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Home My WebLink About1996-23I 11/96(ord/fairhsg)(LEGAL(WGC/nhm) ORDINANCE NO. 96- 23 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 309 "FAIR HOUSING", TO DELETE ANCESTRY, MARITAL STATUS, AND AGE AS PROTECTED CLASSES, THEREBY ATTAINING CONSISTENCY WITH FEDERAL AND STATE FAIR HOUSING LAWS, AND TO PROVIDE FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE, WHEREAS, Indian River County, Florida has adopted a Fair Housing ordinance as Chapter 309 of the Indian River County Code, and; WHEREAS, the policy declaration of that ordinance was to be in keeping with the laws of the United States of America, to promote fair housing, and, WHEREAS, neither the Federal Fair Housing Act nor the Florida Fair Housing Act extend "protected class" status to those discriminated against based on ancestry, marital status, or age, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Code Chapter 309, Fair Housing, Section 309.01, Section 309.03(1); Section 309.03(1)o, Section 309.03(1)p, Section 309.03(2); Section 309.03(3); and Section 309.06(3)c are hereby amended to delete ancestry, marital status, and age as classes protected from discrimination as follows: SECTION 1. Amend Indian River County Code Section 309.01 "Declaration of policy" to read: "Section 309.01. Declaration of policy. It is the policy of Indian River County, in keeping with the laws of the United States of America, 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 county, without regard to race, color, Ayi¢¢¢t Ib/ national origin, religion, sex, ;6A X AX / ¢ AtiA¢/ familial status/ or handicap, and, to that end, to prohibit discrimination in housing by any person." SECTION 2. Amend Indian River County Code Section 309.03 "Unlawful housing practices" to read: CODING: Words in type are deletions from existing law; words underlined are additions. ORDINANCE NO. 96- 23 "Section 309.03. Unlawful housing practices. (1) Unlawful housing practices, sale or rental and advertising in connection therewith. Except as provided in section 309.04 hereof, 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 chapter, because of race, color, Ayi¢¢¢t It/ national origin, religion, sex, ;6A XW//¢t¢ `1A¢/ familial status/ or handicap//¢d¢: o. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, or otherwise dispose of any housing by referrings as a part of a process or pattern of inciting 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, ¢gi¢¢¢t) jj national origin, religion, sex, iii¢ familial status, or handicap of actual or anticipated neighbors, tenants or other prospective buyers of any housing, p. To cause to be made any untrue or intentionally misleading statement or advertisement, or in any other manner/ attempts as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, ¢yioo$t YJ national origin, religious, sex, ;i¢`%tAX/¢ `AtlA¢/ familial status, or handicap, or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of any housing for sale, rental, assignment, transfer or other disposition where such statement, advertisement or other representation is false or materially misleading, or where there is sufficient basis to judge its truth or falsity to warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing, (2) Unlawful housing practices, financing. It shall be unlawful and a discriminatory housing practice for any lending institution, as defined herein, 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 fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, ¢yi¢¢¢tIF/ national origin, CODING: Words in y��E�Eyi¢jEJ yi¢¢�h�yi type are deletions from existing laws words underlined are additions. ORDINANCE NO. 96- 23 religion, sex, afi$4% AX//¢1=¢1�]d¢/ familial status, or handicap///¢4//¢d¢ of such person or of any person associated with such person in connection with such loan or other financial assistance or for purposes of such loan or other 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 the subsection shall impair the scope or effectiveness of the exceptions contained in section 309.04 of this chapter. (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, 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, ¢gi¢¢¢¢Ib/ national origin, religion, sex, ;i¢)i¢AX/¢WKt¢/ familial status, or handicap//Ot/$40." SECTION 3. Amend Indian River County Code Section 309.06 "Complaints to read: "Section 309.06. Complaints. (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 offending party; b. Date of the offense and date of filing the informal complaints c. General statements of facts of the offense including the basis of the: discrimination (race, color, Ayi¢¢¢¢4YI national origin, religion, sex, familial status, or handicap//o#/¢J¢); d. Name and signature of the complainant." SECTION 4. Codification The provisions of this ordinance shall be incorporated into the Indian River County Code and the word "ordinance" may be changed to !'section", "article", or other appropriate word, and the sections of the ordinance may be renumbered or relettered to accomplish such intentions. CODING: Words in type are deletions from existing law; words underlined are additions. ORDINANCE NO. 96.2 3 SECTION 5. Severability If any section, part of a sentence, paragraph, phrase or word, of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 6. Effective Date This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 3 day of December , 19950 This ordinance was advertised in the Vero Beach Press -Journal on the 23 day of November., 1996, for a public hearing to be held on the 3 day of December 1996, at which time it was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Ginn and adopted by the following vote: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Ay Commissioner Kenneth R. Macht Ave BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By � al 0 Fran B. Adams, @Chairman BY J K Bartor3, rk - Acknowledgment by•the°Department of State of the State of Florida, this 12th day of December ;'t 1919'_6• Acknowledgment 'for= -.the Department of State received on this 16th day of December 199 i 6, at 11:0d.m. /ptXR. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. EFFECTIVE DATE: This ordinance became effective upon filing with the Depart►fient4- of State which took place on the 10th day of December, 1996. CODING: Words in type are deletions from existing law; words underlined are additions. BY WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY