reasonable cause to believe that:
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Section 3. This ordinance shall take effect immediately upon adoption.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Attest:
Cyn , i a E. Gou eau, City C i e
rk
November 5, 1992
December 3, 1992
ita Garvey, Mayor-Commi 'oner
Approved as to form and correctness:
M. A. Galbraith/ ., City Attorney
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