2020-O-02 - Fair Housing Code ORDINANCE NO. 2020-0-02
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, CREATING A NEW SUBDIVISION OF THE
CITY CODE TO BE ENTITLED FAIR HOUSING CODE;
PROVIDING FOR A DECLARATION OF POLICY TO
PROHIBIT DISCRIMINATION IN HOUSING ON THE
BASIS OF RACE, COLOR, ANCESTRY, NATIONAL
ORIGIN,RELIGION, SEX, MARITAL STATUS,FAMILIAL
STATUS, HANDICAP OR AGE; PROVIDING
DEFINITIONS; DESIGNATING AS UNLAWFUL CERTAIN
DISCRIMINATORY PRACTICES IN THE SALE OR
RENTAL OF HOUSING, AS WELL AS IN ADVERTISING
IN CONNECTION THEREWITH, IN THE FINANCING OF
HOUSING, AND IN BROKERAGE SERVICES RELATED
TO EXCEPTIONS; PROVIDING FOR AN
ADMINISTRATOR TO BE DESIGNATED BY THE CITY
OF EDGEWATER AND PRESCRIBING THE GENERAL
POWERS AND DUTIES OF SUCH ADMINISTRATOR,
PRESCRIBING ACTION UPON A DETERMINATION OF
PROBABLE CAUSE, AND AUTHORIZING THE
PROMULGATION OF FORMS AND REGULATIONS;
MAKING PROVISIONS FOR THE FILING OF
COMPLAINTS AND RESPONSES THERETO, AND THE
PROCESSING THEREOF BY THE ADMINISTRATOR;
PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING
FOR PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater has the authority to adopt this
Ordinance pursuant to Article VII1 of the Constitution of the State of Florida and Chapter 166,
Florida Statutes;
BE IT ENACTED BY THE CITY OF EDGEWATER, FLORIDA: THAT THE CODE
OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, IS HEREBY AMENDED BY
ADDING A SUBDIVISION TO BE NUMBERED CHAPTER 11, ARTICLE V, WHICH
READS AS FOLLOWS:
SECTIONS 11-79 thru 11-89. Reserved.
ARTICLE V. Fair Housing Ordinance of the City of Edgewater, Florida.
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SECTION 11-90. DECLARATION OF POLICY.
It is the policy of the City of Edgewater in keeping with the laws of the United States of
America and the spirit of the Constitution of the State of Florida, to promote through fair,
orderly and lawful procedure the opportunity for each person so desiring to obtain housing of
such person's choice in this jurisdiction without regard to race, color, ancestry, national
origin, religion, sex, marital status, familial status, handicap or age, and, to that end, to
prohibit discrimination in housing by any person.
SECTION 11-91. DEFINITIONS.
The terms as used herein shall be defined as follows:
(1) Administrator: That person appointed by the City Council pursuant to Section 1I-
94.
(2) Age: Unless the context clearly indicates otherwise, the work age as used herein
shall refer exclusively to persons who are 18 years of age or older.
(3) Discriminatory Housing Practice: An act that is unlawful under Section 11-92.
(4) Family: One or more persons living together as a single housekeeping unit in a
dwelling.
(5) Housing or Housing Accommodation: Any building, structure, or portion thereof,
mobile home or trailer, or other facility which is occupied as, or designed or
intended for occupancy as, a residence by one or more families, and any vacant
land which is offered for sale or lease for the construction or location thereon of
any such building, structure, or portion thereof, mobile home or trailer or other
facility.
(6) Lending Institution: Any bank, insurance company, savings and loan association
or any other person or organization regularly engaged in the business of lending
money, guaranteeing loans, or sources of credit information, including, but not
limited to credit bureaus.
(7) Owner: Any person, including, but not limited to a lessee, sublease, assignee,
manager, or agent, and also including the City and its departments or other
subunits, having the right of ownership or possession or the authority to sell or
lease any housing accommodation.
(8) Person: One or more individuals, corporations, partnerships, associations, labor
organizations, legal representatives, mortgage companies, joint stock companies,
trusts, receivers, unincorporated organizations, or public corporations, including,
but not limited to the City or any department or subunit thereof.
