Ordinance 86-74ORDINANCE - 86-74
A5 ORDINANCE ENTITLED "FAIR HOUSING
O~DIN~;CE" TO PROHIBIT DISCRIMI-
NATION ON THE BASIS OF RACE, COLOR,
ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS OR AGE IN
}{()USING; ENUNCIATING COUNTY POLICY
RELATING IO THIS TYPE OF DISCRIMINA-
TION; PROVIDING A COMMON TITLE;
DEFINING THE TERMS USED; PRESCRIBING
UNLAWFUL DISCRIMINATORY PRACTICES IN
CO?INECTION WITH THE SALE, LEASING,
FINANCING, AND PROVISIONS OF BROKER-
AGE SERVICES RELATING TO HOUSING;
PROVIDING CERTAIN EXCEPTIONS;
PROVIDING FOR THE DESIGNATION OF
ADMINISTRATOR; PRESCRIBING THE
ADMINISTRATOR'S POWERS AND DUTIES;
PROVIDING F'OR CONCILIATION HEARINGS
Ah~ AGREEMENTS; PROVIDING FOR DUTIES
OF ADMINISTRATOR grHEN PROBABLE CAUSE
OF VIOLATION EXISTS; PROVIDING
ACTION TO BE TAKEN BY ADMINISTRATOR
WHEN CONCILIATION OF A VIOLATION
FALLS OR C~3fNOT BE RESOLVED;
PRESCRIBING PENALTIES FOR
VIOLATIONS; PROVIDING A CONFLICT OR
SEVERABILIIY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
~EREAS, the Fair Housing Act of 1968, prohibits discrimination on
thc basis cf race, color, ancestry, national origin, religion, sex,
marital status or age in housing; and
~EREAS, it is the policy of the Board of County Commissioners of
Collier County, in keeping with the law~ of the United S~atea of America
and the spirit of constitution of the State of Florida, to promote
through fair, orderly and lawful procedure, the opportunity for each
person, so desiring, to obtain housing of choice in the unincorporated
areas of th,~ County, without regard to race, color, ancestry, national
origin, religion, sex, ~rtial status or age, and, to that ~nd, to
prohibit discrimination in housing by any person.
N~W, TI~EREFORE, BE IT ORDAINED BY ~ BOARD OF COU1YTY COI~SSIONIiRS
OF COLLIER COUNTY, FLORIDA.
SECTION ONE. COMMON TITLE.
This' Ordinance shall be know~ and n~ay be cited as the Fair Rousing
~de o~.6nincorporated Collier County, Florida.
~ECTIO~[.'~O DEFINITIONS.
~n "{~f the purposes of this Ordinance, the following d,~finitione shall
~%pply: ~
A. Administrator - That person appointed by the County
Manager pursuant to Section Five.
B. Age Unless the context clearly indicates otherwise,
the wo~d age, as used in this Ordinance, shall refer exclusively to
persons who are 18 years of age or older.
C. Board - Board of County Commissioners of Collier County.
D. Discriminatory housing practice - An act that is unlawful
under Section /hree of this Ordinance.
E. Family - One or more persons living together as a single
housekeeping unit in a dwelling.
F. Housing or housing accommodation - Any buitding,
structt:re, or portion thereof, mobile home or trailer, or other
facility which is occupied as, or designed or intended for occupancy
as, a residence by one or more families, and any vacant land which
is offered for sale or lease for the construction or location
thereo~ of any such building, structure, or portion thereof, mobile
home or trailer or other facility.
G_ Lending Institution - Any bank, insurance company, savings
and loan association or any other person or organization regularly
engaged in the business of lending money, guaranteeing loans, or
source~ of credit information, including but not limited to credit
bureau~.
H. Owner - Any person, including but not limited to a lessee,
subles3ee, assignee, manager, or agent, and also including the city
and its departments or other sub-units, having the right of
o~mers'nip or possession or the authority to sell or lease any
housing accommodation.
I. Person - One or more individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mortgage companies, Joint stock companies, trusts,
unincorporated organizations, or pub]_ic corporations, or any
depart:ent or sub-unit thereof.
