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_ ORDINANCE NO. 9) 4 0
F 2 SERIES 1967
AN ORDINANCE ‘TO LIFECT EQUAL HOUSING
OPPORTUNITIES FOR ALL CITIZENS;
DEFINING DISCRIMINATION IN HOUSING,
AND PROVIDING PLNALTIUS FOR VIOLA-
TIONS THEREOF
WHEREAS, it is the public policy of the United States, the
Commonwealth of Kentucky, the City of Louisvillé and the County of Jefferson
to encourage fair treatinent and equal opportunity for all persons regardless
of race, color, religion or national origin; and
WHEREAS, discrimination against individuals because of race,
- color, religion, or national origin represents an affront to the dignity of
the individuals against whom it is directed, intensifies group conflicts and
is detrimental to the public health, safety and welfare; and 4
n
WHEREAS, discrimination in housing results in other forms of
3 -discrimination and-segregation,-including-racial-sesregation in the publics. - ~
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schools and other public facilities, which are prohibited by the Constitution
of the United States of Aiterica, and are against the laws and policy of tine
Commonwealth of Kentucky , the. City of Louisville and the County of Jefferson:
and |
WHEREAS, discrimination in housing adversely. affects the. continued —
redevelopment, renewal, One and progress of the City of Voulsviie and
County of Jefferson, and of its citizens:
NOW, THEREFORE, BE IT ORDAINED BY TH BOARD OF ALDERMEN OF THE CITY OF
LOUISVILLE, TIMAT:
SECTION ONE. DECLARATION OF POLICY. It is the policy of the City
of Louisville to safeguard all individuals within the City from discrinina-
tion because of race, eclor: rcligion, ancestry, national crigin. or place of
birth in connection with housing: thereby to protect their interest in
personal dignity and freedom from humiliaticn, to make available to the
_ City their full productive capacities, to sective the City against strife
and unrest which would menace its democratic institutions and to preserve
. the public safety, heajth and general welfare. d
) “SECTION TWO. DEFINITIONS. When used herein:
(A) 'Comnission" means the Louisville and Jefferson County Human
Relations Commission as authorized by, Ordinance 193 of the 1966 Ordinances
of the City of Louisville and the resolution of the Jefferson County Fiscal _
Court dated Decenber 6, 1966.
(B) "Commissioner"! means a member of the Louisville and Jefferson
County Human Relations Commission. . 7d
(C) "Real Property'' includes buildings, structures, real estate,
e .
lands, tenements, leaseholds, co-operatives, condominiums and hereditaments,
corporeal and incorporeal.
ee ee ee at ag Seam
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race, color, religion, ancestry, national origin or place of birth, and
includes segregation. |
(E) "Person" includes an individual and an ero of one or more
natural persons such as, but not limited to, labor unions, joint apprentice--
ship committees, partnerships, associations, corporations, unincorporated
organizations, mutual companies, joint-stock companies ,. trusts; legal
representatives, trustees in bankruptcy, receivers, any individuals acting
in a financial or representative Capacity, either appointed by a Court or
otherwise, the City and County or any of its agencies, and any other legal,
governmental or commercial entity, as well as a natural person or persons.
The term “persons”, when applied to any of the foregoing, inclines members ,
representatives, officers and directors.
“(F) “Owner" includes a lessee, Falk taesoes co-tenant, assignee,
managing agent or ‘other person having the right of ownership or possession,
(D) Discrimination" ineans any difference in treatment based on
BB eis a LL Le i ee ee ST a i i i le th la ald eekleec s le te
or the right to scll, rent or lease any housing accommodation.
(G) “Financial Institution" means any person, as defined herein,
engaged in the business of lending money or guaranteeing losses.
