Title 408 · Chapter 408 - FAIR HOUSING
Chapter 408 - FAIR HOUSING
Section: 408
Sec. 406.507. - Compliance with Chapter 462, Ordinance Code. TITLE XII - FIRE PREVENTION CODE Chapter 408 - FAIR HOUSING[1]
Footnotes: --- (1) ---
Editor's note— Ord. No. 96-1089-659 repealed former Chapter 408 and added a new Chapter 408 as set out herein. Former Chapter 408 derived from Ord. 80-718-350; Ord. 82-961-535; and Ord. 83-591-400.
State Law reference— Basic rights, Fla. Const. Art. I, § 2; due process, Fla. Const. Art. I, § 9; fair housing, F.S. § 760.20 et seq.
PART 1. - GENERAL PROVISIONS
Sec. 408.101. - Short title.
This Chapter shall be known and may be cited as the Jacksonville Fair Housing Ordinance.
(Ord. 96-1089-659, § 1)
Sec. 408.102. - Declaration of policy.
The City declares it to be the policy of the City to provide, within the limits of the Constitution of the United States, fair housing for all people within the City. The availability of adequate housing without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, handicap, familial status or marital status is a matter of concern to the people of Jacksonville and more particularly of concern to the City in providing for the health, welfare, safety and morals of the people of Jacksonville.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 16; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.103. - Objectives.
The objectives of this Chapter and of its several provisions are to provide a positive means for the implementation of the policy declared in Section 408.102 and to discourage and eliminate discriminatory practices in a fashion similar to the United States Department of Housing and Urban Development and the Jacksonville Human Rights Commission under federal law, and particularly under Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); the Fair Housing Amendments Act of 1988 (Public Law 100-430); the 1964 Civil Rights Act; Title 41 U.S.C. of 1982; F.S. §§ 760.20—760.37, as amended, and Executive Order of 11063.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 17)
Sec. 408.104. - Reserved.
Editor's note— The provisions of former § 408.104, relative to source of authority, were deleted as part of the Super Supplement to the Code. Former § 408.104 derived from Ord. 96-1089-659, § 1.
Sec. 408.105. - Definitions.
In this Chapter, unless the context otherwise requires:
(a)
Aggrieved person includes any person who:
(1)
Claims to have been injured by a discriminatory housing practice; or
(2)
Believes that he/she will be injured by a discriminatory housing practice that is about to occur.
(b)
Building contractor includes any person engaged in the designing, redesigning, construction, reconstructing, repairing or remodeling of any housing facility within the City.
(c)
Commission means the Jacksonville Human Rights Commission established by Chapter 60.
(d)
Complainant means a person including the Commission who files a complaint under this Chapter.
(e)
Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent, and the Commission.
(f)
Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.
(g)
Discriminatory housing practice shall mean any act that is unlawful under 42 U.S.C. 3604, 3605, 3606, 3607 or 3617.
(h)
Dwelling means:
(1)
Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or
(2)
Any vacant land that is offered for sale, or lease for the construction or location of a building, structure, or part of a building or structure described by paragraph (1) above.
(i)
Executive Director means the Executive Director of the Jacksonville Human Rights Commission.
(j)
Family means one individual living alone and two or more individuals living together as a unit.
(k)
Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with:
(1)
A parent or another person having legal custody of such individual or individuals; or
(2)
The designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(l)
Gender identity shall mean the gender-related identity, appearance, or expression of a person. Gender identity may be demonstrated by a person's consistent and uniform assertion of a particular gender identity, appearance or expression, or by any other evidence that a person's gender identity is sincerely held, provided, however, that gender identity shall not be asserted for any improper, illegal or criminal purpose.
(m)
General counsel means the General Counsel of the City of Jacksonville.
(n)
Handicap means a mental or physical impairment that substantially limits at least one major life activity, a record of such impairment, or being regarded as having such an impairment. The term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). In this Part, a reference to "an individual with a handicap" or to "handicap" does not apply to an individual because that individual is a transvestite.
(o)
Housing facility means and includes any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as the home, living quarters or residence of one or more families, and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.
(p)
Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under 11 U.S.C. 101 et seq. (Bankruptcy Code), receivers and fiduciaries.