J. Real Estate Agent Any real estate broker, any real
estate salesman, or any other parson, employee, agent, or otherwise,
emgaged in the management, sales, or operation of any real property.
K. Real Estate Broker or Salesman A person, whether
licensed or no~:, who, for or with the expectation of receiving a
consideration, llsts~ eells, purchases, exchanges, rents, or leases
real property, or who negotiates or attempts to negotiate any of
these activities, or who holds himself out aa engaged in these
activities, or who negotiates o~ attempts to negotiate a loan
secured or to be secured by mortgage or other encumbrance upon real
property, or who is engaged in the business of listing real property
in a publication; or a person employed by or acting on behalf of any
thes~.
L. Real Estate Transaction - Includes the sale, purchase,
exchange, rental or lease of real property, an~ any contract
pert~.ining thereto.
M. To Rent - Includes lease, sublease, assignment and/or
rental, including any contract to do any of the foregoing, or
othe:~ise granting for a consideratinn the right to occupy premises
that are not o~ed by the occupant.
N. Responden~ - Any person against whom a complaint is filed
pursuant to this chapter.
O. Sale - Includes any contract to sell, exchange, or to
convey, transfer, or assign legal or equitable title to, or a
beneficial interest in, real property.
SECTION 1HREE. UNI~WFUL HOUSING PRACTICES.
(1) Unlawful hog,sing practices - sale or rental.
Except as provided in Section Four of this Ordinance, it shall
be ,~nlawful and a discriminatory housing practice for an owner, or
any other person engaging in a real estate transaction, or for a
real estate broker, because of race, color, ancestry, national
origin, religion, se~, marital status or age:
A. To refuse to engage in a real estate tr~action w/th a
person or otherwise make unavailable or deny housing to any person.
B. To discriminate against a person in the terms, conditions
or privileges of a real estate transaction or in the furnishing of
facilities or services in connection therewith, or because of his
ex,~rcise of his right to free association.
C. To refuse to receive or to fail to transmit a bona fide
offer to engage in a real estate transaction from a person.
D. To refuse to negotiate for a real estate transaction with
a person.
E. To represent to a person that housing is not available for
inspection, sale, rental or lease when in fact it is so available,
or to fail to bring a property listing to his attention, or to
refuse to permit him to inspect the housing.
F. To make, print, publish or circulate, post or mail, or
cause to be made, printed, published or circulated, any notice,
stateme~t, advertisement or sign, or to use a form of application or
photograph for a real estate transaction or, except in connection
with a written affirmative action plan, to make a record, or oral or
written inquiry in connsction with a prospective real estate trans-
action, which indicates directly or indirectly an intent to make a
limitation, specification, or discrimination with respect thereto.
G. To offer, solicit, accept, use or retain a listing of
housing with the understanding that a person may be discriminated
against in a real estate transaction or in the furnishing of
facilities or services in connection therewith.
H. To make any misrepresentations concerning the listing for
sale or rental, or the anticipated listing for sale or rental, or
the sale or rental of any housing in any area in unincorporated
Collier County for the purpose of inducing or attempting to induce
any such listing or any of the above transactions for discriminatory
purposely.
I. To retaliate or discriminate in any manner against any
person because of his opposing a practice declared unlawful by thio
Ordinance, or because he has filed a complaint, testified, assisted
or participated in any manner in any investigation, proceeding or
conference under this Ordinance.
J. To aid, abet, incite, compel or coerce any person to
engage in any of the practices prohibited by the provisions of this
Ordinance, or to obstruct or prevent any person from complying with
the provisions of this Ordinance, or any conciliation agreement
entered into thereunder.
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M. By canvassing co compel any unlawful practices prohibited
by the provisions of this Ordinance.
N. To promote, induce, influence or attempt to pzomote,
induce or influence by the use of postal cards, ii, tiers, circulars,
telephone, visitation or any other means, directly or indirectly, a
property owner, occupant, or tenant to list for sale, sell, remove
from, lease, assign, transfer; or otherwise dispose of any housing
by referring as a part of a process or pattern of inciting
neighborhood unrest, community tension, or fear ¢~f racial, color,
religious, nationality or ethnic change in an), street, block,
neighborhood, or any other area, to the race, color, religion, or
national origin of actual or anticipated neighbors, tenants or other
prospective buyers of any housing.
