Ordinance 92-009 ORDINANCE 92- 9 ,
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 86-?4, THE FAIR HOUSING
ORDINANCE; BY AMENDING THE TITLE TO THE
ORDINANCE; BY AMENDING SECTION TWO ENTITLED
DEFINITIONS; BY AMENDING SECTION THREE
ENTITLED UNLAWFUL HOUSING PRACTICES; BY
AMENDING SECTION FOUR ENTITLED EXEMPTIONS
AND EXCEPTIONS; BY AMENDING SECTION SIX
ENTITLED COMPLAINTS; BY AMENDING SECTION
ELEVEN ENTITLED PENALTY; PROVIDING FOR
CONSTRUCTION AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board cf County Commissioners adopted
Collier County Ordinance No. 86-74 creating a "Fair Housing
· Ordinance" on November 4, 1986; and
WHEREAS, the Board of County Commissioners adopte~
.~ Collier County Ordinance No. 86-89 to amend Ordinanc~ No. 86-74
~%:. to include handicapped persons es a protected, class; and
ii~':- WHEREAS, the Federal and State Fair Housing Acts were
amended to include familial status as a protected class; and
, WHEREAS, there is a need to amend Ordinance No. 86-74 to
include familial status as a protected class and make minpr
changes to be consistent with State and Federal law.
~.. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA that:
SECTION ONE: The title to Collier County Ordinance No.
86-74 is amended to read as follows:
An ordinance entitled "Fair Housing Ordinance" to prohibit
~.' discrimination on the basis of race, color, a~eestryT-national
,,~, ' origin, religion, sex, mar~%a}-s~s~HsT-e~e? familial status, or
~:,.: handicap in housing; enunciating county policy relating to this
i~ type of discrimination; providing a common title; defining the
terms used; prescribing 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;
,i~ providing action to be taken by administrator when conciliation
of a violation fails or cannot be resolved; prescribing
Words ~ are added; Words s~mck-~h=eHgh are deleted.
penalties for violations~ providing a
: ~ sevarability clause; and providing an effective date.
~" SECTION TWO: Section '~'o, Definitions of Collier County
Ordinance No. 86-?4 shall be amended as follows:
SECTION TWO.
For the purposes of this Ordinance, the following
definitions shall apply~
!~ A. Administrator - That person appointed by the County
~ Manager pursuant to Section Flys.
~', .-BT Age .... ~n~ess-the-een~eM~-e~aa~y-*nd~ea~as-ethe~w~seT
the---werd--ager--as--~se~--~m---th&s--e~naneer--shal~--re~e~
e~el~s&ve~y-%e-persons-whe-a~e-~e-yea=s-e~-a§e-e~-el'der?
~. e~. Board - Board of County Commissioners of Collier
~.. County.
~. Discriminatory housing practice - An act that is
unlawful under Section Three of this Ordinanoe.
"
' ~ordsu~derlinedare added~ ~ords a~r~ek-th~e~qh are deleted.
Pr Heus~ng--er--heus~ng--aeee~ede~en .....
e~r~eture?-e~-po~en-t~eree~T-me~e-heme-sr-~s~e~?-er-o~her
eeeupaney--asr-a--res~denee--by-ene-e~--me~e-~a~esF-and--emy
layings 'a~ loan assoc/atl~ ~ any other person ~r
or~an~za2ion 're~larl~ engaged In the business o~ lending
mone~,~aran2eain~'loans, or sources o~ credl2 inffo~a2ion,
includin~.bu2 nok limited to credi2 bureaus.
H. owner - ~n2 person, including bu~ no2 limi2ed to a
lessee~ sublessee, assignee, manager, or a~en2, and also
includin~ the citM and lks departments or other sub-uniks,
having..tha riGh2 o~ ownership
sell or lease any
I. Person - One or more ln~lviduals, =or~orations,
partnerships,, associations, labor organizations, legal
representatives,.., m~gaqa mutual companies, Joint stock
companies, trusts, unincorporated organizations, trustees.
trustees tn bankrUDtCV, receivers, fiduciaries, or public
corporations, or any department or sub-unit thereof.
