HomeMy Public PortalAboutORD-CC-2010-23ORDINANCE #2010-23
AN ORDINANCE ENACTING CHAPTER 9.36 OF THE MOAB MUNICIPAL
CODE REGARDING UNLAWFUL DISCRIMINATORY HOUSING PRACTICES
BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY
WHEREAS, Moab comprises many diverse groups, communities and individuals, and the
City of Moab values this diversity; and
WHEREAS, the City of Moab has determined that discriminatory practices can impede the
social and economic progress of the City by preventing all people from contributing to or
fully participating in the cultural, spiritual, social and commercial life of the community,
which is essential to the growth and vitality of the City's neighborhoods and businesses;
and
WHEREAS, the Utah Fair Housing Act Utah Code Section 57-21-1 et seq. addresses
housing -related discrimination based on race; color; religion; sex; national origin; familial
status; source of income; or disability, but does not address housing -related discrimination
based on sexual orientation or gender identity; and
WHEREAS, Utah Code Annotated section 10-8-84(1) grants the City of Moab the power
to "provide for the safety" "promote the prosperity ... and comfort and convenience" of
"the city and its inhabitants"; and
NOW, THEREFORE, the City Council of the City of Moab does hereby ordain as follows:
That Chapter 9.36, Moab Municipal Code, pertaining to discrimination in housing
practices based upon sexual orientation and gender identity, is enacted to read as follows:
CHAPTER 9.36
HOUSING DISCRIMINATION
Sections:
09.36.010 Purpose
09.36.020 Administration
09.36.030 No Private Right of Action; No Special Rights
09.36.040 Severability
09.36.050 Definitions
09.36.060 Applicability
09.36.070 Unlawful Housing Practices
09.36.080 Unlawful Intimidation and Retaliation
09.36.090 Procedures for Filing Complaints
09.36.100 Investigation
09.36.110 Conciliation
09.36.120 Disposition of a Complaint
09.36.130 Offenses and Penalties
Ordinance #2010-23 1
09.36.010 Purpose
The purpose of this Chapter is to ensure that every person within the City has the
right to seek housing without undue discrimination. Discriminatory housing practices can
be detrimental because they impede the social and economic progress of the City by
preventing all of the City's citizens from contributing to or fully participating in the
cultural, spiritual, social and commercial life of the community, which is essential to the
growth and vitality of the City's neighborhoods and businesses. While the Utah Fair
Housing Act, Utah Code Section, 57-21-1 et seq., addresses housing related discrimination
based on race; color; religion; sex; national origin; familial status; source of income; and
disability, it does not address discrimination based on sexual orientation or gender identity.
It is further the purpose of this Chapter to provide a clear and comprehensive mandate for
the prevention and elimination of discrimination in housing in the City against individuals
based upon sexual orientation or gender identity and this Chapter shall be liberally
construed to achieve that purpose.
09.36.020 Administration
The City Manager is responsible for administering and implementing this Chapter.
09.36.030 No Private Right of Action; No Special Rights
This Chapter does not create a private cause of action, nor does it create any right
or remedy that is the same or substantially equivalent to the remedies provided under
federal or state law. This Chapter does not create any special rights or privileges which
would not be available to all of the City's citizens because every person has a sexual
orientation and a gender identity.
09.36.040 Severability
If any section, sentence, paragraph, term, definition or provision of this Chapter is
for any reason determined to be illegal, invalid, superseded by other authority or
unconstitutional by any court of competent jurisdiction or by any state or federal regulatory
authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and
independent provision and such determination shall have no effect on the validity of any
other section, sentence, paragraph, term, definition or provision of this chapter, all of
which will remain in full force and effect.
09.36.050 Definitions
In this Chapter:
A. CITY means all area within the incorporated city limits of the City of
Moab, Utah.
B. CITY ATTORNEY means the duly appointed City Attorney.
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C. CITY OF MOAB means the City of Moab as a corporate entity.
D. CITY MANAGER means the duly appointed City Manager.
E. CITY PROSECUTOR means the duly appointed City Prosecutor.
F. COMPLAINANT means a person, including the City Manager, who files a
complaint under this chapter.
G. CONCILIATION means the attempted resolution of issues raised in a
complaint filed under this chapter, or raised in the investigation of the complaint, through
informal negotiations involving the Complainant, the Respondent, and the City Manager.