O. To cause to be made any intentionally misleading statement
or advertisement, or, in any other manner, attempt as part of a
process or pattern of inciting neighborhood, umrest, community
tensi=n or fear of racial, color, religious, nationality or ethnic
change in any street, block, neighborhood, or any other area, to
obtain a listing of any housing for sale, rental, assignment,
transfer or other disposition, where such statement, advertisement
or other representation is false or materially misleading, or where
there £s insufficient basis to Judgg its truth or falsity or warrant
making the statement, or to make any other material misrepresenta-
tions in order to obtain such listing, sale, removal from, lease,
asaigmnent, transfer or other disposition of said housing.
P. To place a sign or display any other device either
purporting to offer for sale, lease, assignment, transfer or other
disposition tending to lead to the belief that a bona fide offer is
being tmde to sell, lease, assign, transfer or otherwise dispose of
any housing that is not in fact available or offered for sale,
lease, assig~aent, transfer or other disposition.
(2) Ur.lawful t,ousing practices - Block busting.
It shall be unlawful and a discriminatory housing practice for
a persc.n, for the purpose of inducing a real estate transaction for
which he may benefit financially:
A. To represent that a change has occurred or will or may
occur i~ the composition, with respect to race, color, ancestry,
national, origin, religion, sex, marital status or age, of the owners
or occupants in the block, neighborhood, or area in which the
housing accommodation is located.
B. To 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 school~ in the block,
neighborhood, or area in which the housing accommodation is located.
C. To make, as part of a process or pattern of discouraging
the purchase, rental, occupancy or otherwise of any housing in a
particular block, neighborhood or area, any representation to a
person known to be a prospective purchaser, that such block or
neighbo~hood, ur area may undergo, is undergoing, or has undergone a
change with respect to racial, color, religious, nationality, or
ethnic composition of such block or neighborhood or area.
D. To engage in, or hire to bs done, or to conspire with
others to commit actions or activities of any nature, the purpose of
which tls to coerce, cause panic, incite unrest or create or play
upon fear, with the intent to either discourage or induce, or
attempt to induce, the sale, purchase, rental or lease or the
listin8 of any housing accommodation.
E. For profit, to induce or attempt Co induce any person co
sell uT not selk, to rent or not rent any housing by rspresencacions
regarding the entry or prospective entry into the neishborhood of a
person or pers.~ns protected by the provisions of this Ordinance.
(3) UT~lawful h.ousing practices - Financing.
It: shall be unlawful and a discriminatory housing practica for
any l*~nding institution, to deny a loan or other financial
assistance to an applicant thereof for the purpoas of purchas/ng,
constructing, improving, repairing or maintaining housing, or to
discriminate against him in the fixing of the amount, interest rate,
duration, or other terms or conditions of such loan er other
financial assistance, because of the race, color, ancestry, national
origin, religion, sex, marital status or.age of such person or of
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any perlon associated with him in connection with such loan or ocher
financial assistance or tbs purposes of such loan or other
assistance, or of the present or prospective owners, lessees,
tenants or occupants of the housing in relation to which such loan
or other financial assistance it to be made or given; provided, that
nothing contained in this subsection shall impair the scope or
effectiveness of the exceptions contained in Section Four of this
Ordinance.
(4) Unlawful housing practices - Brokerage Services.
It shall be unlawful and a discriminatory housin~ practice to
deny any person accssa to or membsrship or partlclpation in any
multiple listing service, real estate brokers' organization or other
service, organization, or facility related to the business of
selling, or renting housing, or to discriminate against such parson
in the terms or conditions of such access, membership or
participation because of race, color, ancestry, national origin,
religion, sex, marital status or age.
SECTION FOUR. EXEMPTIONS A~ EXCEPTIONS.
