CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 3. FAIR HOUSING.

The Governing Body of the City of Cottonwood Falls hereby declares it to be the public policy of said City to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, finance or obtain finding of real property without regard to race, color, sex, religion, national origin or ancestry.

(Ord. 770; Code 2015)

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates.

(a)   “Person” shall mean one or more individuals, partnerships, or other organizations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers.

(b)   “Unlawful Discriminatory Housing Practice” shall mean any discrimination or segregation or separation against any person or group of persons because of race, color, sex, religion, national origin or ancestry, and shall include only those unlawful practices and acts as set forth in Section 5-303.

(c)   “Housing Accommodations” shall mean any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons. “Housing Accommodations” shall not mean or include

(1)   The rental of a dwelling, or portion thereof, containing accommodations for no more than five families, one of which is occupied by the owner or his family at the time of the rental.

(2)   The rental of rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he or members of his or her family reside.

(d)   “Owner” shall mean and include the owner, lessee, sub lessee, assignee, manager, agent, or other person, firm or corporation, having the right to sell, rent or lease any housing accommodations or real property within the corporate limits of the City.

(e)   “Real Estate Broker” shall mean any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person.

(f)   “Real Estate Salesman or Agent” shall mean any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker.

(g)   “Financial Institution” shall mean any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.

(h)   “Real Property” shall include all real estate, leaseholds, and any vacant land offered for sale or rent.

(Ord. 770; Code 2015)

It shall be an unlawful discriminatory housing practice:

(a)   For the owner, real estate broker, real estate salesman, or employees or agents thereof:

(1)   To refuse to sell, rent, assign, lease, or sublease, or offer for sale, rental, lease, assignment, or sublease, or to refuse to negotiate for the sale, rental, lease, assignment, or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease, or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental, assignment, lease, or sublease of said property, or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of the race, color, sex, religion, national origin, or ancestry of such person.

(2)   To discriminate against any person because of his race, color, sex, religion, national origin or ancestry in the terms, conditions or privileges of the sale, lease, rental, assignment or sublease of any housing accommodations or real property or part or portion thereof or in the furnishing of facilities or services in connection therewith; or

(3)   To print, publish, circulate, issue, display, post, or mail, or cause to be printed, published, circulated, issued, displayed, posted, or mailed, any statement, advertisement, publication, or sign, or use any form of application for the purchase, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, sex, religion, national origin or ancestry or any intent to make any such limitation, specification or discrimination.

(b)   For any person or financial institution to which application is made for financial assistance for the purchase, acquisition or construction of any housing accommodations or real property or part or portion thereof or any agent or employee thereof:

(1)   To discriminate against any person because of the race, sex, color, religion, national origin or ancestry of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of services in connect i on therewith; or

(2)   To use any form of application for such financial assistance or to make any record or inquiry in connection with application for such financial assistance.

(Ord. 770; Code 2015)

Nothing in this article 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, rentals 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. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(Ord. 770; Code 2015)

(a)   Any person claiming to be aggrieved of an unlawful discriminatory housing practice, hereinafter referred to as a “complainant” may on his own behalf, or by his attorney, make, sign and file with the City Clerk a complaint in writing, under oath, which shall state the name and address of the person alleged to have committed an unlawful discriminatory housing practice. The City Clerk will then refer the complaint to the City Council. Said complaint shall set forth the particulars thereof and contain such other information as may be required by the City Council.

(b)   Any complaint filed under this article must be filed within thirty (30) days after the date of the alleged incident.

(c)   In the event of a complaint being filed pursuant to this section, a true copy of such complaint shall forthwith be transmitted by certified United States mail, postage prepaid, addressed to the person complained against.

(d)   Every complaint of a violation of this article shall be referred to the City Council. The City Council shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the City Council, after investigation, finds there is no merit to this complaint, the same shall be dismissed. If the City Council finds that there is merit to the complaint, in their opinion, then and in that event, the City Council will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(e)   If the City Council within thirty (30) days from the receipt of such complaint, is unable to eliminate the alleged discriminatory practice by a conference or conferences and conciliation, then and in that event, a determination of whether or not to prosecute on said complaint shall be made by the City Council.

(Ord. 770; Code 2015)

(a)   Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not to exceed One Hundred Dollars ($100.00) or be imprisoned not to exceed thirty (30) days or be both so fined and imprisoned.

(b)   Any person making false, malicious or unfounded accusations against any person under oath and under the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not to exceed One Hundred Dollars ($100. 00) or be imprisoned not to exceed thirty (30) days or be both so fined and imprisoned.

(Ord. 770; Code 2015)