J. Real Estate Agent - Any real estate broker, a~y real
estate salesman, or any other person, employee, agent,
othe~ise, engaged in the management, sales, or operation of
..~ny real property.
K. Real Estate Broker or Salesman - A person, 'whether
licensed or no=, who, for or with the expeotatio~ of receiving
a considera=lon, lists, sells, ~urchases, exchanges, rents,
leases real property, or who nego~iates or attempts to
negotiate any of these activit~es, or who holds himself ou~ as
engaged In these activities, or who negotiates or attempts to
negotiate a loan secured or to be secured by mortgage or other
~ords underlined are added~ ~ords st~ek-th~e~gh are deleted.
encumbrance upon real property, or who is engaged in the
business of 1-ieting real property in a publication, or a person
employ~-~=or ac~i~g ~n-behalf of any these..
.... ~.~'*~eak. Es%ate Transaction - Includes the sale, purchase,
exchange,-' rents. 1 o~ lease of real property, and any contract
pert=i=~ing thereto.-
=:-==~.:'~.,Ren~'--Includes lease, sublease, assignment and~or
rental, including any contrac~ ~o do any of the foregoing, or
othe~lse granting for a consideration the right to occupy
premises that are not o~ed by the occupant.
~,":N. Respondent - Any person against whom a complaint
fil~ pursuant to this ehap%e~ Ordinance.
Of' Sale '- Includes any contract to sel~, exchange, or to
convey, transfer, or assign legal or e~itable title to, or a
beneficial interest in, real property.
· p, ~andicao - with res0ect to a eerson -
a. a physical or mental imoai~emt whAch substan-
tially limits one or more of such nerson's major life
activities.
D, a record of having such an imnaA~ent, or
c._ bein~ re,arded as havin, such an imnai~ent.
but such te~ does not include current, illegal use of or
addiction 'to a controlled substance ~as defined in section 102
of the Controlled Substance Act ~21 U.S.C.
O. Covered Multifamilv Dwellin~ -
a. A buildin~ which consists of four or more umita
and has an elevator: or
b. The ~round floor unite of a butldin~ which
consists of four or more umita and does not have an elevator.
Words underlined are added~ Words struck-through are deleted.
SECTION THREE= Section T~ree, Unlawful Housing Practices
of Collier County Ordinance No. 86-74 shall be amended as
follows:
SECTION THREE. UNLAWFUL HOUSIN~ PRACTICES.
· .-(1) Unlawful housing practices - sale or rental.
.Except as provided in Section Four of this Ordinance, it
shall be unlawful and a discriminatory housing practice for an
ownert or..any other person engaging in a real estate
transaction, oF for a r6al estate broke=, because of race,
color, .... a,ces~yT national origin, religion, sex,
s~at~sT-a~e-familial status, or handicap=
. . A. To refuse to engage in & real estate transaction
with a person or otherwise make unavailable or deny he~s½mg
dwellina to any person.
.. ~. To discriminate against a person in the terms,
conditions or.-privileges of a real estate transaction or in
furnishing..of-.facllities or services in connection therewith,
or-becaue~ of his exercise of his right of free association.
C. To refuse to receive or fail to transmit a bona
fide..-offer to engage in a real estate transaction from a
D. To 'refqse to negotiate for a real estate
'transaction with a pers~n.
E. To represent to a person that
is not available for inspection, sale, rental or lease when in'
fact it is so available, cr to fail to bring a property lis=ing
to his a=tention, or ~o refuse to permit him to inspect the
F.' To make, print, publish or oirculate, post or
mail, or cause to be made, printed, published or circulated,
any notice, statement, advertisement or sign, or to usa a form
of applicat~on 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 ~n connection with a
prospective real estate transaction, which indicates directly
Words 9E&~ are added; Words st~ek-~h~e~qh are deleted.
