Chapter V · Business Regulations

ARTICLE 4. FAIR HOUSING

Sections 5-401 to 5-407 · 7 sections

5-401 Definition.

A fair housing ordinance prohibiting discrimination against persons participating in real estate sale, rental or loan transactions because of race, religion, color, sex, national or social origin or ancestry and providing remedies and penalties for violations thereof.

(Ord. 966; Code 2014)

5-402 Purpose.

The governing Body of the City of Marion hereby declares it to be the public policy of the city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, finance or obtain real property without regard to race, color, sex, national or social origin or ancestry.

(Ord. 966; Code 2014)

5-403 Discriminatory practices.

It shall be an unlawful discriminatory housing practice:

(a)For the owners, real estate broker, real estate salesman or employees or agent thereof

(1)To refuse to sell, rent, assign, lease or sublease or offer for 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 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, religion, color, sex, national or social origin or ancestry of such person.

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

(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, 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 or social origin or ancestry or any intent to make any such limitation, specification or discrimination.

(4)Discriminating in terms, conditions, or privileges of sa1e or rental.

(5)Falsely representing that a dwelling is not available for inspection, sale or rental.

(6)Blockbusting.

(7)Denying a person access to membership or participation in mutual listing services, real estate brokers’ organizations, or other services.

(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 or social 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 connection therewith;

(Ord. 984; Code 2014)

5-404 Exemptions.

Nothing in this ordinance shall prohibit a religious organization, association or society or any non-profit 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 when it owns or 0perates for other than a 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 lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to the members or from giving preference to t the members.

(Ord. 966; Code 2014)

5-405 Administration.

Any person claiming to have been subject to any discriminatory practice as defined by this ordinance may file a complaint by appearing before the Governing Body of the City of Marion, hereinafter referred to as the City Council, and furnishing such information as required by the City Council. Any complaint must be filed with the City Council within One hundred eighty (180) days of the alleged incident.

The City Council shall refer to the appropriate local agency any complaint filed under this act which appears to constitute a violation of such local fair housing ordinance. That said appointed local agency is the Marion Local Housing Authority Members are appointed to said board by the governing body of the City of Marion. Further, that anyone that desires to contact the Chairman of the Marion Local Housing Authority, may contact the City Clerk of Marion for that information. The Council shall take no further action with respect to such complaint until 30 days have elapsed since ‘the complaint was referred to the local agency, or the local agency has completed its investigation, or the local agency requests the Council to assume Jurisdiction or’ to assist it, whichever occurs first.

The local agency investigating the complaint shall notify the person against whom the complaint is made as soon as the investigation is started. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time~ The local agency shall inform the City Council in writing of the status of the referred complaint at the end of the referral period or when the local agency has completed its investigation, or the local agency requests the commission to assume Jurisdiction or to assist, whichever occurs first.

If after the investigation the local agency has found no merit to the complaint, the City Council shall dismiss the complaint. If the local agency finds the complaint to have merit, the City Council shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

If the City Council is unable to eliminate the alleged discriminatory practice by a conference and conciliation, the City Council shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.

(Ord. 984; Code 2014)

5-406 Enforcement.

(a)Any person convicted of a violation of this ordinance shall be punished by a fine of not more than $250.00.

(b)The City Attorney may file a complaint in the municipal Court of said City, or as an alternative remedy, may seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate District Court of the State of Kansas.

(Ord. 966; Code 2014)

5-407 Severability.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of the Ordinance which will remain in full force and affect.

(Ord. 966; Code 2014)