(q)
Real estate broker includes any person duly licensed as a real estate broker under the laws of the state.
(r)
Real estate salesperson includes:
(1)
Any person, whether licensed or not, who:
(i)
For a fee, commission, salary or other valuable consideration or collecting the same, lists, sells, purchases, exchanges, rents, leases, or otherwise transfers real estate, or improvements thereon, including options, or
(ii)
Negotiates, or attempts to negotiate, such an activity or
(iii)
Advertises or holds himself out as engaged in such activities, or
(iv)
Negotiates, or attempts to negotiate, a loan secured by a mortgage or other encumbrance, upon a transfer of real estate, or
(v)
Is engaged in the 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, lease, rental or other transfer of real estate through its listing in a publication issued primarily for such purposes; and
(2)
A person employed by or acting on behalf of any of these.
(s)
Religious Organization shall mean and include churches, synagogues, mosques, and schools of religious instruction and non-profit institutions or organizations affiliated therewith, as well as any "religious corporation, association or society." The phrase "religious corporation, association or society" shall be interpreted consistent with Section 2000e-(1)(a), United States Code.
(t)
To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(u)
Respondent means:
(1)
The person or other entity accused in a complaint of a violation of this Part; or
(2)
Any person identified as an additional or substitute respondent under this Part of an additional or substitute respondent.
(v)
Sexual orientation shall mean an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.
(Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 18; Ord. 2017-15-E, § 3; Ord. 2020-244-E, § 5)
Sec. 408.106. - Construction.
This Chapter shall be liberally construed to effect the policy stated in Section 408.102. In addition, this Chapter shall be consistent with and supplement the statutes and regulations of the United States concerning fair housing. It is the intent of the Council that this Chapter shall be considered a local law implementing a federal, constitutional and statutory mandate by requiring fair housing, establishing an investigatory mechanism and removing any local impairment and frustration thereof or impediment to the execution of this mandate in the manner prescribed in this Chapter.
(Ord. 96-1089-659, § 1)
Sec. 408.107. - Commission to administer Chapter.
The Commission shall be responsible for the administration of this Chapter and for seeing that its provisions are observed and enforced. The Commission is empowered to make all necessary rules to accomplish this responsibility, which rules shall not become effective until approved by the Council, and; by rule, to delegate administrative and investigative authority to the Executive Director. The Commission is directed and authorized to seek substantial equivalency rating and recognition from the United States Department of Housing and Urban Development and other necessary federal agencies for Title VIII enforcement within the General Services District.
(Ord. 96-1089-659, § 1)
Sec. 408.108. - Cooperation with federal, State and local agencies administering fair housing laws.
The Commission may cooperate with State, federal and other local agencies charged with the administration of federal, State and local fair housing laws and, with the consent of these agencies, utilize the services of the agencies and their employees in carrying out the purposes of this Chapter but all agreements shall be executed by the Mayor and Corporation Secretary and countersigned by the Executive Director.
(Ord. 96-1089-659, § 1)
Sec. 408.109. - Reserved.
Editor's note— The provisions of former § 408.109, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 408.109 derived from Ord. 96-1089-659, § 1.
PART 2. - FAIR HOUSING
Sec. 408.201. - Exemptions.
(a)
Nothing in Part 4 of this Chapter (other than Section 408.402) shall apply to:
(1)
Any single-family house sold or rented by an 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 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 shall apply only with respect to one such sale within any 24 month period. Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf; under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of; more than three such single-family houses at any one time. Provided further, that the sale or rental of any such single-family house shall be excepted from the application of this Chapter only if such house is sold or rented (i) 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 salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (ii) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 408.402 of this Chapter; but nothing in this proviso 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
(2)
Rooms or units in dwellings containing living quarters occupied or intended 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.
(b)
Business of selling or renting dwellings defined. For the purposes of this Section 408.201, a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2)
He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 96-1089-659, § 1)
Sec. 408.202. - Religious organization and private club exemption.
(a)
This Part does not prohibit a religious organization, as defined in this Chapter, from:
(1)
Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or
(2)
Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.
(b)
With regard to discrimination based on sexual orientation or gender identity, this Chapter shall not apply with regard to any action of, or decision made by, a religious organization as defined in this Chapter.