(9) Real Estate Agent: Any real estate broker, any real estate salesperson, or any
other person, employee, agent, or otherwise, engaged in the management or
operation of any real property,
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(10) Real Estate Broker or Salesperson: A person, whether licensed or not, who, for or
with the expectation of receiving a consideration, lists, sells, purchases,
exchanges, rents, or leases real property, or who negotiates or attempts to
negotiate any of these activities, or who holds himself or herself out as engaged in
these activities, or who negotiates or attempts to negotiate a loan secured or to be
secured by mortgage or other encumbrance upon real property, or who is engaged
in the business of listing real property in a publication; or a person employed by
or acting on behalf of any of these.
(11) Real Estate Transaction: Includes the sale, purchase, exchange, rental or leases of
real property, and any contract pertaining thereto.
(12) Rent: Includes leases, sublease, assignment and/or rental, including any contract
to do any of the foregoing, or otherwise granting for a consideration the right to
occupy premises that are not owned by the occupant.
(13) Respondent: Any person against whom a complaint is filed pursuant to this
ordinance.
(14) Sale: Includes any contract to sell, exchange, or to convey, transfer or assign legal
or equitable title to, or a beneficial interest in, real property.
SECTION 11-92. UNLAWFUL HOUSING PRACTICES.
(1) Unlawful housing practices: Sale or rental and advertising in connection
therewith.
Except as provided in Section 11-93, it shall be unlawful and a discriminatory
housing practice for an owner, or any other person engaging in a real estate
transaction, or for a real estate broker, as defined in this ordinance, because of
race, color, ancestry, national origin, religion, sex, marital status, familial status,
handicap or age:
(a) To refuse to engage in a real estate transaction with a person or to
otherwise make unavailable or deny housing to any person.
(b) To discriminate against a person in the terms, conditions or privileges of a
real estate transaction or in the furnishing of facilities or services in
connection therewith.
(c) To refuse to receive or to fail to transmit a bona fide offer to engage in a
real estate transaction from a person.
(d) To refuse to negotiate for a real estate transaction with a person.
(e) To represent to a person that housing is not available for inspection, sale,
rental or lease when, in fact, it is so available, or to fail to bring a property
listing to such person's attention, or to refuse to permit him or her to
inspect the housing.
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i
(f) To steer any person away from or to any housing.
(g) To make, print, publish, circulate, post or mail, electronic or otherwise, or
cause to be made, printed, published or circulated, any notice, statement,
advertisement or sign, or to use a form of application or photograph for a
real estate transaction or, except in connection with a written affirmative
action plan, to make a record or oral or written inquiry in connection with
a prospective real estate transaction, which indicates directly or indirectly
an intent to make a limitation, specification, or discrimination with respect
thereto.
(h) To offer, solicit, accept, use or retain a listing of housing with the
understanding that a person may be discriminated against in a real estate
transaction or in the furnishing of facilities or services in connection
therewith.
(i) To induce or attempt to induce any person to transfer an interest in any
housing by representations regarding the existing or potential proximity of
housing owned, used or occupied by any person protected by the terms of
this ordinance.
(j) To make any misrepresentations concerning the listing for sale or rental,
or the anticipated listing for sale or rental, or the sale or rental of any
housing in any area in the City of Edgewater for the purpose of inducing
or attempting to induce any such listing or any of the above transactions.
(k) To retaliate or discriminate in any manner against any person because of
his or her opposing a practice declared unlawful by this ordinance, or
because he or she has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding or conference under this
ordinance.
(1) To aid, abet, incite, compel or coerce any person to engage in any of the
practices prohibited by the provisions of this ordinance, or to obstruct or
prevent any person from complying with the provisions of this ordinance,
or any conciliation agreement entered into there under.
(m) By canvassing to compel any unlawful practices prohibited by the
provisions of this ordinance.
(n) Otherwise to deny to, or withhold, any housing accommodations from a
person.
(o) To promote, induce, influence or attempt to promote, induce or influence
by the use of postal cards, letters, circulars, telephone, emails, facsimiles,
visitation or any other means, directly or indirectly, a property owner,
occupant, or tenant to list for sale, sell, remove from, lease, assign,
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transfer, or otherwise dispose of any housing by referring as a part of a
process or pattern of indicating neighborhood unrest, community tension,
or fear of racial, color, religious, nationality or ethnic change in any street,
block, neighborhood or any other area, to the race, color, religion,
neighbors,tenants or other prospective buyers of any housing.