Or indirectly an intent to make a limitation, specification, or
discrimination with respect thereto based uoon race. color.
rgliaign, sex. famll~ial status or national or~ain.
!~? ... 'G. To offer,' solicit, accept, use or retain a listing
· !~ of hous&ng a dwelltna with the understanding that a person may
[~i' be discriminated against' in a real estate transaction or in the
furnishing of facilities or services tn 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 heas*ng ~wellin~ in any
area? in' unincorporated Collier County for the purpose of
inducing or attempting to induce any such listing or'any of the
abovatranSactions for discriminatory purpose~.
..... I. To retaliate or discriminate in any manner against
any person because of his opposing a practice declared unlawful
by this 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. th~s Ordinance, or to obstruct or prevent any person from
complying with ~he .provisions of this Ordinance, or any
conciliation agreement entered into thereunder.
K. By canvassing to compel any unlawful practices
prohibited by the provisions of this Ordinance.
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 sale, sell, remove from, lease, assign, transfar~
or otherwise dispose of any haas~,g ~ by referring as a
part of a process or pattern of inciting neighborhood unrest;
community tension, or fear of racial, color, religious,
nationality, family composition, or ethnic change in any
~,.~
" street, block, neighborhood, or any other area, to the race,
Words underlined are added; Words atraek-thraa~h ara deleted.
color,, religion, familial status, or national origin of actual
or anticipated neighbors, tenants or other prospective buyers
of.~a~y.~s~nq dwellinG.. ...
M. To cause to be made any intentionally misleading
statement or a~vert[sement, or, in any other manner, attempt as
part.. ~f a process or pattern of inciting neighborhood unrest,
community., tension or fear of racial, color, religious, family
composition, nationality or ethnic change in any street, block,
neighborhood, ...or any other area, to obtain a listing of any
he~s½nq, dwellinc for sale, rental, assignment, transfer or
other disposition, where such statement, advertisement or other
representation is false or materially misleading~ or where
there 'ts'insufficient basis to Judge its truth or falsity or
t
warrant ricking the statement, or to make any other material
misrepresentations in order to obtain such listing, sale,
removal from, lease, assignment, transfer or other disposition
of said heHs~nq
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 belief that a bona
fide";offer is being made to sell, lease, assign, transfer or
otherwise dispos~ of.any h~us~nq dwelling that is not in fact
available or offered for sale, lease, assignment, transfer or
other d~sposition.
O. It is unlawful to discriminate in the sale or
rental of. or to otherwise make unavailable or deny. a dwelling
to any buyer 9r renter because of a handicap of=
1. That buyer or renter=
2. A person residina in or intendina to reside in
that dwellin~ ~£%er it is s01d. rented, or made available= or
], A~V person associated with the buyer Or
?. it ~s unlawful to discriminate against any person
in the terms, conditions, or privileges off sale or rental of a
Words ~ are added~ Words s~r~ek-th~su§h ara deleted.
dwelling, or in the provision of services or facilities in
[~:, connection with such dwelling, because of a handicao
i~ ... .~.~ . 1. That. buyer or renter~
~:' 2. A person residing in or intending to reside in
that dwellin~.'after it is sold. rented, or made available: or
3. Any person associated with the buyer or
renter.
[~, O. For DUrDOSeS of subsections CP) and ¢0~. discrimi-
natiqQ includgs:
,~: ...... 1. A refusal to permit, at the expense of the
~.:~ handicapped Person. reasonable modifications of
Dr~mises ~occuDied or to be OCCUPied by such pets'on if such
modifications may be necessary to afford such person full
en4ovment of the Dremises~ or
u 2. A refusal to make reasonable accommodations in
(!' rules, policies, practices, cr services, when such
accommodations may be necessary to afford such person e~ual
opportunity to use and en~oy a dwellinq.