(c)
This Part does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
(Ord. 96-1089-659, § 1; Ord. 2020-244-E, § 5)
Sec. 408.203. - Numbers of occupants; housing for older persons.
(a)
Nothing in this Chapter limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this Chapter regarding familial status apply with respect to housing for older persons.
(b)
As used in this Section, "housing for older persons" means housing:
(1)
Provided under any local, State or federal program that the Executive Director determines is specifically designed and operated to assist elderly persons (as defined in the local, State or federal program); or
(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. In determining whether housing qualified as housing for older persons under this subsection, the Executive Director shall develop regulations which require at least the following factors:
(i)
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
(ii)
That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
(iii)
The publication of; and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(iv)
The housing facility or community complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, which shall:
(a)
Provide for verification by reliable surveys and affidavits; and
(b)
Include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of clause (iii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
(c)
Housing shall not fail to meet the requirements for housing for older persons by reason of:
(1)
Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections (b)(2) or (3) of this Section. Provided, that new occupants of such housing meet the age requirements of subsections (b)(2) or (3) of this Section; or
(2)
Unoccupied units: Provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (b)(2) or (3) of this Section.
(Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 19)
Sec. 408.204. - Appraisal exemption.
This Part does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.205. - Effect on other law.
This Part does not affect a reasonable local or State restriction on the maximum number of occupants permitted to occupy a dwelling.
(Ord. 96-1089-659, § 1)
Sec. 408.206. - Housing accommodations for individuals with Service Animals.
An individual with a disability is entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this City, subject to the conditions and limitations established by Florida State law and applicable alike to all persons.
For purposes of this Section, an Individual with a disability means a person who has a physical or mental impairment that substantially limits one or more major life activities of the individual.
For purposes of this Section,Service animal means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks.
(a)
An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this Section, and such a person may not be required to pay extra compensation for such animal. However, such a person is liable for any damage done to the premises or to another person on the premises by the animal. A housing accommodation may request proof of compliance with vaccination requirements.
(b)
This Section does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by federal law or another law of the State of Florida or the City of Jacksonville about other assistance animals.
(Ord. 2020-614-E, § 1)
Sec. 408.207. - Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal.
(a)
Definitions. As used in this Section, the term:
(1)
Emotional support animal means an animal that does not require training to do work, perform tasks, provide assistance, and provides therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability.
(2)
Housing provider means any person or entity engaging in conduct covered by the federal Fair Housing Act or Section 504 of the Rehabilitation Act of 1973, including the owner or lessor of a dwelling.
(b)
Reasonable Accommodation Requests. To the extent required by federal law, rule, or regulation, it is unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for, and who has or at any time obtains, an emotional support animal. A person with a disability or disability-related need must, upon the person's request and approval by a housing provider, be allowed to keep such animal in his or her dwelling as a reasonable accommodation in housing, and such person may not be required to pay extra compensation for such animal. Unless otherwise prohibited by federal law, rule, or regulation, a housing provider may:
(1)
Deny a reasonable accommodation request for an emotional support animal if such animal poses a threat to the safety or health of others or poses a threat of physical damage to the property of others, which threat cannot be reduced or eliminated by other reasonable accommodation.
(2)
If a person's disability is not readily apparent, request reliable information that reasonably supports that the person has a disability. Supporting information may include:
a.
A determination of disability from any federal, State, or local government agency.
b.
Receipt of disability benefits or services from any federal, State, or local government agency.
c.
Proof of eligibility for housing assistance or a housing voucher received because of a disability.
d.
Information from a health care practitioner, as defined in § 456.001, F.S.; a telehealth provider, as defined in § 456.47, F.S.; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another State but only if such out-of-State practitioner has provided in-person care or services to the tenant on at least one occasion. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information.
e.
Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.
(3)
If a person's disability-related need for an emotional support animal is not readily apparent, a housing provider may request reliable information that reasonably supports the person's need for the particular emotional support animal being requested. Supporting information may include:
a.
Information identifying the particular assistance or therapeutic emotional support provided by the specific animal from a health care practitioner, as defined in § 456.001, F.S.; a telehealth provider, as defined in § 456.47, F.S.; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another state. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information.
b.
Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.
