064 of 2009 - Enacting Chapter 10.05 relating to unlawful discriminatory housing practices based on sexual orienta 0 09=1
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SALT LAKE CITY ORDINANCE
NO. 64 of 2009
(Unlawful discrimination in housing practices based on sexual orientation
and gender identity)
An ordinance enacting Chapter 10.05 Salt Lake City Code, relating to unlawful
discriminatory housing practices based on sexual orientation or gender identity.
WHEREAS, Salt Lake City is comprised of diverse and varied groups,
communities and individuals;
WHEREAS, Salt Lake City values this diversity;
WHEREAS, the City Council concluded when it created the City's Human Rights
Commission(the "Commission") that discriminatory practices 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;
WHEREAS, the City Council created the Commission to advise the Council and
Mayor on nondiscrimination policy and authorized the Commission to make
recommendations on the best ways to improve human relations, to eliminate
discrimination and to secure full and equal participation based on the Commission's
research and factual data concerning the status and treatment of diverse populations;
WHEREAS, the Commission issued a comprehensive report on discrimination in
July 2009;
WHEREAS, the Commission recommended that the City adopt an ordinance
prohibiting discrimination in housing on the basis of race, ethnicity, national origin,
religion, age, gender, sexual orientation and gender identity and expression;
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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;
WHEREAS, the Council has previously concluded that discrimination based on
sexual orientation and gender identity are among the forms of discrimination that
adversely affect the general welfare of the City and the vitality of its neighborhoods;
WHEREAS, Utah Code Annotated section 10-8-84(1) grants Salt Lake City the
power to "provide for the safety" of and to "promote the prosperity . . . and comfort and
convenience" of"the city and its inhabitants;"
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That Chapter 10.05, Salt Lake City Code, pertaining to
discriminatory practices in housing based upon sexual orientation and gender identity, be
and the same hereby is, enacted to read as follow:
CHAPTER 10.05
HOUSING DISCRIMINATION
Sections:
10.05.010 Purpose
10.05.020 Administration
10.05.030 No Private Right of Action; No Special Rights
10.05.040 Severability
10.05.050 Definitions
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10.05.060 Exceptions
10.05.070 Unlawful Practices
10.05.080 Unlawful Intimidation, Retaliation, And Coercion
10.05.090 Procedures For Filing Complaints
10.05.100 Investigation
10.05.110 Conciliation
10.05.120 Disposition Of A Complaint
10.05.130 Offenses And Penalties
10.05.010 Purpose
Every individual in the City has the right to seek housing. Discriminatory
housing practices are 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.
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, but does not address discrimination based on
sexual orientation or gender identity.
The City has found that discrimination in housing on the basis of sexual
orientation and gender identity must be addressed. The denial or deprivation of access to
housing because of an individual's sexual orientation or gender identity is detrimental to
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the health, safety, and welfare of the City's citizens and damages the City's economic
well-being. The purpose of this chapter is 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.
10.05.020 Administration
The Mayor is responsible for administering and implementing this chapter.
10.05.030 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.
10.05.040 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
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validity of any other section, sentence, paragraph, term, definition or provision of this
chapter, all of which will remain in full force and effect.
10.05.050 Definitions
In this chapter:
A. ADMINISTRATOR means the person designated by the Mayor to
receive, investigate, and conciliate complaints under this chapter and includes the
Administrator's designated representatives.
B. CITY means the city of Salt Lake City, Utah.
C. CITY ATTORNEY means the duly appointed City Attorney.
D. COMPLAINANT means a person, including the Administrator, who files
a complaint under this chapter.
E. 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 Administrator.
F. CONCILIATION AGREEMENT means a written agreement setting forth
the resolution of issues by conciliation under this chapter.
G. 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.
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H. 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.
I. 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.
J. MAYOR means the duly elected or appointed and qualified Mayor of Salt
Lake City.
K. 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.
L. 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.
M. 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.
N. RENT means to lease, sublease, let, or otherwise grant for a consideration
the right to occupy premises not owned by the occupant.
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O. 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 secured by residential
real estate; or selling, brokering, or appraising residential real property inside the City.
P. RESPONDENT means a person identified in a complaint as having
committed an unlawful housing practice under this chapter.