H. CONCILIATION AGREEMENT means a written agreement setting forth
the resolution of issues by conciliation under this chapter.
I. DISCRIMINATION means any direct or indirect exclusion, distinction,
segregation, limitation, refusal, denial, or other differentiation in the treatment of a person
or persons because of a person's actual or perceived sexual orientation or gender identity
or because of a person's association with any such person. Discrimination shall not be
interpreted to require or to grant or accord preferential treatment to any person because of
that person's sexual orientation or gender identity.
J. DWELLING means any building or structure, or a portion of a building or
structure, occupied as, or designed or intended for occupancy as, a residence of one or
more families inside the City and vacant land that is offered for sale or lease for the
construction or location of a dwelling inside the City.
K. GENDER IDENTITY means a person's actual or perceived gender identity,
appearance, mannerisms, or other characteristics of a person with or without regard to the
person's sex at birth.
L. PERSON includes one or more individuals, corporations, limited liability
companies, partnerships, associations, labor organizations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in
cases under the United States Bankruptcy Code, receivers, and fiduciaries.
M. REAL ESTATE BROKER or SALESPERSON means a principal real
estate broker, an associate real estate broker, or a real estate sales agent as those terms are
defined in Utah Code Section 61-2-2 or any successor provision.
N. RELIGIOUS ORGANIZATION means a religious corporation, association,
educational institution, society, trust, or any entity or association which is a wholly owned
or controlled subsidiary or agency of any religious corporation, association, society, trust
or corporation sole.
O. RENT means to lease, sublease, let, or otherwise grant for a consideration
the right to occupy premises not owned by the occupant.
P. RESIDENTIAL REAL ESTATE RELATED TRANSACTION means the
making or purchasing loans or providing other financial assistance for purchasing,
constructing, improving, repairing, or maintaining a dwelling; or selling, brokering, or
appraising residential real property inside the City.
Q. RESPONDENT means a person identified in a complaint as having
committed an unlawful housing practice under this chapter.
R. SEXUAL ORIENTATION means a person's actual or perceived orientation
as heterosexual, homosexual, or bisexual.
S. UNLAWFUL PRACTICE means a discriminatory act or practice relating to
housing that is prohibited under this chapter.
Ordinance #2010-23 3
09.36.060 Applicability
This Chapter applies to housing practices within the corporate limits of the City of Moab.
This Chapter does not apply to a temporary or permanent residence facility operated by a
nonprofit organization; a charitable organization; or a person in conjunction with a
religious organization, association, or society, including any dormitory operated by a
public or private educational institution, if the discrimination is based on sexual
orientation or gender identity for reasons of personal modesty or privacy or in the
furtherance of a religious organization's sincerely held religious beliefs.
This Chapter does not prohibit or restrict a religious organization or any nonprofit
institution or organization operated, supervised, or controlled by or in conjunction with a
religious organization from limiting the sale, rental, or occupancy of dwellings it owns or
operates for primarily noncommercial purposes to persons of the same religion, or from
giving preference to such persons. This Chapter does not prohibit distinctions based on a
person's inability or failure to fulfill the terms and conditions, including financial
obligations, of a lease, rental agreement, contract of purchase or sale, mortgage, trust deed,
or other financing agreement.
This Chapter does not apply to: 1) the United States government, any of its departments or
agencies, or any corporation wholly owned by it; or 2) the government of the State of Utah
or any of its departments, agencies, or political subdivision, except for the City and Grand
County.
09.36.070 Unlawful Housing Practices
A. 1t is a discriminatory housing practice to do any of the following:
1. refuse to sell or rent after the making of a bona fide offer, refuse to
negotiate for the sale or rental, or otherwise deny or make
unavailable any dwelling from any person because of the person's
sexual orientation or gender identity;
2. discriminate against any person in the terms, conditions, or
privileges of the sale or rental of any dwelling or in providing
facilities or services in connection with the dwelling because of the
person's sexual orientation or gender identity;
3. represent to any person that any dwelling is not available for
inspection, sale, or rental when in fact the dwelling is available;
4. to make a representation orally or in writing or make, print,
circulate, publish, post, or cause to be made, printed, circulated,
published, or posted any notice, statement, or advertisement, or to
use any application form for the sale or rental of a dwelling, that
directly or indirectly expresses any preference, limitation, or
discrimination based on sexual orientation or gender identity, or
expresses any intent to make any such preference, limitation, or
discrimination;
Ordinance #2010-23 4
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5. to induce or attempt to induce, for profit, any person to buy, sell, or
rent any dwelling by making representations about the entry or
prospective entry into the neighborhood of persons of a particular
sexual orientation or gender identity;
6. engage in any discriminatory housing practices because of sexual
orientation or gender identity based upon a person's association with
another person.
B. It is a discriminatory housing practice for a real estate broker or salesperson
to do any of the following because of a person's sexual orientation or gender identity:
1. to discriminate against any person in making available a residential
real estate transaction, or in the terms or conditions of the
transaction, inside the City, because of a person's sexual orientation
or gender identity;
2, to deny any person access to, or membership or participation in, any
multiple -listing service, real estate brokers' organization, or other
service, organization, or facility relating to the business of selling or
renting dwellings inside the City or to discriminate against any
person in the terms or conditions of access, membership, or
participation in the organization, service, or facility inside the City
because of a person's sexual orientation or gender identity; or
3. engage in any discriminatory housing practices inside the City
because of sexual orientation or gender identity based upon a
person's association with another person.
C. Exceptions. This Chapter does not apply to the following:
1. The sale or rental of any single-family dwelling, if the owner:
(i) Owns an interest in fewer than five single-family dwellings
held for lease or sale at one time located inside the City;
(ii) has sold fewer than three single-family dwellings inside the
City in which the owner resided in the dwelling within the
24-month period preceding the sale or rental of the dwelling;
and
(iii) does not use the services or facilities of any real estate
broker, agent, or salesperson, or of any other person in the
business of selling or renting dwellings, in connection with
the sale or rental of the dwelling inside the City.
2. The rental of a dwelling, when the owner actually maintains and
occupies part of the dwelling as a residence.
3. Nothing in this section prohibits conduct against a person because of the
person's conviction by a court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance under state or
federal law.
Ordinance #2010-23 5
09.36.080 Unlawful Intimidation and Retaliation
It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or
otherwise penalize another person for opposing an unlawful practice, for filing a
complaint, or for testifying, assisting, or participating in any manner in an investigation,
proceeding, or hearing under this Chapter.
09.36.090 Procedures for Filing Complaints
A. Any person who claims to have been injured by an unlawful housing
practice may file a complaint with the City Manager. A complaint may also be filed by the
City Manager if the City Manager has reasonable cause to believe that a person has
committed an unlawful housing practice. A complaint must be filed within 180 calendar
days after an alleged unlawful housing practice has occurred.
B. A complaint must be in writing on a form provided by the City Manager,
made under oath or affirmation, and contain the following information:
1. The Complainant's name, address, and signature;
2. The date the alleged unlawful housing practice occurred;
3. A statement of the facts' upon which the allegation of an unlawful
practice are based; and
4. The Respondent's name and address.
C. Within ten days after the filing of a complaint, the City Manager shall:
1. Provide the Respondent named in the complaint written notice that a
complaint alleging the commission of an unlawful housing practice has
been filed against the Respondent;
2. Furnish a copy of the complaint to the Respondent; and
3. Advise the Respondent of the Respondent's procedural rights and
obligations, including the right to file a written, signed, and verified
informal answer to the complaint within 15 days after service of notice
of the complaint.
D. Not later than the 15th day after service of the notice and copy of the
complaint, a Respondent may file an answer to the complaint. The answer must be in
writing, made under oath or affirmation, and contain the following information:
1. The Respondent's name, address, telephone number, and signature of
the Respondent or the Respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the
complaint, including facts of any defense or exception.
Ordinance #2010-23 6
09.36.100 Investigation
A. Upon the filing of a complaint, the City Manager shall commence an
investigation to determine the facts behind the complaint and whether there is reasonable
cause to believe the Respondent committed an unlawful housing practice, except that no
investigation may commence if, after reviewing the allegations of the complaint, the City
Manager determines that the complaint does not come within the scope of this chapter.
Upon determining that a particular complaint does not come within the scope of this
chapter, the City Manager shall dismiss the complaint, notify the Complainant and the
Respondent and take no further action. In connection with any investigation of a complaint
filed under this chapter, the City Manager shall seek the voluntary cooperation of any
person to:
1. Obtain access to premises, records, documents, individuals, and any
other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably
necessary for the furtherance of the investigation.