(p) To place a sign or display any other devise either purporting to offer for
sale, lease, assignment, transfer or other disposition or tending to lead to
the belief that a bona fide offer is being made to sell, lease, assign, transfer
or otherwise dispose of any housing that is not in fact available or offered
for sale, lease, assignment,transfer or other disposition.
(2) Unlawful housing practices: Financing
It shall be unlawful and a discriminatory housing practice for any lending
institution, to deny a loan or other financial assistance to a person applying
therefore for the purpose of purchasing, constructing, improving, repairing or
maintaining housing, or to discriminate against such person in the fining of the
amount, interest rate, duration, or other terms or conditions of such loan or other
financial assistance, because of the race, color, ancestry, national origin, religion,
sex, marital status, familial status, handicap or age of such person or of any
person associated with such person in connection with such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants or occupants
of the housing in relation to which such loan or other financial assistance is to be
made or given; provided that nothing contained in this subsection shall impair the
scope or effectiveness of the exceptions contained in Section 11-93 of this
ordinance.
(3) Unlawful housing practices: Brokerage Services
It shall be unlawful and a discriminatory housing practice 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 related to the
business of selling, or renting housing, or to discriminate against such person in
the terms or conditions of such access, membership or participation because of
race, color, ancestry, national origin, religion, sex, marital status, familial status,
handicap, or age.
SECTION 11-93. EXEMPTIONS AND EXCEPTIONS.
(1) Nothing contained in Section 11-92 shall prohibit a religious organization,
association, or society, or any nonprofit charitable or educational institution or
organization operated, supervised or controlled by or in conjunction with a
religious organization, association, or society, from limiting or from advertising
the sale, rental or occupancy of housing which it owns or operates for other than a
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commercial purpose to persons of the same religion, or from giving preference to
such persons. Nor shall anything in this ordinance 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.
(2) Nothing in Section 11-92, other than subsection(g)of subsection(1)thereof, shall
apply to:
(a) 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; provided, further, that in the case of the sale of
any such 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; provided, further, that it does not own any
interest in, nor is there owned or reserved on such owner's behalf; under
any express or voluntary agreement,title to or any rights 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; provided, further, that the owner
sells or rents such housing (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 housing, or of any employee or agency of
any such broker, agent, salesperson, or person and (2) without the
publication, posting, or mailing, after notice, of any advertisement or
written notice in violation of subsection (g) of subsection (1) of Section
11-92, but nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstracters, title companies, and other such professional
assistance.as necessary to perfect or transfer the title; or
(b) Rooms or units in housing 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 such owner's residence, provided that the owner sells or rents
such rooms or units(1) without the use in any manner of 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 housing, or
of any employee or agency of any such broker, agent salesperson, or
person and (2) without the publication, posting or mailing, after notice in
violation of subsection (g) of subsection (1) of Section 11-92, but nothing
in this provision shall prohibit the use of attorneys, escrow agents,
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abstracters, title companies, and other such professional assistance as
necessary to perfect or transfer the title.
(3) For the purpose of this subsection a person shall be deemed to be in the business
of selling or renting housing if
(a) He or she has, within the preceding twelve months, participated as
principal, other than in the sale of his or her own personal residence, in
providing sales or rental facilities or sales or rental services in three or
more transactions involving the sale or rental of any housing or any
interest therein; or
(b) He or she has, within the preceding twelve months, participated as 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 housing or any interest
therein; or
(c) He or she is the owner of any housing designed or intended for occupancy
by, or occupied by, five or more families.
(4) Nothing in Section 11-92 shall be construed to:
(a) Bar any person from restricting sales, rentals, leases or occupancy, or from
giving preference, to persons of a given age for bona fide housing
intended solely for the elderly or bona fide housing intended solely for
minors.
(b) Make it an unlawful act to require that a person have legal capacity to
enter into a contract or lease.
c Bar any person from advertising or from refusing to sell or rent any
housing which is planned exclusively for, and occupied exclusively by,
individuals of one sex,to any individual of the opposite sex.
(d) Bar any person from selling, renting or advertising any housing which is
planned exclusively for, and occupied exclusively by, unmarried
individuals to unmarried individuals only.
(e) Bar any person from advertising or from refusing to sell or rent any
housing which is planned exclusively for married couples without children
or from segregating families with children to special units of housing.
