File #: O-20-15    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 4/20/2015 In control: City Council
On agenda: 6/22/2015 Final action: 6/22/2015
Title: Fair Housing in the City of Annapolis - For the purpose of adding gender identity to the protected classes set forth in Chapter 11.32 of the Code of the City of Annapolis.
Sponsors: Ross Arnett
Indexes: Housing and Human Welfare Committee
Attachments: 1. O-20-15 Fair Housing.pdf, 2. O-20-15 Staff Report.pdf, 3. O-20-15 Fiscal Impact.pdf, 4. O-20-15_SIGNED.pdf

Title

Fair Housing in the City of Annapolis - For the purpose of adding gender identity to the protected classes set forth in Chapter 11.32 of the Code of the City of Annapolis.

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 20-15

 

Sponsored by: Alderman Arnett

 

Referred to

Housing and Human Welfare

 

AN ORDINANCE concerning

 

Fair Housing in the City of Annapolis

 

FOR                     the purpose of adding gender identity to the protected classes set forth in Chapter 11.32 of the Code of the City of Annapolis.

 

BY                     repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2013 Edition

                     Section 11.32.010

                     Section 11.32.020

                     Section 11.32.030

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

CHAPTER 11.32 - FAIR HOUSING

 

Section 11.32.010 - Policy.

 

It is the policy of the City, in the exercise of its police powers for the protection of the public safety, public health and general welfare, to assure equal opportunity to all persons to live in decent housing facilities and to eliminate discrimination in all housing accommodations regardless of race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin, and to that end to prohibit discrimination in all housing accommodations by any person.

 

Section 11.32.020 - Definitions.

 

                     For the purposes of this chapter the following words and phrases have the meanings respectively ascribed to them by this section:

 

A.                     "Discrimination" means any difference in treatment solely because of race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income or national origin in the sale, lease, rental or financing of a housing unit.

 

B.                     "Housing unit" means a single room or suite of rooms, or an apartment, or a residential building lot or dwelling house, occupied or intended for occupancy as separate living quarters by an individual, a family, or a group of individuals living together within a multiple housing accommodation.

 

C.                     "Lending institution" means any bank, insurance company, savings and loan association or any person or organization regularly engaged in the business of lending money or guaranteeing loans.

 

Section 11.32.030 - Unlawful housing practices.

 

It is an unlawful housing practice:

 

A.                     For any person:

1.                     To refuse to sell, lease, sublease, rent, assign or otherwise transfer,

2.                     To refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold or other interest in any housing unit,

3.                     To represent that a housing unit is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available,

4.                     Otherwise to deny or withhold any housing unit from any person because of the person's race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin,

5.                     To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing unit any clause, condition or restriction discriminating against any person in the use or occupancy of such housing unit because of race, color, religion, ancestry disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin,

6.                     To discriminate in the furnishing of any facilities, repairs, improvements or services, or in the terms, conditions, privileges or tenure of occupancy of any housing unit because of race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin;

 

B.                     For any lending institution:

1.                     To discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing unit,

2.                     To discriminate in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of related service because of race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin;

 

C.                     For any person in connection with the prospective purchase, rental, lease or financing of any housing, in a manner which indicates race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin:

1.                     To publish or circulate or to cause to be published or circulated, any notice, statement or advertisement,

2.                     To announce a policy,

3.                     To use any form of application for the purchase, lease, rental or financing of any housing unit,

4.                     To make any record or inquiry;

 

D.                     For any person:

1.                     To aid, abet, compel, coerce or participate in the doing of any act declared to be an unlawful housing practice under this chapter,

2.                     To obstruct or prevent the enforcement of or compliance with the provisions of this chapter,

3.                     To attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice;

 

E.                     For any person:

1.                     To induce or attempt to induce any person to transfer an interest in a housing unit by representations regarding the existing or potential proximity of real property or housing units owned, used or occupied by persons of any particular race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin, by direct or indirect methods,

2.                     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 housing unit resident, occupant or tenant to list for sale, sell, remove from lease, assign, transfer or otherwise dispose of a housing unit by referring to the race, color, religion, disability, familial status, sexual orientation, GENDER IDENTITY, marital status, sex, lawful income, or national origin of actual, possible or anticipated neighbors, tenants or other prospective buyers of real property 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,

3.                     To cause to be made any untrue or misleading statement or in any other manner, as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, religious, nationality or ethnic change in any street, block, neighborhood or any other areas, attempt to obtain a listing of housing units for sale, rental, assignment, transfer or other disposition, where the statement, advertising or other holding out is false or misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement, or to make any other misrepresentations in order to obtain the listing, sale, removal from lease, assignment, transfer or other disposition of housing units,

4.                     To make, as part of a process or pattern discouraging the purchase, rental, occupancy or other use of housing units in a particular block, neighborhood or area, any representation to any prospective purchaser, lessee or other transferee that the block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to religion, racial, color, nationality or ethnic composition of the block, neighborhood or area,

5.                     To place a sign or display any other device either purporting to offer for sale, leasing, assignment, transfer or other disposition or tending to lead to the belief that an offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing unit that in fact is not available or offered for sale, lease, assignment, transfer or other disposition, or maintain a display or any sign or other device for more than thirty days after the sale, leasing, assignment, transfer or other disposition of a housing unit,

6.                     To induce or attempt to induce the sale or listing for sale of a housing unit by representing that the presence or anticipated presence of persons of any particular race, color, religion, ancestry or national origin in the area will or may result in:

a.                     The lowering of property values

b.                     A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located

c.                     An increase in criminal or antisocial behavior in the area

d.                     A decline in quality of the schools serving the area.

 

SECTION  II:  AND  BE  IT  FURTHER  ESTABLISHED  AND  ORDAINED  BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.

 

EXPLANATION

CAPITAL LETTERS indicate matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments