Fair Housing

CHAPTER 93: FAIR HOUSINGequalhousinglogo

 

Section

93.01   Purpose
93.02   Definitions
93.03   Unlawful acts
93.04   Handicapped person; discriminatory practices prohibited; design and construction standards
93.05   Transaction related to residential real estate; discriminatory practices prohibited
93.06   Multiple listing service; other service; discriminatory practices prohibited
93.07   Religious organization, private home; private club, or housing for older persons; restricting use not prohibited
93.08   Information

93.99   Penalty

 § 93.01 PURPOSE.

The purpose of this chapter is to promote the general welfare of the residents of Schuyler, Nebraska, by endorsing the provisions of the Nebraska Fair Housing Act, Neb. RS 20-301 through 20-344, to the effect that there shall be no discrimination in the City of Schuyler, Nebraska, in the acquisition, ownership, possession, or enjoyment of housing in accordance with Article I, Section 25, of the Constitution of the State of Nebraska.
(Neb.RS 20-113) (1972 Code, § 10-801) (Ord. 845, passed 1-3-1995)

§ 93.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGRIEVED PERSON. Any person who:

(1) Claims to have been injured by a discriminatory housing practice; or

(2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur.

COMMISSION. The Nebraska Equal Opportunity Commission.

DWELLING.  Any building, structure, or portion thereof which is occupied as or designed or intended for occupancy as a residence for 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, structure, or portion thereof.

FAMILIAL STATUS.  One or more minors being domiciled with:

(1) A parent or another person having legal custody of the individual; or

(2) The designee of a parent or other person having legal custody, with written permission of the parent of other person.

HANDICAP.  With respect to a person:

(1) A physical or mental impairment, excluding the current illegal use of or addiction to a controlled substance as defined in Neb. RS 28-401, which substantially limits one or more of the person’s major life activities;

(2) A record of having such an impairment; or

(3) Being regarded as having such an impairment.

PERSON.  Shall include one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies; trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

RENT.  Shall include lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant.

RESTRICTIVE COVENANT. Any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status, or ancestry.
(Neb. RS 20-304 through 20-317) (1972 Code, § 10-802) (Ord. 845, passed 1-3-1995)

§ 93.03 UNLAWFUL ACTS.

(A) (1) Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit and offer for a dwelling to any person because of race, color, religion, national origin, familial status, or sex;

(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, national origin, familial status, or sex;

(3) Make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, handicap, familial status, or sex or a intention to make any preference, limitation, or discrimination;

(4) Represent to any person because of race, color, religion, national origin, handicap, familial status, or sex that any dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available;

(5) Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, handicap, familial status, or sex of a person seeking to purchase, rent, or lease any housing;

(6) Include in any transfer, sale, rental, or lease of housing any restrictive covenant pertaining to housing;

(7) Discharge or demote an employee or agent or discriminate in the compensation of the employee or agent because of the employee’s compliance with this chapter or the Nebraska Fair Housing Act; and

(8) Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons or a particular race, color, religion, national origin, handicap, familial status, or sex.

(B) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in process of securing legal custody of any minor.
(Neb. RS 20-318) (1972 Code, § 10-803) (Ord. 845, passed 1-2-1995) Penalty, see § 93.99

§ 93.04 HANDICAPPED PERSON; DISCRIMINATORY PRACTICES PROHIBITED; DESIGN AND CONSTRUCTION STANDARDS.

(A) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:

(1) The buyer or renter;

(2) Any person associated with the buyer or renter; or

(3) A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available.

(B) Discriminate against any person in the terms, conditions, or privileges of sale of a dwelling or in the provision of services or facilities in connection with a dwelling because of a handicap of:

(1) The person;

(2) Any person associated with the person; or

(3) A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available.

(C) For purposes of this section, discrimination shall include:

(1) A refusal to permit, at the expense of the handicapped person reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2) A refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford the handicapped person equal opportunity to use or enjoy a dwelling; and

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after 1-3-1995, a failure to design and construct the dwellings in such a manner that:

(a) The public use and common use portions of the dwelling are readily accessible to and unable by handicapped persons;

(b) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(c) All premises within the dwellings contain the following features of adaptive design:

  1. An accessible route into and through the dwelling;
  2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
  3. Reinforcements in bathroom walls to allow later installation of grab bars; and
  4. Kitchens and bathrooms such that a handicapped person in a wheelchair can maneuver about the space.

(D) Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ANSI A117.1, shall satisfy the requirements of this section.

(E) For purposes of this section, covered multifamily dwellings shall mean:

(1) Buildings consisting of four or more units if the buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four or more units.

(F) Nothing in this section shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(Neb. RS 20-319) (1972 Code, § 10-805) (Ord. 845, passed 1-3-1995) Penalty, see § 93.99

§ 93.06 MULTIPLE LISTING SERVICE; OTHER SERVICE; DISCRIMINATORY PRACTICES PROHIBITED.

It should be unlawful 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 or to discriminate against any person in the terms of conditions of such access, membership, or participation on account of race, color, religion, national origin, handicap, familial status, or sex.
(Neb. RS 20-321) (1972 Code, § 10-806) (Ord. 845, passed 1-3-1995) Penalty, see § 93.99

§ 93.07 RELIGIOUS ORGAINZATION, PRIVATE HOME; PRIVATE CLUB, OR HOUSING FOR OLDER PERSONS; RESTRICTING USE NOT PROHIBITED.

(A) Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society for limiting the sale, rental, or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to such persons unless membership in such religion is restricted on account of race, color, national origin, handicap, familial status, or sex.

(B) Nothing in this chapter shall 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 commercial purposes, from limiting the rental or occupancy of the lodging to its members or from giving preference to its members.

(C) Nothing in this chapter shall prohibit or limit the right of any person or his or her authorized representative to refuse to rent a room or rooms in his or her own home for any reason or for no reason or to change tenants in his or her own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or family within his or her home.

(D) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.  For purposes of this division (D), HOUSING FOR OLDER PERSONS shall mean housing:

(1) Provided under any state program that the commission determines is specifically designed and operated to assist elderly persons or defined in the program;

(2) Intended for and solely occupied by persons 62 years of age or older; or

(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Neb. RS 20-322) (1972 Code, § 10-807) (Ord. 845, passed 1-3-1995)

§ 93.08 INFORMATION.

The Municipal Clerk upon request shall make available to an aggrieved person, or any other person, information regarding the Nebraska Fair Housing Act and the Nebraska Equal Opportunity Commission without cost to the individual.
(Neb. RS 20-301 through 20-322) (1972 Code, § 10-808) (Ord. 845, passed 1-3-1995)

Municipal Clerk – Mary Peschel, 1103 B Street, Schuyler, NE  68661, (402) 352-3101

§ 93.99 PENALTY.

Any person who violates any of the prohibitions or provisions of this chapter shall be deemed guilty of a misdemeanor.  Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for the violation shall be in any amount not to exceed $500 and/or shall be imprisoned for any length of time not to exceed three months, in the discretion of the court.  Nothing herein shall prevent prosecution under state law where the possible penalty, either fine or imprisonment, exceeds the limits specified herein.
(1972 Code, § 10-901) (Ord. 905, passed 11-2-1999)