(H) "Real Estate Broker" or ''Real Estate Salesman" means an
individual, whether licensed or not, who, for a fec, commission. salary or
for other valuable consideration, or who with the intention or expectation
of receiving or collecting same, lists, sere purchases, exchanges, rents
or leases any housing seconmmdation: including options thereupon, or who
negotiates or attempts to negotiate such activities; or who advertises or
holds himself out as engaged in such activities: or who negotiates or
’
attempts to negotiate a loan, secured by a mortgage or other encumbrance,
upon transfer of any housing accommodation; or who is engaged in the
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‘business of charging an advance fee or contracting for collection of a fee
in connection with a contract whereby he undertakes to promote the sale,.
purchase, exchange, rental or lease of any housing accommodation through its
Listing in a publication issued primarily for such purpose: or an deidinnidust
employed by or acting on behalf of any of these.
(1) "Housing Accommodation" means (1) any parcel or parcels of
real property or lands, or any interest therein, whether contiguous or non-
contiguous, located in the City of Touisville, used for the Biilaine of one
or more housing or rooining units owned by, or otherwise subject to the
control of, one or more persons: and/or (2) any real property, or any é
interest therein, located. in the City of Louisville; and/or (3) any single
family dwelling or multiple family dwelling, or any portion thereof, includ--
ing a housing unit or a rooming unit, or any interest therein, located in
the City at heave: which is used or occupied, or intended, arranged,
assigned or designated to be used or occupied, as the home, homesite, |
residence or sleeping place of Gne or more persons.
(J) "Housing Unit" incans a single room, suite of rooms or apart-,
ment, containing cooking and kitchen facilities, occupied, or intended for
occupancy as living quarters, by a person, by a family or by a group of
persons living together. .
(K) “Rooming Unit'' means any room or group of rooms forming a
single, habitable unit used for living or sleeping, but which does not
contain cooking and kitchen facilities. |
: (L) "“Canvassing'"' includes door to door solicitation, or solicita-
tion by the use of circular advertisements or any other means where the
canvasser or his employer has not been requested by ie owner, as defined
BS herein, to obtain a listing of any housing accommodation or to confer with
the owner regarding a transaction involving a housing accommodaticn.
(M) "Purchaser" includes any occupant, prospective occupant,
‘lessee, prospective lessee, -sublessee, prospective sublessee, tenant,
prospective tenant, assignee, prospective assignee, buyer, prospective buyer
or any other person seeking the right of ownership or possession, or any
agent of any of these.
(N) "A member of his family" means the owner and his spouse and
any son, daughter, parent or grandparent of the ommer or his spouse.
SECTION THREE. UNLAWFUL PRACTICES. In connection with any of the
- transactions set forth in this Section which affect any housing accommoda-
| tion on the open market, or in connection with any public sale, purchase,
erence, rental or lease of any housing accommodation, it shall be a
prohibited, unlawful practice for a person, owner, financial institution, —
real estate broker or real estate salesman, or any representative of the
above, to: ; |
(A) ftefase to sell, nurchase, exchange, rent or lease, or other-
wise deny to or withhold any housine accommodation From a person because
of his race, color, relision, ancestry, national origin or place of birth; or .-
e
(B) To discriminate against a person in the terms, gonautione :
or privileges of the sale, purchase, exchange, rental or lease of any
housing accommodation, or in the furnishing of facilities or services in
connection therewith; or
(C) Yo refuse to seedive or transmit & bona fide offer to: sell,
purchase, exchange, rent or lease say houstite accommodation from or to a
person because of his race, color, religion, ancestry, national origin or
place of birth; or . 3 |
(D) To refuse to negotiate for the sale, purchase, exchange
rental or lease of any housing accommodation to a person because of his race,
color, religion, ancestry, national origin or place of birth; or
(E) To represent to a person that any housing accommodation is
‘not available for inspection, sale, purchase, exchange, rental or. lease when
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‘in fact it is so available, or to refuse to permit a person to inspect any
+
housing accommodation, because of his race, color, religion, ancestry,
national origin or place of birth; or
(F) To print, circulate, post or mail, or cause to be printed,
circulated, posted or mailed, any notice, statement or advertisement, or to
announce a policy, or to sign or to use a form of application for the sale,
purchase, exchange, rental, lease or financing of any housing acconsodation, |
or to make a record of inauiry in connection with the prospective sale,
purchase, exchange, rental , lease or financing of any housing accommodation,
which indicates, directly. or indirectly, any discrimination or any intent
to make a discrimination, | 2:3
(G) To offer, solicit, accept Sp use a fisting or any housing
accomodation for sale, purchase, exchange, rental or lease with the under-.
