589_00001ORDINANCE No.589
AN ORDINANCE DEFINING AND PROHIBITING UNFAIR
HOUSING PRACTICES IN THE SALE,OFFERING FORSALE,RENTAL,OFFERING FOR RENTAL,AND FINANCINGOFHOUSINGACCOMODATIONS;DEFINING OFFENSES
AND PRESCRIBING PENALTIES THEREFOR
THE CITY COUNCIL OF THE CITY OF MOSES LAKE DOES ORDAIN AS FOLLOWS:
Section 1.Definitions
As used in this ordinance,terms shall be given the following meanings:
(1)"Housing Accomodations"shall include any dwelling,or
dwelling unit,rooming unit,rooming house,lot or parcel of land in the
City of Moses Lake,which is intended to be used,or arranged or designed
to be used for residential purposes for one or more human beings.
(2)"Dwelling"includes any building containing one or more
dwelling units .
(3)"Dwelling Unit"includes a suite or rooms for occupancy by
one family containing space for living,sleeping,and preparation of food,and
containing toilet and bathing facilities .
(4)"Rooming Unit"includes one or more rooms within a dwelling unitiorroominghousecontainingspaceforlivingandsleeping.
(5)"Person"includes one or more individuals,partnerships,or
other organizations,trade or professional association,corporations,legal
representatives,trustees,trustees in bankruptcy,and receivers.
(6)"Owners"include persons who own,lease,sublease,rent,
operate ,manage,have charge of,control,or have the right of ownership,
possession,management,charge of,or control of the housing accomodation,
on their own behalf or on behalf of another.
(7)"Owner in Title"shall mean the owner in title or the purchaser
under a real estate contract having the right to sell,rent or lease any housing
unit which is a part of such housing accomodation.
(8)"Occupant"includes any person who has established residence
or has the right to occupancy in a housing accomodation.
(9)"Prospective Occupant"includes any person who seeks toIpurchase,lease,sublease or rent a housing accomodation.
(10)"Real Estate Broker"includes any person who,for a fee,
commission,or other valuable consideration,lists for sale,sells,purchases,ex
changes,leases or subleases,rents,or negotiates or offers or attempts to
negotiate the sale,purchase,exchange,lease,sublease or rental of a housing
accomodation of another,or holds himself out as engaged in the business of
selling,purchasing,exchanging,listing,leasing,subleasing,or renting
of a housing accomodation of another,or collects the rental for the use of a
housing accomodation of another.
Ordinance No.589:2
(11)"Real Estate Agent,Salesman,or Employee"includes any
person employed by or associated with a real estate broker to perform or assist
in the performance of any or all the functions of a real estate broker above
defined .
(12)"Lender"includes any bank,insurance company,savings or
building and lonaenna aw lycrr
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the financing or acquisition,construction,repair,or maintenance of a housing
accomodation.
(13)"Prospective Borrower"includes any person who seeks to borrow
money to finance the acquisition,construction,repair,or maintenance of a
housing accomodation.
(14)"Unfair Housing Practice"means any act prohibited by this
ordinance.
(15)"Complainant"means any person against whom any alleged
unfair housing practice has been committed.
(16)"Respondent"means any person who is alleged to have
committed an unfair housing practice.
(17)"Commission"means the Moses .ake Inter-Racial Commission for
Human Rights establishedaby Orhdeinanceo Mos5eMs
Lake,Washington.
Section 2.Unfair Housing Practices
Unfair housing practices as hereinafter defined in the sale and offering for sale
and in the rental and offering for rent of housing accomodations are contrary to the
public peace ,health,safety and general welfare and are hereby prohibited by the
City of Moses Lake in the exercise of its police power.
Section 3.Unfair Housing Practices of Owner,Lessee,Managing Agent of
Assignee
No owner,lessee,managing agent,or assignee shall,because of the race,
color,religion,or national origin of an occupant or prospective occupant,purchaser
or prospective purchaser:
(1)Refuse to sell,lease,rent,or sublease a housing accomodation
to a prospective occupant.
i (2)Expel or evict an occupant from a housing accomodation.
(3)Discriminate against an occupant or prospective occupant in the
price,terms,conditions,or privileges of sale,lease,rent or sublease,or
occupancy of a housing accomodation or in the furnishing of any related
facilities or service .
Section 4.Unfair Housing Practices of Real Estate Broker,Agent,Salesman
or Employee.
No real estate broker,agent,salesman,or employee shall,because of race,
Ordinance No.589:3
color,religion,or national origin of an occupant,purchaser,prospective
occupant,or prospective purchaser:
(1)Refuse or intentionally fail to list a housing accomodation for
sale,lease,rent or sublease.
(2)Refuse or intentionally fail to show to a prospective occupant
the housing accomodation listed for sale,lease,rent or sublease.