R. Covered multifamilv dwellin~s as defined hergin
which are intended for first occupancy after March 13.
shall be designed and constructed to have at least one buildin~
~% , entrance on an accessible route unless it is impractical to d9
~': so because of the terrain or unusual characteristics of the
site as determined by Administrator rule. Such buildin~s shall
also be desioned and constructed in such a manner
1. The Public use and common use portions 9f such
dwellings are readily accessible to and usable by handicaDDed
~ersons~
'2. All doors desicned to allow Dassa=e into aqd
within all premises w~thin such dwellin~s are aufficien~l¥ wide
to allow Dassa~¢ bY ~ person in a wheelchair.
3. All premises within such dwellin;s contain
followin~ features of adaptive design:
a~ An accessible route into and through the
Words ynderlined ars added; Words st~e~-th~em§h are deleted.
~: .... bl ttoht switches, electrical outlet~
:! ~.ts. and other environmental controls in accesstbln
"' cY 'Reinforcements in bathroom walls ~o allol,f
~% '"~L(2) Unlawful housing practices - Block b~etlng.
'. ~" '"'~t shall be unlawful and a discriminatory housing practice
for a person, for the purpose of inducing a real estate
trarrsaction for which he may benefit financiallyl
:?r ' ....... ' A. To represent that a change has occurred or w111 or
may occur tn the composition, with respect to race, color,
. enees~yr national origin, religion, aox,
~.~4 ~[~~, or handicap, of the owners or occupants in the
block,-neighborhood, or area in which the hsasing-eeeemmedatSen
~ 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 schools tn
the blo.:k, neighborhood, or area in which the heas~ng
?.. eeeemme~ation ~ is located.
C. To make, as part of a process or pattern of
discouragihg the purchase, rental, occupancy or otherwise of
any hoas'i~qflF_911ill/ in a particular block, neighborhood or
4; area, any representation to a person known to be a prospective
~j.~: purchaser, that such block or neighborhood or area may undergo,
.. is undergoing or has undergone a change with respect to racial,
composition of such block o= neighborhood or area.
~ords ~ are addedl ~ords atraek-th~ea~h are deleted.
O. To engage in, or hire to be done, or to conspire
with:ip.the~s.9o cpmmit actions or activities of any nature, the
purpoep, of which is to coerce, cause panic, incite unrest or
create or play upon fear, with the intent to either discourage
or .lg~uce, or attempt to induce, the sale, purchase, rental or
lease or the listing, of any heus~nq aeeemmedatien dwellina.
~.:,~_~_K~..,.Fo~profit,.to _ induce or .attempt to induce any
person to sell or. not sell, or rent or not rent any heus~nq
dwellin=:.~ b~..representations regarding the ent~7 or prospective
entry/~nt~.th~nei~hborhood of a person or persons protected by
the. provisions .of this Ordinance.
.._l:.(~)..Unlawful..houeing ~raoticse - Financing.
.. A,..It.. shall be unlawful and a disc~iminatory housing
practice for any lending institution, to deny a loan or other
financial assistance to an applicant thereof for the purpose of
purchasing, constructing, improving, repairi~g or maintaining
hsus&nq A dwelling, or to discriminate against him in the
fixing of the amount, interest rate, duration, or other terms
or conditions of such loan or other financial assiata~ce,
because of the race, color, aneestryT national origin,
religion, sex, ma~eA--s~atHsT--aqeT familial status, or
handicap of such person or of any person associated with him in
connection with such l~an 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 heus~ng dwellina in relation to which such loan or other
/ financial assistance ~ ~s to be made or given~ provided, that
.. ~oth~ng contained in this subsection shall impair the scope or
effectiveness Of the exceptions contained in Section Four of
this Ordinance.
~¢1) It is unlawful ~or any person or entity whose
business includes enaa~in= in residential real estate
transactio~ ~9 d~scrim~nate aaa~nst any person ~n ma~q
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Words underlined are added~ Words et~Hek-th=eHgh are deleted.
available such a transaction, or in the terms or conditions of
such a. transaction, because of race. color, national ori,in.
sex. handicap, familial status, or relialon.