standing that a person may be subjected to discrimination in conection with
such sale, picchass. exchange, rental or eee or in the furnishing of
facilities or services jn connection therewith: or :
(H) To induce directly or indirectly, or attempt to induce
directly or indirectly, the sale, purchase, exchange, rental or lease, or
ee
the listing for any of the above, of any housing accommodation, by represent-
ing that the presence or anticipated presence of persons of any particular
race, color,religion,
area to be affecte
or may result in:
| (1) The lowering of Broperty values in the ee or
An increase in criminal or antisocial behavior
in the area; or
(3) A decline in the quality of the schools serving
the area; or a
(I) To make any misrepresentations concerning the listing for
for
-any! of the above, or the sale; yurchase, exchanse, rental or lease of. any
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housing accommodation in any area in the City of Louisville for .the purpose
of inducing or attempting to induce any such listing or any of the above
transactions; or
(J) 7o place a sign purporting to offer for sale, purchase,
exchange, rental or lease any hous ing accommodation that is not, in fact, so
offered: or
{K) To advertise for sale, purchase, exchange, rental or lease
any housing accommodation which 1s non-existent, or which is not actually
being offered for any of the above: or
(L) To ean ie n, or hire to be done, or to conspire with others
to conmit acts or activities of any nature, the purpose of which is to
coerce. cause panic, incite unrest or create or play upon fear, with the
purpose of cither discouraging or inducing, or attempting to induce, the
sale, purchase, éxchanee, rental or Lease, or the Listing for any of the
above, of any housing accomadation: or’,
(M) To retaliate or discriminate in any manner against a person ”
because he has opposed 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, hearing or conference ile
this Ordinance. |
(N) To aid, abet, incite, compel or coerce any person to engage
in any of the practices prohibited by this Ordinance; or to obstruct. or
prevent any person from complying with the provisions of this Ordinance; or
(0) To obstruct or prevent a person from complying with the |
provisions of this Ordinance, or ‘any order issued thereunder; or
| “(P) To resist, prevent, impede or interfere with the Connission
or any of its members or representatives, in the lawful performance of its
-or their duty under this Ordinance; or
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(Q) To, by canvassing, do any of the unlawful practices pro-
“hibited by this Ordinence; or
(k) To otherwise deny to, or withhold any housing accommodation
from, a person because of his race, color, religion, ancestry, national
origin or place of birth.
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SECTION FOUR. EXEMPTIONS. The provisions of this Ordinance
shall not apply:
(A) To the rental or lease of any housing units in a housing
accommodation which contains not more than four housing units, if the
owner or a member of his family resides in the housing accommodation; or
(B) To the rental or lease of any rooming units in a housing
unit, if the owner or a member of his family resides in the housing unit;
i. | ;
(C) To the rental or lease of any rooming units in a house in
‘which the owner of the entire house or a merber of his family resides.
SECTION FIVE. POWERS OF ‘THE COMMISSION. The Scniniscnarien and |
enforcement of this Ordinance shall be the responsibility of the Louisville
and Jefferson County Human Relations Commission, and it shall have full
operating responsibility for carrying out the provisions of this Ordinance.
In addition to any powers or duties heretofore conferred on said Commission,
it shall have the power and duty to:
:..(A)..Meet and exercise its powers at any place within the City of
Louisville;
(B) Employ attorneys, hearing examiners ,. clerks and other
employees and agents, and to appoint and empower conmittees and divisions
‘to assist in effecting the purposes and provisions of this Ordinance;
_{C) Accept gifts or bequests, grants or other payments , public
-Or private, to help finance its activities;
(D) Receive, initiate, investigate, seek to conciliate, hold
hearings on end pass upon complaints alleging violations of this
. Ordinance;
| (E) Administer oaths: -
fan) Conpel the attendance of witnesses and the production of
evidence before it by subpoena issued by the Jefferson County Circuit
Court;
(c). Issue remedial orders requiring Cessation of violations of
this Ordinance; .
