8080 Housing DiscriminationCONSOLIDATED-SALINA
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ORDINANCE NUMBER 8080
(Published in The Salina Journal ,60 rj �C� 1970)
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AN ORDINANCE prohibiting discrimination in the sale, purchase, lease, rental or financing
of housing and accommodations and real property; providing definitions; and prescribing
procedures for implementation and enforcement thereof.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. PURPOSE. The purpose of this ordinance is to provide for the general
welfare of the citizens of Salina by declaring discriminatory practices in the rental,
leasing, sale, financing or showing and advertising of dwelling units, commercial units or
real property to be against public policy, and to provide for the prevention thereof.
Section 2. PUBLIC POLICY. It is hereby declared that discriminatory practices
as defined in Section 4 of this ordinance are against the public policy of the City of
Salina, Kansas, and are hereby prohibited and declared to be unlawful acts.
Section 3. DEFINITIONS. For the purpose of this ordinance, the following terms,
phrases, words and their derivations shall have the meaning given herein unless the context
otherwise indicates.
(A) The word "person" shall include one or more individuals, partnerships,
associations, organizations, corporations, legal representatives, trustees, trustees in
bankruptcy, or receivers.
(B) The phrases, "unlawful discriminatory housing practice", "discrimination"
or "discriminate", shall mean any discrimination or segregation or separation against any
person or group of persons because of race, color, national origin or ancestry, and shall
include only those unlawful practices and acts as set forth in Section 4 of the ordinance.
(C) The word "owner" shall mean and include the owner, lessee, sublessee,
assignee, manager, agent, or other person, firm or corporation, having the right to sell,
rent or lease any housing accommodation or real property within the corporate limits of
the city.
(D) The term "real estate broker" shall mean any person who, for a fee or
other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or
attempts to negotiate the sale, purchase, exchange or rental of housing accommodations of
real property of another person.
(E) The term "real estate salesman or agent" shall mean any person employed
by a real estate broker to perform, or to assist in the performance of, any or all of the
functions of a real estate broker.
(F) The term "financial institution" shall mean any person regularly engaged
in the business of lending money or guaranteeing loans on housing accommodations or real
property.
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(G) The term "real property" shall include all real estate, leaseholds, and
any vacant land offered for sale or rent.
(H) The term "housing accommodations" shall mean:
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(1) Any building or portion thereof, whether such building
or portion is constructed or is to be constructed,
which is used or intended for use as the residence or
sleeping place of one or more persons.
(2) The term "housing accommodations" shall not mean or include:
(a) The rental of a dwelling, or a portion thereof,
containing accommodations for no more than two
families, one of which is occupied by the owner
or his family at the time of rental.
(b) The rental of less than four rooms in a one -
family dwelling to another person or persons
by the owner or occupant of such accommodations
in which he or members of his family reside.
(I) The term "commission" shall mean the Salina Community Relations Commission.
(J) The term "chairman" shall mean the chairman of the Salina Community Relations
Commission.
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(K) The term "executive director" shall mean the executive director of the
Salina Community Relations Commission.
(L) The term "complainant" shall mean any person claiming to be aggrieved by
any unlawful discriminatory housing practice.
(M) The term "respondent" shall mean any person alleged to have committed any
unlawful discriminatory housing practice.
Section 4. UNLAWFUL DISCRIMINATORY HOUSING PRACTICES. It shall be an unlawful
discriminatory housing practice:
(A) For the owner, real estate broker, real estate salesman, or employee or
agent thereof:
(1) To refuse to sell, rent, assign, lease or sublease,
or offer for sale, rental, lease, assignment, or
sublease any real property or part or portion thereof
to any person or to refuse to negotiate for the sale,
rental, lease, assignment, or sublease when in fact
it is so available, or otherwise to deny or withhold
any housing accommodations or real property or any
part or portion thereof to or from any person.
(2) To discriminate againstany person in the terms, con-
ditions, or privileges of the sale, rental, lease,
assignment, or sublease of any housing accommodations
or real property or part or portion thereof or in
the furnishing of facilities or services in connection
therewith, or to require any person to discriminate
against any other person in the use or occupancy of
such housing accommodations; or
(3) To print, publish, circulate, issue, display, post
or mail, or cause to be printed, published, cir-
culated, issued, displayed, posted or mailed, any
statement, advertisement, publication, or sign or
to use any form of application for the purchase,
rental, lease, assignment, or sublease of any
housing accommodations or real property or part or
portion thereof or to make any record or inquiry in
connection with the prospective purchase, rental,
lease, 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
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as to any person or any intent to make any such
limitation, specification or discrimination. The
production of any such statement, advertisement,
publicity, sign form of application or record
purporting to be made by any such person shall
be prima facie evidence in any action that the
same was authorized by such person.