¢2~ As used in this subsection, the term
residential real estate transaction meams any of the
:. al The makina, or ~urchasin~ of loons or
providin~ other financial assistance~
¢1~ For Durcha~in~. construction.
i~p~gvi~, renairin~, or maintaining~ dwellin,= or
.... : ..... ¢2% Secured by reeidential real estate,
· ..... bl The selling, brokerina, or an~raisin~ of
residential real nronertv.
(4) U~lawful 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 he~s&nq dwellings, or to
discriminate against such person on the terms or conditions of
such access, membership or participation because of race,
color, aneestryr national origin, religion, sex, ma~taA
sta~sr-ager famifial status, or handicap.
SECTIO~ FOUR: Section four, Exemptions and Exceptions of
Collier County Ordinance No. 86-74 shall be amended as follows:
SECTION FOUR. EXEMPTIONS AND E~(CEPTIONS
(1) Nothing 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 limiting or from
advertising the sale, rental or occupancy of he~s~ng a dwelling
which it owns or operates for other than commercial purpose to
persons of the same religion, or from giving preference to such
persons, unless membershio i~ such relialon is restricted on
account of race. color, or national origin. Nor shall anything
,oo,· - -
Words underlined are added~ Words str~ek-thro~§h are deleted.
in this,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~t.owns or operates for other than a
commercial -.purpoe~,-from limiting the rental or occupancy of
Such.¥.'lOdgings' to its members or from giving preferenceto its
'. members.
':~ "'~ -~2~--_iNothing .in_Section .Three, e~ce9~ subsection I (F),
· shall apply to= _
~i_i_~_,~_A .... Any .-.single-family house sold or rented by its
owner~ provided, that such an individual owner does not own
more than three such single-family houses et any one time;
provid~d--.further, that in the case of the sale of any such
single-family house by a 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 shell apply only with respect to one
such'.sale within any twenty-four month period; providedr
i/i further,, that such bona fide private ~nd~v~dual owner does not
own any interest in, nor ks there owned or reserved on'his
behalf, under any e~press or voluntary agreement, title to or
~(~ any ~ights to all or a portion of the proceeds from the sale or
i:il rental of, more t~an three such single-family houses at any one
time; provided? further, that the owner sells or rents such
i~. he~s~nq dwelling: (1) without the use, ~n any manner, of the
sale or rental facilities or the sales and rental services of
any ~eal estate broker, agent, or salesperson, or of such
'i. facilities or services of any person in the business of selling
: ...?r renting ho~sEnq ~well[n~s, or of any employee or agency of
any such br~ker, 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 i (F) of this Ordinanq~; but nothing in this
provision shall prohibit the use of attorneys, escrow agents,
abstracters, title companies, and other such professional
.iiII assistance es necessary to perfect or transfer the title~ or
Words~ are added; Words strHek-thre~qh are deleted..
B. Rooms or units In he~s*nq dwellincs containing
living quarters occupied or intended to be occupied by no more
than:~,.four families living independently of each other, if the
,.~ o.w~..e~..ectu~%ly...m_ainpa!ns and. occupies one of such living
quarte~s as his residence, provided that the owner sells or
rents such rooms or units; (1) without the use in any manner of
the .~ales ~r.rsntal facilities or the $91es 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 ~eus~ng ~[H~, or of any employee or agency of
.any s~h broker, agent, salesperson, or person; and (2) without
t~.e.;publication, posting or mailing, after notice, of any
~.:' .a.d.~rt~se~nt or written notice in violation of Section Three,
subs~Ction I {F) ~._~1~~; but nothing in this
' ' provision shall prohibit the use of attorneys, escrow agents,
~' ab~tractors, title companies, ad other such professional
assistan~e as necessary to perfect or transfer the
.For the purpose of %~s ~ Subsection 2 o~
~ a person shall be deemed to be in the business of
selling or renting housing
.. ;. a. he has, within the ~receding twelve months'
!.~i' participated as ~rincipal, other than i, the sale of his
personal residence, in' providing sales or rental facilities or
.sales or rental services in three or more transactions
involving the sale or rental of any ~s~s*n~ dws11~nc or any
interest therein; or
b. he has, within the preceding twelve months,
participated as agent, other than in the sale of his own
personal residence, in providing sales or rental facilities-er
sa~es--e=-=enteA-~ee*~t~es or sales or rental services in two
or more transactions involving the sale or rental of any
~e~s~ng dwell iht Or any interest therein; or
c. he is the owner of any ~o~s&n~ dwellina
designed or intended for occupancy by, or ~ccupied by, five or
more families.
