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99 FnA615
<br />PUBLIC HEARING - AMENDMENT TO CHAPTER 309 IRC CODE
<br />"FAIR HOUSING"
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<br />PUBLIC NOTICE
<br />The Board of County Cmftaloners of Indian
<br />River Caurtiy� Florida.' w8 as WM a Hearing
<br />on Tiesday, Deoernber-3. 1996 at 8:05 am. in the
<br />840 -251h- SWK
<br />Bench Florida � 1 the adoptbn of
<br />an ordinance entitled: #
<br />AN ORDINANCE OF MDIAN RIVER 000N -
<br />TY, . FLORIDA, AMENDING CHAPTER. 309
<br />FAIR HOUSING," TO DELETE AWES -
<br />TRY, MARITAL STATIA AND AGEAS
<br />PROTECTED PASSES THEREB,Y AT
<br />TANNG CONSISTENCY: WITH FEDERAL
<br />AND STATE FAIR HOUSIM .LAWS, • AND
<br />'TO PROVIDE FOR CODFIC1001% SEV , .
<br />ERABILITY AND EFFECTIVE BATE
<br />The txWosed ordinance nray be (nepected by the
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<br />kbuskershours(8:30am..tothe to the B� o F�mCo mftaaimerathe Ofte d,
<br />1840 25th Street,'Vero Beach, Florida. y at the._ k
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<br />With ip
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<br />kqm who wish to 4, P*R*M which
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<br />may be made Uric meetip WE few to won
<br />that a • verbatim record of the prooeedtngo Is • made,'
<br />which Inckdes testknony and Adenoe upon which.
<br />the appeal Is based
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<br />WHINDisab Aet (ADA) Coor6nator he Coirlh Amartmro
<br />8000, Ext 223 at Inst 48 horns in adruioe of the
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<br />INDIAN RIVER COUNTY
<br />..BOMW OF t M99T' Y
<br />FRAN B. ADAMS, CHAIRMAN
<br />Nov.23,1996 1352587
<br />The Board reviewed the following memo dated 11/20/96:
<br />TO: Board of County Commissioners
<br />FROM: William G. Collins II - Deputy County Attorney
<br />DATE: I;' November 20, 1996
<br />SUBJECT: Amendment to Chapter 309, Indian River County Code, "Fair
<br />Housing"
<br />In order to enhance the likelihood of obtaining funding from the DCA under a
<br />Community Development Block Grant program, the Board of County Commissioners
<br />on March 14, 1995 adopted Ordinance No. 95-7 which has been incorporated into
<br />the Indian River County Code as Chapter 309, Fair Housing.
<br />During the past year I determined that the county ordinance adopted at the
<br />DCAIs request was broader than the federal Fair Housing Act or the Florida
<br />Fair Housing Act.
<br />While the state and federal act prohibit discrimination in housing based on
<br />race, color, national origin, religion, sex, familial status, and handicap,
<br />the local ordinance also includes as protected classes those discriminated
<br />against based on _ancestry, marital status, and acre. During the adoption
<br />hearing, concerns were expressed regarding the application of this ordinance
<br />to housing for the elderly. As a result, code section 309.04.(3)h. exempts
<br />from operation of the act any person who wishes to restrict sales, rentals,
<br />leases, or occupancies to persons over age 55, to the extent allowed by state
<br />or federal law.
<br />The term "ancestry" seems redundant of "national origin".
<br />The only court case located which discusses "marital status" was County of
<br />Dane v. Norman, a Wisconsin Supreme Court case decided in 1993, which held
<br />that unrelated individuals living together was a "conduct" not "status";
<br />i.e., the court said marital status was single or married. The county
<br />ordinance did not preclude either singles or marrieds from living in a
<br />39
<br />DECEMBER 3, 1996
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