(3)Refuse or intentionally fail to transmit to an owner any
reasonable offer to purchase,lease,rent or sublease a housing accomodation.
(4)Otherwise discriminate against an occupant,prospective
occupant,purchaser,or prospective purchaser of a housing accomodation.
Section 5.Unfair Housing Practices of Lender.
No lender shall,because of race,color,religion,or national origin of a
borrower,or prospective borrower:
(1)Deny to a prospective borrower a loan for the acquisition,con-
struction,repair,or maintenance of a housing accomodation.
(2)Discriminate against a borrower or prospective borrower in the
terms,conditions,or privileges of such a loan.
I
Section 6.Unfair Housing Practices of Owner,Real Estate Broker,Agent,
Salesman,Employee or Lender.
No owner,real estate broker,agent,salesman,employee or lender shall:
(1)Require any information,make or keep any record,or use any
form or application containing questions or entries concerning race,color,
religion,or national origin in connection with the sale,lease,rent,or sublease
of any housing accomodation,except as required by Federal regulations .
(2)Post,publish,circulate,or cause to be posted,published,or
circulated any notice,statement,or advertisement which relates to the sale,
lease,rent,or sublease,acquisition or financing of any housing accomodation
which indicates directly or indirectly a preference,limitation,specification or
discrimination,based on race,color,religion or national origin.
(3)Discriminate against a person in any manner because he has
complied or proposes to comply with the provisions of this ordinance or has
filed a complaint,testified,or assisted in any proceeding under this ordinance.
I Section 7.Exclusions
Nothing in this ordinance shall:
(1)Apply to any single family dwelling sold or rented by its owner
if such dwelling is sold or rented without the use in any manner of the sales or
rental services or facilities of any person or the employee thereof in the business
of selling or renting dwellings and without publication,posting or mailing of any
advertising or written notice.
Ordinance No.589:4
Section 8.Enforcement Procedures.
(1)A statement alleging a violation of this ordinance may be made
by the Commission itself or by a complainant.Such statement shall be in
writing and signed by the charging party,shall be filed with the Commission
within sixty (60)days after the alleged discriminatory act,and shall contain
particulars of the alleged discriminatory act.The Commission shall promptly
furnish a copy of such statement to the respondent.
(2)The Commission shall investigage all charges filed with it.
If,after inquiry or hearing,the Commission determines that no probable cause
exists to believe that an unfair housing practice has occurred,the charge shall
be dismissed.Hearing proceedings shall be informal.
(3)If the Commission determines,after inquiry or hearing,that
probable cause exists to believe that an unfair housing practice has occurred,
it shall endeavor to eliminate or remedy such violation by means of conciliation
and persuasion.
(4)If,after hearing,a majority of the Commission finds that the
respondent has engaged in an unfair practice which cannot be remedied by
conciliation,then the Commission records and recommendations shall be
forwarded to the City Attorney for appropriate action.
i (5)The Commission,in the performance of its functions,may,
through the City Manager,request the aid of city departments.
Section 9.Rules.
The Commission may adopt such rules and regulations for carrying out the
provisions of this Ordinance as it deems necessary,not inconsistent with the
provisions of this ordinance.Copies thereof shall be filed with the City Clerk
and made available to the public on request.
Section 10.Blockbusting Forbidden.
No person shall,for the purpose of inducing a real estate transaction from
which he,or any one whom he represents,may benefit financially:
(1)Represent that a change has occurred,or will or may occur,in
the composition with respect to race,color,religion,or national origin of the
owners or occupants in the block,neighborhood,or area in which the real
property is located.1 (2)Represent that this change will or may result in the lowering
of property values,an increase in criminal or anti-social behavior,or a
decline in the quality of schools in the block neighborhood,or area in which
the real property is located.
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Section 11.Turisdiction.
The provisions of this ordinance shall be applicable to the corporate limits
of the City of Moses Lake.
Section 12,Penalty
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of any provisions thereof,upon conviction,shall be deemed guilty of a misdeameanor
and be subject to a fine of not more than Three Hundred ($300.00)Dollars or a jail
sentence of not more than ninety (90)days,or both suchfine and imprisonment.
Continuance of such an unfair housing practice on any day or days during the pen-
dency of any appeal from any such conviction shall not constitute an additional
offense under this ordinance.
Section 13.Validity.
Should any section,sub-section,paragraph,sentence,clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 14.Effective Date.
This Ordinance shall be in full force and effect five (5)days from and after
i its passage,approval and legal publication as provided by law.
PASSED by the City Council and APPROVED by its Mayor this 22nd day of
October,1968.
May
ATTEST:
ity Clerk ¿Ÿ
APPROVED AS TO FORM:
y Attorney