(1) ~lothing in Section Three shall prohibit a religious
organization, association, or society, or any nonprofit charitable
or educational institution or organization operated, supervised or
controlled by or in conjunction 'with a religious organization,
association, or society, from li~.iting or from advertising the sale,
rental or occupancy of housing which it owns or operates for ocher
than a commercial purposs to parsons of ths same religion, or from
giving preference to such persona. Nor shall anything in ~his
section prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides
lodgings which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such lodgings to
its members or from giving preference to its members.
(2) Nothing in Section Three, subsection I (F), shall apply to:
A. Any single-family house sold or rented by its owner:
provided, that such private individual owner does not own more than
three such single-family houses at any one time; provided, further,
that in the ca~e of the sals of any such single-family house by a
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private individual owner not residing in such house at the time of
such sale or who was not the most recent resident of such house
prior to such sale, the exemption granted by this subsection shall
apply only with respect to one such sale within any twenty-four
month period; provided, further, that such bona fide private
individual owner does not ow~ any interest in, nor in there owned or
reserved on his behalf, under any express or volumtary agreement,
title to or any rights to all or a portion of the proceeds from the
sale or rental of, more than three such single-family houses at any
one t£~e; provided, further, that the owner sells or rent8 such
housing; (1) without the use, in any manner, of the s&Aes or rental
facilities or the sales or rental services of any real estate
broker, agent, or salesperson, or of such facilities or services of
any person in the business of selling or renting 4ousing, or of any
employee or agency of any such broker, agent, salesperson, or
person; and (2) without the publication, posting or mailing, after
notice, of any advertisement or written notice in violation of
Section Three; subsection ! (F); but nothing in this provision shall
prohibit the use of attorneys, escrow agents, abstractors, title
companies, and other such professional assistance as necessary to
perfect or transfer the title; or
B. Rooms or units in housing containing living quarters
occupied or in~ended to be .occupied by no more than four families
living independently of each other, if the owner actually maintains
and occupies one of such living quarters as his residence, provided
that the rr~ner sells or rents such rooms or units; (1) without the
use in any manner of the sales or rental facilities or the sales or
rental services of any real estate broker, agent or salesperson, or
of such facilities or services of any person in the business of
sellin~ or renting housing, or of any employee or agency of any such
broker, agent, salesperson, or person; and (2) without the
public~,tion, pc, sting or mailing, after notice, of any advertisement
or wriI:tsn notice in violation of Section Three, subsection 1 (F),
but nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstractors, title companies, and other such
professional as~istance as necessary to perfect or transfsr the
title.
For the purposes of this subsection a person shall be deemed
to be tn the business of selling or renting housing if:
a. he has, within the preceding twelve months, participated
as principal, other than in the sale of his own personal resi~encs,
in providing sales or rental facilities or sales or rental services
in three or more transactions involving the sale or rental of any
housing or any interest therein; or
b. he has, within the preceding twelvs m~nths, participated
as agenT, other than in the sals of his own perso:lal residence, in
providing sales or rental facilities or sales or rental facilities
or sales or rental services in two or more transactions involving
the salE: or rental of any housing or any interest therein; or
c. he is the owner of any housing designed or intended for
occupancy by, or occupied by, firs or more families.
(3) Nothing in Section Thres shall be construed to:
A. Bar any person from restricting sales, rentals, leases or
occupancy, or from giving preference, to persons of a given age for
bona fi~e housing intended solely for the elderly or bona fide
housing intended solely for minors.
B. Make it an unlawful sct" to require tbmt a person have
legal c~pacity to enter into a contract or lease.
C. Bar any person from advsrtising or from refusing to sell
or rent any housing which is planned exclusively for, and occupied
exclusively by, individuals of one sex, to any individual of the
opposite sex.
D. Bar any person from selling, renting or advertising any
housing which is planned exclusively for, and o¢cupzsd exclusively
by, unmzrried individuals to unmarried individuals only.
E. Bar any person from advertising or from refusing to sell
or rent any housing which is planned exclusively for married couples
without children or from segregating families with children to
special units of housing.
F. Bar any person from refusing to sell or rent any housing
to unmarried individual8 cohsbiting contrary to law.
I. Promulgate, publish and distribute the necessary forms,
rules and regulations to i;plement the provisions of this Ordinance.
SECTION SIX. COM~LAINIS.
