Ordinance 86-89' II Ill I
ORDINANCE 86- 89
WHEREAS
AN EMERGENCY ORDINANCE AMENDING
ORDINANCE 86-74, ENTITLED "FAIR
HOUSING ORDINANCE" TO INCLUDE
HANDICAPPED PERSONS; PROVIDING FOR
CONSTRUCTION AND SEVE~kBILITY; ~ -~'~ ,.
PROVIDING ~N EFFECTIVE DATE.
the 3oard of County Commissioners adopted Ordinance 86-76
creating a "Fair Housing Ordinance" on November 4, 1986; and
WHEREAS, handicapped persons were not included as a protected class;
and
WHEREAS, there is a need to amend ordinance No. 86-74 to include
handicapped persons as a protected class to be~equivalent to State and
Federal law.
NOW THEREFORE BE IT OP~AINED THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER CObh'fY, FLORID;,.
TITLE: "FAIR HOUSING ORDINANCE''.
The title of Ordinance 86-74 is
amended to include the handicapp'ed.
An ordinance entitled "Fair Housing Ordinance" to prohibit discrimination
on the basis of race, color, ancestry, national origin, religion, sex,
~lrital status, age, or handicap in housing; enunciating county policy
relating to this type of Hisc~imination; providing a common title;
defining the terms used; prescrib~ng unlawful discriminatory practices in
connection with the sale, leasing, financing, and provisions of brokerage
services relating to housing; providing certain exceptions; providing for
the designation of administrator; prescribing the administrator's powers
and duties; providing for conciliation hearings and agreements; providing
for duties of administrator when probable cause of violation exists;
providing action to be taken by administrator when conciliation of a
violation fails or cannot be resolve~; prescribing penalties for
violations; providing a conflict ~r severability clau~e; and providing an
effective date.
SECTION TWO. DEFI~fITIOMS.
Section Two of Ordinance No. 86-74 is amended as follows:
For the pur[oses of this Ordinance, the following definitions shall
apply:
A. Administrator - That person appointed by the County
Manager pursuant to ~ection Five.
B. Age - Unless the context clearly indicates otherwise, the
word age, as used in this Ordinance, shall refer exclusively to
persons who are 18 years of age or older.
NOTE: Words s~eR-eh~e~gh are deleted. Words added are underlined.
C. Board - Board of County Commissioners of Collier County.
D. Discriminatory housing practice - An act that is unlawful
under Section Three of this Ordinance.
E. Family - One or more persons living together as a single
housekeeping unit irt a dwelling.
F. Housing or housing acco~nodation - Any building,
structure, 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
thereon of any such building, :ructure, or portion thereof, mobile
home or trailer or other fac
G. Lending Institution - Any bank, insurance company, savings
and loan association o'r any other person or organization regularly
engaged in the business of lending money, guaranteeing loans, or
sources of credit information, including but not limited to credit
bureaus.
H. Owner - Any person, including but not limited to a lessee,
sublessee, assignee, manager, or agent, and also including the city
and its departments or other sub-units, having the right of
o'~nership or possession or the authority to sell or lease any
housing accommodation.
I. Person - One or m~re individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mortgage companies, Joint stock companies, trusts,
unincorporated organizations, or ~public corporations, or any
department or sub-unit thereof.
J. Real Estate Agent - Any real estate broker, any real
estate salesman, or any other person, employee, agent, or otherwise,
engaged in the management, sales, or operation of any real property.
K. Real Estate Broker or Salesman - A person, whether
licensed or not, who, for or with the expectation of receiving a
consideration, lists, sells, purchases, exchanges, rents, or leases
real property, or wh~, negotiates or attempts to negotiate any of
these activities, or who holds himself out as engaged in these
activities, or who negotiates or attempts to negotiate a loan
secured or to be secured by mortgage or other encumbrance upon real
NOTE: Words s~.ek-~hr..gl~ are deleted. Words added are underlined.
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
these.
L. Real Estate Transaction - Includes the sale, purchase,
exchange, rental or lease of real property, and any contract
pertaining thereto.
M. To Rent Includes lease, sublease, assignment and/or
rental, including any contract to do any of the foregoing, or
otherwise granting for a consideration the right to occupy premises
that are not owned by the occupant.
N. Respondent - Any pe .on against whom a complaint is filed
· 2ursuant to this chapter.
O. Sale - Includes any contract to 8ell, exchange, or to
convey, transfer, or 'assign legal or equitable title to, or a
beneficial interest ~n, real property.
P. Handicapped Person - A person, hav~n~ a physical or
l,ental impairment that (a) is expected to be of a lon~ continued
~nd indefinite duration, (b) substantially impedes his or her
mbilit¥ to live inde~endentl:z, and (c) is of s___~uch a nature that
much ability could be improved by more suitable housin~
conditions.