B. The City Manager may request a subpoena duces tecum to compel the
attendance of a witness or the production of relevant materials or documents. The City
Manager may dismiss a complaint during the investigation and prior to referral to the City
Prosecutor if the City Manager determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful housing practice is not within the
City's jurisdiction;
3. The alleged unlawful housing practice is not a violation of this chapter;
4. The Complainant refuses to cooperate with the City Manager in the
investigation of the complaint or enforcement of an executed
conciliation agreement;
5. The Complainant cannot be located after the City Manager has
performed a reasonable search;
6. A conciliation agreement has been executed by the Complainant and
Respondent.
7. The Complainant withdraws the complaint by written notice to the City
Manager.
09.36.110 Conciliation
A. During or after the investigation, but subsequent to the mailing of the notice
of the complaint to the Respondent, the City Manager shall, if it appears that the
Respondent has committed an unlawful housing practice, attempt to conciliate the
complaint. In conciliating a complaint, the City Manager shall try to achieve a just
resolution and obtain assurances that the Respondent will satisfactorily remedy any
violation of the Complainant's rights and take action to ensure the elimination of both
present and future unlawful housing practices. A conciliation agreement may include:
sensitivity training for the Respondent and/or the Respondent's employees; the
Ordinance #2010-23 7
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Respondent's agreement to adopt and pursue a policy of non-discrimination in its
practices; and/or the Respondent's agreement to not engage in discriminatory practices in
the future.
B. A conciliation agreement executed under this section must be in writing in a
form approved by the City Attorney and must be signed and verified by the Respondent
and the Complainant, subject to approval of the City Manager who shall indicate approval
by signing the agreement.
C. If a Respondent voluntarily enters into a conciliation agreement, the City
Manager shall immediately dismiss the complaint.
09.36.120 Disposition of a Complaint
If, upon completion of an investigation of a complaint, the City Manager determines that
an unlawful housing practice has occurred and is unable to secure an acceptable
conciliation agreement from the Respondent, then the City Manager shall file a report with
the City Prosecutor for review, issuance of an information, and the initiation of an action in
Justice Court.
09.36.130 Offenses and Penalties
A person violates this Chapter if the person intentionally or knowingly violates a provision
of this Chapter or if the person intentionally or knowingly obstructs or prevents
compliance with this Chapter. An offense committed under this Chapter by a Respondent
owning or operating twenty (20) or fewer dwellings is punishable by a fine of not more
than $500.00. An offense committed under this chapter by a Respondent owning or
operating twenty-one (21 ) or more dwellings or by a Real Estate Broker or Salesperson is
punishable by a fine of not more than $1,000.00.
This ordinance shall take effect on January 1, 2011.
PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open
session this 9'� day of NOV • , 2010.
ATTEST:
r,,,,f2a_e (-4,a,;,.
Rachel Ellison Dave Sakrison
Moab City Recorder
Mayor of Moab City
Ordinance #2010-23 8
CITY OF 'MOAB
ORDINANCE4201446, #2010-
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ORDINANCE #201.0.-08
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Proof of Publication
STATE OF UTAH,
County of Grand,
)
)
SS.
Zane W. Taylor, being first duly sworn accord-
ing to law, deposes and says: That he is the pubisher of
The Times -Independent, a weekly newspaper of general
circulation, published every Thursday at Moab, Grand
County, State of Utah, and a designated agent of the Utah
Press Association; that the notice attached hereto and
which is a copy of a
City of Moab
Ordinances
which is made a part of this Affidavit of Publication, was
published in said newspaper for a period of 1 consecu-
tive issues, the first publication date having been made
December 9, 2010
; and the last on
; and the said notice was published in each and every copy
of said newspaper during the period and time of publica-
tion, and that it was published in the newspaper proper
and not in a supplement thereof, and that said notice was
published on Utahlegals.com on the same day as the first
newspaper publication and the notice remained on Utah-
legals.com throughout the period and time of print pub-
lication.
Publisher
Subscribed and sworn before me this
Notary Public
Residing in Moab, Utah
My Commission Expires
SADIE WARNER
Notary Pub c Slate of Utah
My Commission Eapires on:
November 7, 20t3
Comm. Number- 581356