(1) A person who claims that another person has co~itted a
discriminatory housing practice may report that offense to the
administrator by filing an ~nformal complaint within sixty (60) days
after the date of the alleged discr/minatory housing practice and
not later.
(2) The administrator shall treat a complaint referred by the
Secretary of Housing and Urban Development or the Attorney General
of the Uuited States under the Fair Housing Act o£ i~68, Public Law
90-284, ns an informal complaint filed under subsection 1.
(3) An f_nformal complaint must be in writing, verified or affirmed,
on a fom~ to ba supplied by the administrator an,l shall contain the
following:
A. Identity of the respondent(s).
B. Dace of offense and date of filing the informal complaint.
C. General statement of facts of the offense including the
basis of the discrimination (race, color, ancestry, national
origin, religion, sex, marital status or age).
D. Name and signature of th~ complainant.
(4) Each complaint shall be held i~ confidence by the admdnistrator
unless a.~d until the complainant(s) and the respondent(s) consent in
writing :hat it shall be made public.
(5) Within fifteen (15) days after the filing of the informal
complainC, the administrator shall transm/t a copy of the same to
each re~pondent named therein by certified mail return receipt
requested. Thereupon, the responden~(a) may file a written,
verified informal answer to the informal ccnnplatnt within twenty
(20) days of the date of receipt of the informal complaint.
(6) An informal complaint or answer may be amendsd at any time, and
the administrator shall furnish a copy of each amended informal
complaint or answer to the respondent(s) or complainant(s),
respectively as promptly as practicable.
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G. Bar any parson from refusing a loan or other fin~nctal.
assistance to any person whose life axpectancy, according to
generally accepted mortality tables, ia less than the term for which
the loan is requested.
SECTION FIVE. ADMINISTRATOR - AUTHORITY AND RESPONSIBILITY..
(17 The authority and responsibility for administering this
Ordinanc~ shall be vested in the County Manager who shall appoint an
administrator.
(2) Powers and Duties of Administrator.
The Administrator shall:
A. Receive written complaint(e) aa hereinafter provided in
Section Six relative to alleged unlawful acts under this Ordinance.
B. Upon receiving a written complaint, make such
investigations as the administrator deems appropriate to ascertain
facts and issues.
C. Utilize methods of persuasion, conciliation, and mmdiation
or informal adjustment of grievances.
D. Establish, administer or review programs at the request of
the County Manager and make reports on such programs to the County
Manager.
E. Bring to the attention of the County Manager items that
may require notice to the Board Jf County Commissioners or Board
action to resolve.
F. Render to the County Manager annual written reports of
activities under the provisions of this Ordinance along with such
comments and recommendations as required.
G. Cooperate with and render technical assistance to federal,
state, local and other public and private agencies,
and institutions which ara formulating or carrying on programs to
prevent or eliminate the unlawful discriminatory practices covered
by the ~rovisions of this Ordinance.
H. If he determines that there is probable cause to believe
that thtre has been a violation of the provisions of this Ordinance;
refer the matter to the proper County, State or Federal authorities
for appropriate legal action.
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(7) The administrator shall assist complainant(s) cr respondent(a)
when necessary in the preparation and filing of informal complaint
or answers or any amendments thereto.
SECTION SEVEN. PROCESSING COMPLAINTS.
(1) Within thirty (30} days after the filing of an informal
complaint, the administrator shall make such investigation, es
appropriate, to ascertain facts and issues. If the adminiotrator
shall deem that there are reasonable grounds to believe that
violation has occurred and can be resolved by conciliation, such
conciliation shall be attempted by methods of initial c~nference and
persuasion with all interested parties and such representatives as
the parties may choose to assist them. Conciliation conferences
shall be informal and nothing said or done in the cours~ of the
informal conference with the individuals to resolve the dispute may
be made public or used ss evidence in a subsequent proceeding by
either party without the w~rttten consent of both the complainant(s)
and the respondent(s). The administrator or any employee of the
administrator who shall make public any information in violation of
this provision shall be deemed guilty of a violation of this
Ordinance and shall be subject to penalty as set forth in Section
Eleven c,f this Ordinance.