SECTION THREE. UNLAWFUL HOUSINC PRACTICES.
Section THree of Ordinance 2~o. 86-74 is amended as follows:
(~) Unlawful housing practices - sal~ or rental.
Except as provided in Section Four of this Ordinance, it shall
b,: unlawful and a discriminatory hou, sing practice for an o~zner, or
amy other person engaging i,n a real estate transaction, or for a
r,:al estate broker, because of race, color, ancestry, national
origin, religi, on, sex, marital status, age_, or, handicap:
A. To refuse :o engage in a real''estate transaction with a
person or otherwise make unavailable or deny housit, g to any person.
B. To discrim~nate again:~t 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
exercise of his right to free association.
C. To refuse to receive or to fail to transmit a bonafide
offer to engage in a rmal estate transaction from a person.
NOTE: Words e~e~-*hrough are deleted. Words added are underlined. 3
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 ]ease 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 mall, or
cause to be made, printed, published or circulated, any notice,
~tatement, advertisement or sign, or to use a form of application or
photograph for a real estat~ transaction or, except in connection
with a written affirmative : .cion plan, to make a record, or oral or
written inquiry in connection 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 furnis~ing of
facilities or services in connection therewith.
H. To make any misrepresentations concerning the listing for
~ale 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 ~he above transactions for discriminatory
purposes.
I. To retaliate or discriminate in any manner against any
person because of his opposing a pr,,~ctice declared unlawful by this
Ordinance, or because he ha~ filed a complainr,_testified, assisted
or participated in any manner in any investigation, proceeding or
conference under thi~ Ordinance.
J. To aid, abet, incite, compel or coerc~ any person to
.engage in any of the practices prohibited by the provisions of thie
Ordinance, or to obstruct or prevent any person from complying with
the provisions of this Ordinance, or any conciliation agreement
entered into thereunder.
Mr K._: By canvassing to compel any unlawful practices prohib-
ited by the provisions of this Ordinance.
NOTE: Words ee~ueN-eh~eugh are deleted. Words added are underlined.
4
NY L. To promote, induce, influence or attempt to promote.,
induce or influence by the use of postal cards, letters, circulars,
telephone, visitation or any other means, directly or indirectly, a
property owner, occupant, or tenant to list for 0ale, sell, remove
from, lease, assign, transfer; or otherwise dispose of any housln5
by referring as a part of a process or pattern of inciting neigh-
borhood unrest, community tension, or fear of racial, color,
religious, nationality or ethnic change in any 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 an~ hou' ~g.
0v M. To cause to be ~de auy intentionally misleading state-
m~nt or advertisement, or, in any other manner, attempt as part of a
p~ocess or pattern of inciting neighborhood, unrest, community
tension 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 i~ insufficient basle to Judge its truth or ~alaity or warrant
making the statement, or to make any other material misrepresenta-
tions in order to obtain such listing, sale, removal from, lease,
a~signment, transfer or other disposition of said housing.
Pv N. 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 ~elief that a bonafide offer ia
b~ing made to sell, lease, ~ssign, transfer or ~therwise dispose of
any housing that is not in fact available or offered for sale,
lease, assign~ent, transfer or other disposition.
(2) Unlawful housing practices - Block busting
It shall be un[awful and a discriminatory housing practice for
a person, for the p~rpose of induc[ng a real estate transaction for
which he may benefit financially:
A. To re,resent that a change has occurred or will or
may occur in the compo~itio~, with respect to race, color,
ancestry, national origin, religion, sex, marital status, age,
or, handicap, of the owner~: or occupants in the block,
NO%E: Words m~meR-~½~egN are deleted. Words added are u~er!ined.
illl
neighborhood, or area in vhich the housing accommodation is
located,
B, To represent t?at this change will or may result in the
lowering of property values, an increase in criminal or anti-social
behavior, or a decline in the quality of schools in the block,
neighborhood, or area in which the housing accommodation ia 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 he a prospective purchaser, that such block or
neighborhood, or area may und .go, is undergoing, or has undergone a
change with respect to ra.~al, color, religious, nationality, or
ethnic composition of such block or neighborhood or area.
D. To engage in, or hire to be done, or to conspire with
others to commit actions or activities of any nature, the purpose of
which is 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
listing of any housing accommodation.
E. For profit, to induce or attempt to induce any person to
sell or not sell, to rent or not rent any housing by representations
regarding the entry or prospective entry into the neighborhood of a
person or persons protected by the provisions of this Ordinance.
(3) Unlawful housing practices - Financing.