Q. SEXUAL ORIENTATION means a person's actual or perceived
orientation as heterosexual, homosexual, or bisexual.
R. UNLAWFUL PRACTICE means a discriminatory act or practice relating
to housing that is prohibited under this chapter.
10.05.060 Exemptions
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.
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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.
10.05.070 Unlawful Housing Practices
A. It 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;
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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;
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;
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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) does not own an interest in or title to four or more single-
family dwellings held for lease or sale at one time located
inside the City;
(ii) has not sold two or more single-family dwellings inside the
City in which the owner did not reside 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
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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 that is occupied or intended to be occupied by
no more than four families living independently of each other, 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.
10.05.080 Unlawful Intimidation, Retaliation, And Coercion
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.
10.05.090 Procedures For Filing Complaints
A. Any person who claims to have been injured by an unlawful housing
practice may file a complaint with the Administrator. A complaint may also be filed by
the Administrator if the Administrator 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.
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B. A complaint must be in writing on a form provided by the Administrator,
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. Promptly after the filing of a complaint, the Administrator 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
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2. A concise statement of facts in response to the allegations in the
complaint, including facts of any defense or exception.
10.05.100 Investigation
A. , Upon the filing of a complaint, the Administrator 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
Administrator 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 Administrator shall dismiss the complaint, notify the Complainant and
the Respondent and take no further action.
B. In connection with any investigation of a complaint filed under this
chapter, the Administrator 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.
C. The Administrator may request the City Recorder to issue an executive
branch subpoena or subpoena duces tecum to compel the attendance of a witness or the
production of relevant materials or documents pursuant to Chapter 2.59 of the City Code.
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For purposes of Section 2.59.020A, the Administrator shall be deemed the Mayor's
designee.
D. The Administrator may dismiss a complaint during the investigation and
prior to referral to the City Attorney if the Administrator 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 Administrator in
the investigation of the complaint or enforcement of an
executed conciliation agreement;
5. the Complainant cannot be located after the Administrator has
performed a reasonable search; or
6. a conciliation agreement has been executed by the
Complainant and Respondent.
10.05.110 Conciliation
A. During or after the investigation, but subsequent to the mailing of the
notice of the complaint to the Respondent, the Administrator shall, if it appears that the
Respondent has committed an unlawful housing practice, attempt to conciliate the
complaint. In conciliating a complaint, the Administrator shall try to achieve a just
resolution and obtain assurances that the Respondent will satisfactorily remedy any
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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
Respondent's agreement to adopt and pursue a policy of non-discrimination in its
practices; and 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 Administrator who shall indicate
approval by signing the agreement.
C. If a Respondent voluntarily enters into a conciliation agreement, the
Administrator shall immediately dismiss the complaint.
10.05.120 Disposition Of A Complaint
A. If, upon completion of an investigation of a complaint, the Administrator
determines that an unlawful housing practice has occurred and is unable to secure an
acceptable conciliation agreement from the Respondent, then the Administrator shall
refer the case to the City Attorney. The Administrator shall refer the entire file to the
City Attorney, who shall determine how best to pursue further action, if any, on the
complaint.
B. If the City Attorney determines that cause exists that an unlawful housing
practice occurred and the facts are sufficient to warrant the initiation of an action in
justice court, then the City Attorney shall provide written notification to the Respondent
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and the Complainant that an action to enforce this chapter may be initiated in justice
court. If the City Attorney determines that there is no cause that an unlawful housing
practice occurred or that the facts are insufficient to warrant the initiation of an action in
justice court, the City Attorney shall provide written notification to the Respondent and
the Complainant and notify the Administrator who shall then dismiss the complaint.
10.05.130 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 S500.00. 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.
SECTION 2. This ordinance shall take effect on April 2, 2010.
Passed by the City Council of Salt Lake City, Utah this 10th day of November , 2009.
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CHAIRPERSON
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Transmitted to Mayor on 11/17/09
Mayor's Action: / Approved. Vetoed.
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APPROVED AS TO FORM
Salt Lake City Attorneys Office
(SEAL) Date — p
B —
Bill No. 64 of 2009.
Published:11/21/09
HB_HB_ATTY-#9782-V7-Housing_Non-Discrimination_Ordinance_(9-09).DOC
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