(2) If the parties desire to '~onciliate, the ts~-mm of the
conciliation shall be reduced to writing in the form approved ~y the
administrator and must be signed and verified by the complainant(s)
and re,pondent(s) and approved by the administrator. The
conciliation agreement is for conciliation purposes only and does
not con,titute an admission by any party that the law has been
violated.
(3) If the administrator deems that =here is not probable cauas to
believe that a particular alleged discriminatory housing prate/ce
has been committed, the administrator shall take no further action
with respect to the alleged offense.
(4) If the administrator, with respect to any matter, which
involves a contravention of this Ordinance:
A. Fails to conciliate a complaint after the parties, in good
faith, have attempted such conciliation; or
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B, Determine8 that the violation alleged in the complaint
cannot b, resolved by conciliation, both the complainant(s) and the
respondent(s) shall be notified within thirty (30) days of the
failure of the conciliation, and the provisions of Section Five
subsection 2 (H) invoked.
SECTION EIGHT. ADDITIONAL REMEDIES.
The procedures prescribed by this Ordinance do not constitute an
administrative prerequisite to another action or remedy available under
other law. Further, nothing in this Ordinance shall be deemed to modify,
impair or otherwise affec~ any right or remedy conferred by the
Con~titution or laws of the United States or the State of Florida, and
the provisions of this Ordinance shall be in addition to those provided
by such other laws.
SECTION NINE. EDUCATION AND PUBLIC INFORMATION.
The administrator may conduct educational and public informational
activities that are designed t: promote the policy of this Ordinance.
SECTION TEN. UNTRUTHFUL COMPlAiNTS OR TESTIMONY.
It shall be a violation of this Ordinance for any person knowingly
and willfully to make false or untrue statements, accusatton~ or
allegations in his complaint or to give false testimony concsrming
violations of this Ordinance.
SECTION ELEVEN. PENALTY.
Violations of this Ordinance shall be prosecuted in the same manner
as misdemeanl)rs are prosecuted and upon conviction shall be punished by
fine not to exceed five hundred dollars ($500.00) or by imprisonment in
the County ,Jail not to exceed sixty (60) days or by both fine and
imprisonment.
SECTION I%'ELVE. CONFLICT 0R SEVERABILITY.
If any clause, section or provision of this Ordinance shall be
d~clared to be unconstitutional or invalid for any cause or reason, the
smm~ shall be eliminated from this Ordinance and the remaining portio~ of
this Ordinance shall be in full force and effect and be se valid as if
such invalid portion thereof had not been incorporated therein.,
SECTION THIR~TEEN. EFFECTIVE DATE.
This Ordinance shall become effsctive upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State. ~ ~Z~,;!~7
PASSED MiD DULY ADOPTED by tha Board of County Cogziaalonerl of
Collier County, Florida, thia ~ day of Ncrv~mh~r , 1986.
DATED: Nov~.~er 4, 1986
ATTEST:
JAMES C. GILES, Clerk
.,,5~:~,,~o fo~ and
~ ~ · ..-~ ' '. G.,.'.
.... %'-' ~ L',';~ ......
',,, 6~.,~e~ ,
BOARD OF COUNTY COMMISSIONEP~
COLLIER COUNTY, FLORIDA
///~O1 A. PISTOR, Chairman
I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do P~_reby certify that the foregoing is
a true origir~ll of:
O~DINA~<~ I~. 86-74
~ich Ms ad~pted by the Board of County Cc~mission during ~lar S~ssion
on the 4th day of No~-d:er, 1986.
WITNESS my har~ and seal of the Board of County Ccra~issioners of
Collier Co,runty, Florida, th/s 4th day of Noverdser, 1986.
Clerk of Courts and Clerk
Ex-officio to Board of
County Cc~missi~s
virFmia ~+.:<?:'o' ', '-,
Deputy Cl~rk .' ,-:;..' : '.. ;" ;
· . :-.:; :.>,,_ :~..' . :.. ~,: :.
:> '. ;~::..... ,. :....: .': :.
· '3: . ;.< ,. i. -':. Lo~: .',' :
",~'.'C" e,y?",~
FAIR HOUSING ORDINAlqCE
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