It shall be unlawful and a discr~minatory housing practiee for
any lending institution, to den~ a loan or other financial
assistance to an applicant.thereof for the pu;pose of purchasing,
constructing, improving, repairing or maintaining housing, or to
discriminate against him in the fi~ing of the amount, interest rate,
duration, or other terms or conditions of such loan or other
'.financial assistance, because of the race, color, ancestry, national
origin, religion, sex, marital r;tatus, agez or, handicap of such
person or of any person associated with him in connection with such
loan or other financial assistance or the 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
28.3
N~£E; Words ~ek-eh~eugh are deleted. Words added are underlined.
iii Ill I
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 chis
Ordinance.
(4) Unlawful housing practices - Brokerage Services.
It shall be unlawful and a discriminatory housing practice to
deny any person access to or membership or participation in any
multiple listing service, real estate broker's organization or other
service, organization, or facility related to the business of
selling, or renting housing, or tc discriminate against such person
on the terms or conditions such access, membership or partic-
ipation because of race, col .r, ancestry, national origin, religion,
sex, marital status, agez or, handicap.
SECTION SIX. COMPLAINTS.
Section Six of Ordinance 86-74 is amended as follows:
(i) A person who claims that another person has committed a
discriminatory housing practice may report that offense to the
administrator by filing an informal complaint within sixty (60) days
after the date of the alleged discriminatory 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 United States underCthe Fair Housing Act of 1968, Public Law
90-284, as an informal complaint filed under subsecticn 1.
(3) An informal complaint must be in writing, verified or affirmed,
on a form to be supplied by the administrator and shall contain the
following:
A. Identity of the respondent(s).
B. Date of offense and date of filing th~ informal complaint.
C. General statement of facts of the offense including the
bamis of the discrimination (race, color, ancestry, national origin,
religion, sex, marital status, age, or handicap)..
D. Name and signature of the complainant.
(4) Each complaint ~hall be held in confidence by the administrator
unless and until the complainant(s) and the respondent(s) consent in
writing that it shall be made public.
NOTE: Words seruek-~hrou~h are deleted. Words added are underlined. ?
(5) Within fifteen (15) days after the filing of the informal
complaint, the administrator shall transmit a copy of the same to
each respondent named therein by certified mail return receipt
requested. Thereupon, the respondent(s) may file a written,
verified informal answer to the informal complaint within twenty
(20) days of the date of'receipt of the informal complaint.
(6) An informal complaint or answer may be amended 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 aa promptly as practicable.
(7) The administrator shall ;,sist complainant(s) or respondent(s)
when necessary in the prep~ ation and filing of informal complaint
or answers or any amendments thereto.
SECTION T~ELVE. CONSTRUCTION AND SEVERABILITY.
This Ordinance shall be liberally construed to effectuate its public
It is declared to be the in~ent of the Board of County Corm~issionera
that if any section, subsection, sentence, clause, phrase or provision
of this ordinance is held invalid or unconstitutional, such invalidation
or unconstitutionality shall not be so construed as to render invalid or
unconstitutional the remainin~ provisions of this Ordinance.
SECTION THIRTEEN. EFFECTIVE DATE.
The Board of County Commissioners does hereby declare that an
.emergency exists and that immediate enactment of this Ordinance is
necessary, and by no less than four-fifths (4/5th~) vote of the
membership of the Board does hereby waive notice of intent to consider
this Ordinance.
A certified copy of ,this Ordinance, as enacted, shall be filed by
the Clerk of the Board with the Department of State of the State of
NOTE: Words ee~uek-eh~ough are deleted. Words added are underlined.
8
Florida, as soon after enactment as is practicable by depositing the same
with the postal authorities of the government of the United States for
special delivery by certified mall, postage prepaid, ~o the Florida
Department of State.
PASSED AND DULY kDOPTED by the Board of County Commissioners of
Collier County, Florida, thi~ ]6~b__ day of r~--,~n~r ... ,
1986.
DATED: December 16, 1986
..:> v .5 ~ .... ATTEST
~>9'.,"'~;C'~ES C, ¢~tES, Clerk
.': .'v, .' '.'~.: '.'~,,' ·
: ..~ .' ; : .... ..'-% . -,~ :
',,, .... ~'Approved as to fo~ and -
' ' .... legal sufficiency:
~nnech ~. Cuyler
unty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MAX i.! HAsSE, ~R., Ch~r~an
~ ockmo~l~gement of that
fllinghrecslvecl tfll~_ day
AMEND FAIR HOUS ORDINANCE
,,o. 288
NC~E: Words ee~.eh-eh~eugh are deleted. Words added are underlined.
o
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of
ORDINANCE ~ . 86-89
that was adopte~ by the Board of County Commissioners via
emergency procedures during Regular Session on the 16th day of
December, 1986.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 16th day of
December, 1986.
JAMES C. GILES
Clerk of Courts
Ex-officio to th'e.'B, bar~.'of,
County Commissionbr.,~',.'[7~.'*~'.~.'... ~ ';
~Y:virgin~ M~gri't.
..... y;...., ~,,.~
525,,".' 287