- (H) Issue such affirmative orders as in the judgment of the
Comnission will carry out the purposes of this Ordinance. Affirmative
action ordered may include, but is not limited to: |
: ‘The sale, purchase, exchange, lease or rental
of any housing accommodation to a person who
has been determined to have been discriminated
against: under the terms of this Ordinance:
)- The cancellation and surrender to the Commission
of a contract, decd, lease or other instrument
selling, purchesing, exchanging, renting or
leasing any housing accommodation, ‘which is the‘
subject of a conplaint of discriminatory practice,
to a person who had knowledge or notice of said
complaint prior to the transfer or the execution
of the instrument;
Ordering execution and delivery of a contract;
deed, lease or other instrument selling, purchas-
ing, exchanging, renting or leasing any “housing
accommodation, which is the subject of an unlawful
practice prohibited by this Ordinance, to any
person agsrieved by said unlavful act;
Applying to the’ Jefferson County Circuit Court for
such temporary or permanent relief as-it deems
Sees ssary; where such relief is granted notice of
ame shall be promptly filed in the Office of the
County Court Clerk of Jefferson County, peta
o Subject to approval of the Board of Aldermen, adopt,
promulgate, amend and rescind rules and regulations to effectuate the
’ purposes and provisions of this Ordinance, including regulations requiring
the posting of notices prepared or approved by the Conmission; aia
oe “-. -(J3) Exercise all other applicable powers as provided in the
Kentucky Civil Rights Act (K.R.S. 344.320, 344.330, 344.340, 344.350).
SECTION SIX. PROCEDURE.
(A) Any person or persons claiming to be oper teen by an unlawful
"practice prohibited by this “Ordinance my, file a written complaint in
_accordance with the rules and eng iataoas of the Commission. The complaint
must be filed within 30 days after the aggrieved person becomes aware of the
alleged unlawful practice, and in no event more than 60 days after the
alleged unlawful practice occurred. Any member of the Commission who has :
reason to believe an unlawful practice has occurred may file a, complaint
naming the Commission itself as the party complainant.
(3) Upon receipt of a complaint, the Comission shall serve the
complaint end a written resume setting forth the rights of the parties and
the procedures to be followed by the Cormission in the investigation and
OO a
adjudication of the complaint upon the person or persons charged with a
violation of this Ordinance, (hereinafter referred to as the "respondent",
“whether one or more persons). }
(C) Upon receipt of a complaint, the staff of the Conmission shall
conduct a preliminary investigation of the complaint and shall within 21
. days after service of the complaint on the respondent render a written report t
to the Commission.
) (D) The Conmission shall within 10 days after receipt from the
Staff of the Commission of the report of the preliminary investigation
determine whether there is probable cause to believe that an unlawful’
practice has’ been committed: | |
} (1) If the Commission determines that there is no
such probable cause, the complaint shall be
. . dismissed. :
se a= (2). I£ the Comnission determines that there is such
> iF probable: cause, the ‘Commission shall make an
effort to eliminate the unlawful practice by
‘conference and conciliation, in accordance with
the Rules and Repulations of the Commission.
(E) Within 30 days after the Comission has determined that
_ probable cause exists, unless an order has been issued dicnissine the con-
plaint or stating the terms of a conciliation agreement, a hearing shall be
called and held in accordance with the rules of the Coinission,
(F) Any endeavors or negotiations for conciliation shall not be
received in evidence, and shall be held confidential by the Conmission and
its staff.
(G) Upon the conclusion of the hearing, an adjudicative order
shall be issued and served upon the complainant(s) and respondent.
(II) Proceedings may be re-opened upon eon of any agerieved
party, except that an application to re-open must be filed within 10 days’
of service of the adjudicative order upon such aperieved party.’
‘iD
proceedings under this Section.