(fl Bar any person from refusing a loan or other financial assistance to any
person whose life expectancy, according to generally accepted mortality
tables, is less than the term for which the loan is requested.
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SECTION 11-94. ADMINISTRATOR AUTHORITY AND RESPONSIBILITIES.
(1) Council to Appoint. The authority and responsibility for administering this
ordinance shall be vested in the Council who shall appoint an administrator.
(2) General Powers and Duties. The administrator shall:
(a) Receive written complaints as hereinafter provided in Section 11-95
relative to alleged unlawful acts under this ordinance when a complaint
seeks the administrator's good offices to conciliate.
(b) Upon receiving written complaint, make such investigations as the
administrator deems appropriate to ascertain facts and issues.
(c) Utilize methods of persuasion, conciliation, and meditation or information
adjustment of grievances.
(d) Establish, administer or review programs at the request of the Council and
make reports on such programs to the Council.
(e) Bring to the attention of the Council items that may require Council notice
or action to resolve.
(f) Render to the Council annual written reports of his or her activities under
the provisions of this ordinance along with such comments and
recommendations as he or she may choose to make.
(g) Cooperate with and render technical assistance to federal, state, local and
other public and private agencies, organizations and institutions which are
formulating or carrying on programs to prevent or eliminate the unlawful
discriminatory practices covered by the provisions of this ordinance.
(3) Determination of Probable Cause. If after fully processing the complaint in the
manner hereafter provided, the administrator determines that there is probable
cause to believe that there has been a violation of the provisions of this chapter,
and conciliation and/or resolution under this chapter is not achieved, the
administrator shall refer the matter, along with the facts he or she has gathered in
the investigations, to the proper county, state or federal authorities for appropriate
legal action, with notification thereof to the City Manager and City Attorney.
(4) Promulgation of Forms and Regulations. The administrator shall promulgate,
publish and distribute the necessary forms, rules and regulations to implement the
provisions of this ordinance.
SECTION 11-95. COMPLAINTS.
(1) A person who claims that another person has committed a discriminatory housing
practice against him or her may report that offense to the administrator by filing
an informal complaint within forty-five (45) days after the date of the alleged
discriminatory housing practice and not later.
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(2) The administrator shall treat a complaint referred by the Secretary of Housing and
Urban Development or the Attorney General of the United States under the Fair
Housing Act of 1968, Public Law 90-284, as an informal complaint filed under
subsection(1).
(3) An informal complaint must be in writing, verified or affirmed, on a form to be
supplied by the administrator and shall contain the following:
(a) Identity and address of the respondent.
(b) Date of offense and date of filing the informal complaint.
(c) General statement of facts of the offense including the basis of the
discrimination (race, color, ancestry, national origin, religion, sex, marital
status, familial status, handicap or age).
(d) Name and signature of the complainant.
(4) Each complaint shall be held in confidence by the administrator unless and until
the complainant and the respondent(s) consent in writing that it shall be made
public.
(5) Within fifteen (15) days after the filing of the informal complaint, the
administrator shall transmit a copy of the same to each respondent named therein
by certified mail, return receipt requested. Thereupon, the respondent(s) may file
a written, verified informal answer to the informal complaint within twenty (20)
days of the date of the receipt of the informal complaint.
(6) An informal complaint or answer may be amended at any time, and the
administrator shall furnish a copy of each amended informal complaint or answer
to the respondent(s)complaint, respectively, as promptly as practicable.
(7) The administrator shall assist complainants or respondents when necessary in the
preparation and filing of informal complaints or answers or any amendments
thereto.
(8) The administrator shall advise complainants of their rights and options provided
in Section 760.34, Florida Statutes.
SECTION 11-96. PROCESSING COMPLAINTS.
(1) Within fifteen (15) days after the filing of an informal complaint, the
administrator shall make such investigation as is deemed appropriate to ascertain
facts and issues. If the administrator shall deem that there are reasonable grounds
to believe that a violation has occurred and can be resolved by conciliation, the
administrator shall attempt to conciliate the matter by methods of initial
conference and persuasion with all interested parties and such representatives as
the parties may choose to assist them. Conciliation conferences shall be informal
and nothing said or done in the course of the informal conference with the
individuals to resolve the dispute may be public or used as evidence in a
subsequent proceeding by either party without the written consent of both the
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complainant and the respondent(s). The administrator or employee of the
administrator who shall make public any information in violation of this provision
shall be deemed guilty of a violation of a City ordinance and shall be subject to
penalty as set forth in Section 11-10.