(4)
If a person requests to keep more than one emotional support animal, a housing provider may request information regarding the specific need for each animal.
(5)
The housing provider may require proof of compliance with State and local requirements for licensing and vaccinating each emotional support animal.
(c)
Request Limitations.
(1)
Notwithstanding the authority to request information under subsection (2), a housing provider may not request information that discloses the diagnosis or severity of a person's disability or any medical records relating to the disability. However, a person may disclose such information or medical records to the housing provider at his or her discretion.
(2)
A housing provider may develop and make available to persons a routine method for receiving and processing reasonable accommodation requests for emotional support animals; however, a housing provider may not require the use of a specific form or notarized statement, or deny a request solely because a person did not follow the housing provider's routine method.
(3)
An emotional support animal registration of any kind, including, but not limited to, an identification card, patch, certificate, or similar registration obtained from the Internet is not, by itself, sufficient information to reliably establish that a person has a disability or disability-related need for an emotional support animal.
(d)
Liability. A person with a disability or disability-related need is liable for any damage done to the premises or to another person on the premises by his or her emotional support animal.
(e)
Applicability. This Section does not apply to a service animal as defined in § 413.08, F.S., and § 406.501, Ordinance Code.
(Ord. 2020-614-E, § 1)
Sec. 408.208 - Unlawful practices and penalties.
A person who falsifies information or written documentation, or knowingly provides fraudulent information or written documentation, for an emotional support animal under this Part, or otherwise knowingly and willfully misrepresents himself or herself, through his or her conduct or through a verbal or written notice, as having a disability or disability-related need for an emotional support animal or being otherwise qualified to use an emotional support animal, commits a misdemeanor of the second degree, punishable as provided in § 775.082, F.S., or § 775.083, F.S., and must perform 30 hours of community service for an organization that serves persons with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than six months.
(Ord. 2020-614-E, § 1)
Sec. 408.209. - Compliance with Chapter 462, Ordinance Code.
Except as specifically provided for herein, the requirements of Chapter 462, Ordinance Code, as to licensing, vaccination, nuisance and other public health and regulatory requirements shall apply to emotional support animals within the City of Jacksonville.
(Ord. 2020-614-E, § 1)
PART 3. - ADMINISTRATION
Sec. 408.301. - Responsibility for administration.
The City Council of the City of Jacksonville, Duval County, Florida, designates the Jacksonville Human Rights Commission (JHRC) as being authorized to administer the provisions of this Chapter. The Commission may adopt procedural rules for the implementation of this Chapter, subject to the Council's review and approval and may delegate such authority as is necessary for fill implementation of this Chapter to the Executive Director. As used herein, the term "designee" shall mean the Executive Director.
(Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 20)
Sec. 408.302. - Complaints.
The Commission, or its designee, shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this Part.
(Ord. 96-1089-659, § 1)
Sec. 408.303. - Cooperation with other entities.
The commission; or its designee, shall cooperate with and, as appropriate, may provide technical and other assistance to federal, State, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.
(Ord. 96-1089-659, § 1)
Sec. 408.304. - Subpoenas; discovery.
The Commission, or its designee, may issue subpoenas and order discovery as provided by this Part in aid of investigations and hearings as required. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as subpoenas and discovery in civil action under the Florida Rules of Civil Procedure.
(Ord. 96-1089-659, § 1)
PART 4. - DISCRIMINATION PROHIBITED
Sec. 408.401. - Sale or rental.
(a)
A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, handicap, religion, sex, sexual orientation, gender identity, familial status, or national origin.
(b)
A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, handicap, religion, sex, sexual orientation, gender identity, familial status, or national origin.
(c)
This Section does not prohibit discrimination against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture and distribution of a controlled substance as defined in 21 U.S.C. 802.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.402. - Publication.
A person may not make, print, or 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, sex, sexual orientation, gender identity, handicap, familial status, national origin, or an intention to make such a preference, limitation, or discrimination.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.403. - Falsely representing availability.
A person may not represent to any person because of race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin that a dwelling is not available for inspection, sale or rental when the dwelling is available for inspection, sale or rent.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.404. - Entry into neighborhood.
A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.405. - Handicap.