(5) ~ in any proceedings under this Section, the respondent ma
file a written answer to the complaint and may appear at the hearing in person
or otherwise, with or without counsel, and submit evidence and be heard, The
Commission in conducting any hearing nay permit reasonable amendments to any
“complaint or answer, and any testimony taken at the hearing shall be under
oath and shall be fully transcribe :d. All relevant. testimony shall be privi-
leged to the extent that said testimony v0 uld be privileged in the courts of
the Commonwealth of eeu:
(J) In connection with an investigation of a complaint filed
under this Ordinance, the Commission, or its dcsimated sen eecntates: may
t eny reasonable time request access to the premises, records and documents
relevent to the complaint and shall have the right to examine, photograph
ra copy evidence. If a person fails to permit access, examination, photo-
§ i 3
graphing or copying of records or documents relative to the complaint, the
_ C03 miss) ion may epply_ to the Jeffer rson County Circuit Court. for an order
requiring compliance.
=k} AGl earings held under and pursuant to this Ordinance shall -
be open to the public. ‘
(L) In computing time or periods of time under this Ordinance,
Sundays and National holidays shall be excluded.
7 (M) ‘All papers or pleadings required by this Ordinance, to be
served shall - served in accordance with the Kentucky Rules of Civil
Procedure.
(N) At any time after a complaint has been filed, the Commission
may file an action in the Jefferson County Circuit Court seeking appropriate
temporary relief against the respondent, pending final determination of
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., to prevent the questions presented to the Commission from
_ order.
(0) At any time after a complaint has been filed, the Commission
may file an action in the Jefferson County Circuit Court seeking such
appropriate relief against any person as it may deem necessary to prevent.
any change of position between the complainant(s) and. the respondent and/or
becoming moot,
(P) If the Comission determines that any respondent has conmitted
an unlawful act prohibited by this Ordinance, and the said respondent ‘refuses
to comply with or obey the order issued by the Commission, the Comission may
file an action in the Jefferson County Circuit Court seeking enforcement of
Said order.
(Q) The Comission may file suit in the Jefferson County Circuit
Court seeking enforcement of any of its orders issued pursuant to this
Ordinance.
€ :
a SECTION SEVEN, APPHAL. Any respondent or complainant agerieved
ours
by a final order of the Commission, or any. complainant aggrieved by the
dismissal of his complaint by the Commission, may obtain a review of such
- order in the Jefferson County Circuit Court by filing with the Clerk of said
Court, within 30 days after service upon him of said order, a written
petition in duplicate praying that such order be modified or set aside, an’
_ by serving a duplicate copy of the petition on the Comnaission. The Commission
shal] then cause to be filed in said Court a certified transcript of the
.record in the proceedings before ‘it, including the pleadings, testimony and
~ SECTION EIGHUP, PLNALTINS.
(A) If the Comnission finds that any person has committed an
unlawful practice as defined in this Ordinance it may subject such person
©
to a fine not exceeding $100.00, The Comaission may, if such person refuscs
#3
to pay the fine, file an action in, the Jefferson County Court for the.
collection thereof.
"ts
(8) 2 a real estate broker, a real estate salesman or an
employee thereof has failed to conply with any order issued by the
Commission, or has been found to have committed an unlawful practice in
violation of this Ordinance, the Commission shall so notify jin writing the
- Real Estate Commission of the comme anecnan of Kentucky.
(C) Should the Commission determine.at any time that a complaint
filed with it alleging a violation of this Ordinance was filed in bad faith,
the Connission shall fontiocth issue an order requiring the complainant (s)
to pay to the respondent the arount of the reasonable expenses caused the
respondent by the filing of said complaint, including reasonable attorney's
“fees; and suth order may be enforced in the same manner as any ather andes
¥
issued by the Commission pursuant to the provisions of this Ordinance.
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o-* ‘SECTION NINE. SEVERABILITY OF PROVISIONS. If any provision of
__ this. Ordinance or.the. application thereof to any eventuality or circunstance,
“should be held to be invalid, such invalidity shall not affect the other
- provisions or applications of this Ordinance, which Shalt be and continue in
effect without the invalid provision or application; and to this end, the
provisions of this Ordinance are severable.
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SECTION TEN. EFFECTIVE DATE. This Ordinance shall take effect
‘upon its passage and approval.
-
NOSBIAy oPOB AL
EFFECTIVE Dec. 26 | 1967 | = ; "MAYOR
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