(2) If the parties desire to conciliate, the terms of the conciliation shall be reduced to
writing in the form approved by the administrator and must be signed and verified
by the complainant and respondent(s) and approved by the administrator. The
conciliation agreement shall be for conciliation purposes only and shall not
constitute an admission by any party that the law has been violated.
(3) If the administrator deems that there is not probable cause to believe that the
alleged discriminatory housing practice has been committed, the administrator
shall take no further action with respect to the alleged offense.
(4) For any matter involving a complaint under this chapter which is not resolved
after the parties, in good faith, have attempted conciliation; or if the administrator
determines that a violation alleged in the complaint cannot be resolved by
conciliation, the administrator shall notify both the complainant and the
respondent(s) within thirty(30) days of the failure or the determination, and then
shall proceed as provided in Paragraph(3)of Section 11-94 herein above.
SECTION 11-97. ADDITIONAL REMEDIES.
The procedure prescribed by this chapter does not constitute an administrative prerequisite to
another action or remedy available under other law. Further, nothing in this chapter shall be
deemed to modify, impair or otherwise affect any right or remedy conferred by the
Constitution or laws of the United States or the State of Florida, and the provisions of this
chapter shall be in addition to those provided by such other laws.
SECTION 11-98. EDUCATION AND PUBLIC INFORMATION.
The administrator may conduct educational and public informational activities, including
workshops,that are designed to promote the policy of this chapter.
SECTION 11-99. UNTRUTHFUL COMPLAINTS OR TESTIMONY.
It shall be a violation of this ordinance for any person knowingly and willfully to make false
or untrue statements, accusations or allegations in a complaint filed hereunder or to give false
testimony concerning violations of this ordinance.
SECTION 11-100. PENALTY.
Any person who is determined under this chapter to have committed a discriminatory housing
practice shall be subject, upon conviction, to a fine up to but not exceeding the sum of Five
Hundred and no/100 Dollars ($500.00), or imprisonment for a term not exceeding six (6)
months, or by both such fine and imprisonment.
SECTION 11-101. SEVERABILITY.
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If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held
illegal, invalid or unconstitutional by the decision of any court or regulatory body of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
hereof. The City of Edgewater hereby declares that it would have passed this ordinance and
each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or
unconstitutional, and all ordinances and parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION 11-102. CODIFICATION.
This Ordinance shall be codified and made a part of the City of Edgewater Code of
Ordinances; the Sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and the word "Ordinance" may be changed to, "Chapter, " "Section",
"Article", or other appropriate word.
SECTION 11-103. EFFECTIVE DATE.
This ordinance shall become effective upon approval of the City Council at its second
reading.
PART F ADOPTION.
During the April 6, 2020 Council Meeting under Item 5 - APPROVAL OR
CHANGES/MODIFICATIONS TO THE AGENDA, a Motion by Councilwoman Power with
Second by Councilwoman Yaney was made to continue this first reading/public hearing to a date
and time certain of May 4, 2020 at 6:00 pm. The vote on the CONTINUANCE of this ordinance
on April 6, 2020 was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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After Motion to approve by Vice-Mayor Conroy and second by Councilwoman Power,
the vote on the first reading of this ordinance on May 4, 2020 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe x
Vice-Mayor Gary Conroy X
After Motion to approve by Yt" -1:y (,ems-�. and second by
"� ^� o F :-o ,� _•; , the vote on the second reading/public hearing of
this ordinance on July 6, 2020 was as follows:
AYE NAY
Mayor Mike Thomas �
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Vice-Mayor Gary Conroy
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PASSED AND DULY ADOPTED this July 6, 2020.
ATTEST CITY COUNCIL OF THE
CITY EDG TER, A
B
Robin L. Matusick Mik as
City Clerk/Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to form and Edgewater at during the Council meeting held on
legality by: Aaron R. Wolfe,Esquire the 6`h day of July, 2020 under Agenda Item 8 -
City Attorney
Doran,Sims,Wolfe,Ciocchetti&Yoon
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