~ Words ~ are added; Words s~ek-~h~eugh are deleted.
(3) Nothing in Section Three shall be construed to:
A."' Ber-any-person--f~em-~es~r~e~ng-se~es?--~en~e~s?
~eesesT--e~-oee~paney-e~-f~om-g~v~ng-pre~e~enee-~o-pe~sons-ef-a
g~ven-age-fo~-b~na-f~de-ho~s~ng-~n~ended-so~e~y-fo~-~he-e~der~y
aA. ~ake ~t an unlawfu! act to require that a person
~ave ~egal capacity to enter into a contract or lease,
· e ~. nar any person from advertising or from refusing
to sell or rent any housing dwellin~ which is planned
exclusively for, and occupied exclusively by, ~ndividuals of
one sex, to any individual.of the opposite sex.
.. ~ ~. Bar any person from selling,..Tenting or
advertising any heus~nq dwelling which is planned exclusively
for,. and occupied exclusively by, unmarried individuals to
unmarried individuals only.
-: .~ 8~---Ba~-eny-persen-f~em-advert*s~nq--e=-~=em-re6~sAmq
te--sel~-e=-rent-any--he~s~nq-wh~eh-~s-p}enne~--e~e~s~ve~y-~e~
me~=~ed--ee~ples-w~he~t-eh~}dren-er-f~em--seqregae~nq-fam~*es
w~th-eh~}dren-te-spee&e~-~n*~s-ef-he~s*ng?
F. Bar any person from refusing to sell or rent any
heHs~nq dwellina to unmarried individuals cohabiting contrary
to law.
~. Bar any 'person from refusing a loan or other
· financial assistance to any person whose life expectancy,
according to generally accepted mortality tables, la less that
the term for which the loan iS requested.
f4) Nothtnc ~n section three recuires any person rentinc
or sell,nc a dwellinc constructed for first occupancy before
M~rch 13. '~991= to modify, alter, or addust the dwe11~nc in
order to PrOVide physical accessibility exceot as otherwise
recuired by law.
(~ A. Any Drovis~cn of Section Three recardinc familial
status does not aPPlY with respect to housina for older
Words underlined are added; Words st~ek-th~eu§h are deleted.
B. As used in this subsectiog, the t~m "housina for
older persons" means housina~
· .~ .... ~,~ .......... ~.~..Provided under any state or federal
that.-,th~.aommisston .determines is sPecificallY desianed and
oDereted..,to.assist elderly persons, as defined in the state or
: . federal Program;
,.. ,:,,. :- 2. Intended. for. and solely occuuied by. persons
62 years of a~e or older~ or
.,. 3. Intended and ouerated for occupancy by
lea~t one person 55 years of s~e 9r older Der unit.