(B) For any person or financial institution to which application is made for
financial assistance for the purchase, acquisition or construction of any housing accommo-
dations or real property or part or portion thereof or any agent employee thereof:
(1) To discriminate against any person or prospective
occupants or tenants of such housing accommoda-
tions or real property or part or portion thereof,
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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 service in connec-
tion therewith; or
(2) To use any form of application for such financial
assistance or to make any record or inquiry in
connection with applications for such financial
assistance which expresses, directly or indirectly,
any limitation, specification or discrimination as
to race, color, creed, national origin, or ancestry,
or any intent to make any such limitation, speci-
fication or discrimination.
(C) For any person, owner, real estate broker, real estate salesman, or
agent thereof:
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(1) To directly or indirectly solicit the sale, lease,
or the listing for sale or lease, of housing
accommodations or real property on the ground of
imminent, or prospective entry into the neighbor-
hood of a person or persons of a particular race,
color, creed, national origin or ancestry, or use
such fact or suspicion as a sales or listing induc-
ment or stimulant, or to distribute or cause to be
distributed material or make statements designed to
induce a property owner to sell or lease his property
due to such fact, suspicion or imminent change in
neighborhood.
(2) To engage in any form of threats or reprisal, or to
engage in, or hire, or conspire with others to commit
acts or activities of any nature, the purpose of which
is to harass, degrade, embarrass, or to cause physical
harm or economic loss to any person attempting to
exercise or enforce the rights protected by the ordi-
nance; to aid, abet, incite, compel or coerce any
person to engage in any of the unlawful discriminatory
housing practices defined in this ordinance.
(D) For any person, owner, real estate broker, real estate salesman, or
agent
thereof to knowingly sell, rent, assign, lease or sublease any housing accommodation
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or
real property which has been withheld from any person in violation of this ordinance,
prior
to the satisfactory adjustment of the matter with the commission or the complainant,
or the
jdisposition of the matter in court.
Section 5. ADMINISTRATION OF THE ORDINANCE. The Community Relations Commission
of the City of Salina, Kansas, shall be the administrative agency of this ordinance.
It
shall have the power and it shall be its duty to:
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(A) Initiate, receive, investigate and seek the satisfactory adjustment of
complaints charging unlawful housing practices as set forth in this ordinance.
(B) Hold public hearings, administer oaths, take the testimony of any person
under oath, receive evidence relating to any matter under investigation or any question
before the commission, make findings of fact, issue orders and publish such findings of
fact and orders and do all other things necessary and proper for the enforcement of this
ordinance. The commission may, at the request of the complainant, the respondent, or upon
its own motion, issue process to compel the attendance and testimony of any person, and
require the production of books, papers or any other evidence relating to any matter under
investigation, such process may be served by any commissioner or his designate, and shall
be enforced by the City of Salina Municipal Court.
(C) Request other departments, boards and commissions of the city government
to assist in the performance of its duties under this ordinance, and it shall be the re-
sponsibility of each department, agency and employee of the city to see that this ordinance
is complied with and to ascertain to the best of his or its ability that each person with
whom the city has any contract has not violated this chapter. No such department or agency
shall issue any license or permit or engage in any transaction whatsoever on the part of
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the city with any person who is violating the provisions of this ordinance. It shall be
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the duty of the commission to send appropriate notice of this provision and of all viola-
tions of this ordinance to each such department or agency of the city.
(D) Adopt such rules and regulations as may be necessary to carry out the
purposes and provisions of this ordinance.
Section 6. PROCEDURE FOR PROCESSING COMPLAINTS.
(A) Any complainant may on his own behalf, or by his attorney, make, sign and
file with the commission a complaint in writing, under oath, which shall state the name and
address of the respondent. Said complaint shall set forth the particulars thereof and con-
tain such other information as may be required by the community relations commission.
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(B) Alternatively, the commission may issue, in like manner, a verified complaint
of an alleged unlawful discriminatory housing practice.
(C) Any complaint filed pursuant to this section must be filed with the commis-
sion within fifteen (15) days after the date of the alleged incident. The commission or the
complainant shall have the power to amend any complaint.
(D) In the event of a complaint being filed pursuant to this section, a true
copy of such complaint shall be personally served by a commissioner or his designate upon
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the respondent, or shall forthwith be transmitted by certified United States mail, postage
prepaid, addressed to the respondent.
(E) Upon the filing of a complaint, the commission shall designate one of its
members or the executive director to make, with the assistance of the commission staff, a
prompt and full investigation of the unlawful discriminatory housing practice alleged. A
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report to the commission of the findings of such investigation shall be made within fifteen
(15) days after original receipt of such complaint by the commission, provided that for
good cause shown, the chairman may grant an additional period of time not to exceed fifteen
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(15) days to make findings.
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(F) If it is determined, after investigation, that no probable cause exists
for such complaint, the complainant and the respondent shall forthwith be notified in
writing of such determination.
(G) In the event the complainant is not satisfied with the findings of no
probable cause, he may, within five (5) days from the receipt of said notice, so notify the
commission and the respondent in writing. Upon receipt thereof, the chairman shall within
five (5) days designate three (3) commissioners as a reviewing board to hear said complain-
ant; such hearing to be held after reasonable notice to all parties of the time and place
thereof.
(1) If the reviewing board finds no probable cause
for crediting the allegations of the complaint,
the case shall be closed and the report thereof
shall be filed with the Commission, and a copy
forwarded to the complainant and respondent.
(2) In the event the reviewing board finds probable
cause for crediting the allegations, the Board
shall direct the investigating commissioner to
proceed with conciliation and persuasion as pro-
vided for herein.
(H) If after investigation, it is determined that probable cause exists for
crediting the allegations of the complaint, the investigating commissioner, if one has been
appointed, or the executive director shall immediately endeavor to eliminate the unlawful
discriminatory housing practice by means of conciliation and persuasion. The commission
shall not make public the details of such conciliatory proceedings, but it may publish the
terms of any conciliation agreement.
(I) If the commission determines that a housing accommodation or housing
accommodations involved in a complaint of an unlawful housing practice may be sold, rented
or otherwise disposed of, before a determination of the case has been made, and the com-
mission believes that there is probable cause for the complaint, the commission may direct
the city attorney to seek an injunction restraining the sale, rental or other disposition
of the housing accommodation or housing accommodations.
(J) In the event of failure to eliminate an unlawful discriminatory housing
practice by means of conciliation and persuasion, or in advance thereof, if in the judgment
of the commission the facts so warrant, the commission may hold a public hearing to determine
whether or not an unlawful practice has been committed or, without holding such a hearing,
certify the case to the city attorney in accordance with subparagraph M of this ordinance.
(K) When a public hearing is ordered, the commission shall designate one or
more members to conduct such a hearing, not to include the investigating commissioner if
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one has been appointed. The commission shall serve upon the person charged with having
engaged in the unlawful practice, a statement of the charges made in the complaint or amended
complaint and a notice of the time and place of the hearing. The hearing shall be held not
less than ten (10) days after the service of the statement of charges.
The respondent shall have the right to file an answer to the statement of
charges, to appear at the hearing in person or to be represented by an attorney, or, subject
to the approval of the hearing panel, by any other person, and to examine and cross-examine
witnesses. The complainant shall also have the right to be represented by an attorney, or
subject to the approval of the hearing panel, by any other person. The testimony taken at
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the hearing shall be under oath and may be transcribed.
(L) If upon all the evidence presented, the commission finds that the respon-
dent has not engaged in any unlawful practice, it shall state its findings of fact in
writing and dismiss the complaint. If upon all the evidence presented, the commission
finds that the respondent has engaged or is engaging in an unlawful practice, it shall state
its findings of fact in writing and shall issue such order in writing as the facts warrant
to effectuate the purpose of this ordinance. Such order may require the respondent to cease
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and desist from such unlawful practice and to take such affirmative action as, in the judg-
ment of the commission, will effectuate the purposes of this ordinance, including a require-
ment for a report or reports of the manner of compliance. Copies of the order shall be sent
to all parties by certified United States mail, postage prepaid.
(M) In the event the respondent refuses or fails to comply with any order of
the commission or violates any of the provisions of this ordinance, the commission shall
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certify the case and the entire record of its proceedings to the city attorney, who shall
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invoke the aid of an appropriate court to secure enforcement or compliance with the order
or to impose the penalties set forth below, or both.
Section 7. PENALTIES. Any person violating any of the provisions of this ordi-
nance or any rule or regulation pertaining thereto adopted by the commission, or any order
of the commission, shall be deemed guilty of a misdeameanor for each such violation and
upon conviction thereof may be fined in an amount of not more than One Hundred ($100.00)
Dollars or by imprisonment for a period not exceeding thirty (30) days, or by such fine and
imprisonment, at the discretion of the court. Each day any violation of this ordinance
continues shall constitute a separate offense.
Section 8. SEVERABILITY. If any section of this ordinance be held to be unconsti-
tutional or otherwise invalid by any court of competent jurisdiction, then such section
shall be considered separately and apart from the remaining provisions of this ordinance,
said section to be completely separable from the remaining provisions of this ordinance
which shall remain in full force and effect.
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Section 9. This ordinance shall take effect and be in force from and after its
passage, approval and publication in the official city newspaper.
Introduced: April 13, 1970
Passed: April 20, 1970
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Mayor
(SEAL)
Attest:
S'�//a_�
City Clerk