' determinin~ whether housina =ualifiee as housin~ for older
· ?ii.. persons under this subparagraph, the commission shall consider
at least the followin~ factors~
Cai The existence of sianificant facilit~e~
and ~.services specifically desianed to meet the PhYsical or
social needs of older persons, or if Drovidina such facilities
and.,.ser.~ices is not practicable, such housin~ is necessary to
provide .important housina opportunities for older persons=
Cb% At least 80 percent of the units, ara
OCCUPied by at least one person ~ veers ofaae or older Der
~c) The Publication of and adherence
DolicieS and procedures which demonstrate an intent by the
owner or mans=er to provide housin~ for persons 55 Years of aq~
or older.
ii:'. C. Housina shall not fail to be considered housing
for older persons if:
1. A person who resides in such housin~ on or
after October 1. 1989. does not meet the see re~uirements of
this subsection, provided that any new occupant meets such
reo~irements: or
2. one or more units are unoccupied. Provided
~... that any ufioccuDied units are reserved for occupancy by Der~o~
who meet the aae reauirements of this subsection.
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Words underline~ are added~ Words strHek-th~e~§h are deleted.
SECTION FIVE: Section Six, Complaints of Collier County
Ordinance No.'86-74 shall be amended ae follows~
SECTION SIX. ~ ....
....... (1)?~.'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
pra¢.t~e.~nd .not later.
(2) The administrator shall treat a complaint referred by
theL~.S~crq%ary of Rousing and Urban Development or the Attorney
Ge~er&L...~f_.~he United States under the Fair Housing Act of
1968),=P_ublic. Law 90-284, as an .informal complaint_filed under
subsection 1.
(3) An informal complaint must be in writing, verified or
affir~ad,' on a form to be~supplied by the administrator and
shall_contain the following~
._.... ...... · A.. Identity ~ *~f the respondent(s).
...... B. Date of the offense and date of filing the
informal complaint.
.... . .... C. General statement of facts of the offense
includi~g the basis of the discriminatio, (race, color,
en=as~ry? nationa~ origin, religion, sex,
~ or handicap).
D. Name and signature of the complainant.
~espenden~s~-eonsen~-&m-wr&~&ng-~ha~-*~-sha~-be-made-p~b~e?
~S}(4) Within fifteen (15) days after the filing of the
informal complaint, the administrator shall transmit a copy of
the same to ~ach 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.
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it?: ~(5) 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 as promptly as practicable.
~(6) The administrator shall assist complainant(s) or
respondent(s) when necessary in the preparation and filing of
~ informal complaint or answers or any amendments thereto.
,., SECTION SIX= Section Eleven, Penalty, of Collier County
Ordinance No. 86-74 shall be amended as follows=
~ SECTION ELEVEN:
~... Violations of this Ordinance shall be prosecuted in the
same manner as misdemeanors are prosecuted and upoh 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 SEVEN: Construction and Severabllity.
This Ordinance shall be liberally construed to effectuate
!'~' its public purpose.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
~'-:'"~. restrlct£ve shall apply. If any Phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
i!~. competent Jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
~" shall not affect the validity of the remaining portion.
SECTION EIGHT. ~
il This Ordinance shall become effective upon receipt of
'~ notice from the Secretary of State that this Ordinance has been
%~... filed with the Secretary of State.
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PASSED AND DULY ADOPTED BY THE Board of County
Commissioners of Collier County, Florida, this ~/~ day of
, 1992.
DATED: BOARD OF COUNTY CO~ISSIONERS
ATTESTf..~.. COLLIER COUNTY, FLORIDA
~oved aa...to fo~ and
Richard
~s~stant County Attorney
fil~ ~~ ~ '
underlined are added; Words's~mek-%hre~gh are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, 3AMES C. GILES, Clerk of Courts In and roi' the
· * Twentieth Judlcla! C~rcuit, Collier County, Florida, do
hereby certify that the foregoing tea true copy of.-
Ordinance No. 92-9
which was adopted by the Board of County Commissioners on
the 4th day of February, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
· day of ~ebruary, 1992.
JAMES C. GILES
Clerk of Courts and Clerk ,'~'" . ""
.
Ex-officio to Board of
County CommAee~oners
By: /s/Maureen ~enyon
Deputy Clerk