(a)
A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
(1)
That buyer or renter;
(2)
A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3)
Any person associated with that buyer or renter.
(b)
A person may not 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 with the dwelling because of a handicap of:
(1)
That person;
(2)
A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(3)
Any person associated with that person.
(c)
For purposes of this Section only, discrimination includes:
(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 a rental, the landlord may, where 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 person equal opportunity to use and enjoy a dwelling; or
(3)
In connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is thirtieth months after March 13, 1991, a failure to design and construct those dwellings in a manner that:
(A)
The public use and common use portions of the dwellings are readily accessible to and usable 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:
(i)
An accessible route into and through the dwelling;
(ii)
Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(iii)
Reinforcements in bathroom walls to allow later installation of grab bars; and
(iv)
Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(4)
Covered multifamily dwellings for first occupancy after March 13, 1991 shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued on or before June 1, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.
(d)
Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI Al 17.1-1986" suffices to satisfy the requirements of subparagraph (c)(3)(C) of this Section.
(e)
As used in this subsection, the term "covered multifamily dwellings" means:
(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)
It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a handicap, or to make inquiry as to the nature or severity of a handicap of such person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
(1)
Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
(2)
Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;
(3)
Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;
(4)
Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;
(5)
Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
(g)
Nothing in this subsection requires 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.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 21)
Sec. 408.406. - Residential real estate related transaction.
(a)
A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin.
(b)
In this Section, "residential real estate related transaction" means:
(1)
Making or purchasing loans or providing other financial assistance:
(A)
To purchase, construct, improve, repair, or maintain a dwelling; or
(B)
Secured by residential real estate; or
(2)
Selling, brokering, or appraising residential real property.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.407. - Brokerage services.
A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation, on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, familial status, or handicap.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)
Sec. 408.408. - Interference, coercion, or intimidation.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of; or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of; any right granted or protected by Part 4, Sections 408.401, 408.402, 408.403, 408.404, 408.405, 408.406, or 408.407 above.
(Ord. 96-1089-659, § 1)
PART 5. - ADMINISTRATIVE ENFORCEMENT
Sec. 408.501. - Complaint.
(a)
The Commission, or its designee, shall investigate alleged discriminatory housing practices.
(b)
A complaint must be:
(1)
In writing;
(2)
Under oath; and
(3)
In the form prescribed by the Commission.
(c)
An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the Commission alleging the discriminatory housing practice.
(d)
Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the Commission, or its designee, may file its own complaint.
(e)
A complaint may be amended at any time.
(f)
On the filing of a complaint the Commission shall:
(1)
Give the aggrieved person and/or complainant notice that the complaint has been received.
(2)
Advise the aggrieved person and/or complainant of the time limits and choice of forums under this Part; and
(3)
Not later than the twentieth day after the filing of the complaint or the identification of an additional respondent under Section 408.504 of this Part, serve on each respondent:
(A)
A notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this act; and
(B)
A copy of the original complaint.
(Ord. 96-1089-659, § 1)
Sec. 408.502. - Answer.
(a)
Not later than the tenth day after receipt of the notice and copy under subparagraph (f)(3) of Section 408.501 of this Part, a respondent may file an answer to the complaint.
(b)
An answer must be
(1)
In writing;
(2)
Under oath; and
(3)
In the form prescribed by the Commission.
(c)
An answer may be amended at any time.
(d)
An answer does not inhibit the investigation of a complaint.
(Ord. 96-1089-659, § 1)
Sec. 408.503. - Investigation.
(a)
For complaints filed with the Commission and for all other complaints that the federal government has referred to the Commission or has deferred jurisdiction over the subject matter of the complaint to the Commission, the Commission, or its designee, shall begin to investigate the allegations set forth in the complaint within 30 days.
(b)
The Commission, or its designee, shall investigate all complaints, and except as provided by subsection (c) of this Section, shall complete an investigation not later than the one hundredth day after the date the complaint is filed.
(c)
If the commission, or its designee, is unable to complete administrative disposition within the time periods prescribed in subsection (b) of this Section, the commission shall notify the complainant and the respondent, in writing, of the reasons for the delay.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 22)
Sec. 408.504. - Additional or substitute respondent.
(a)
The Commission, or its designee, may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation it determines that the person should be accused of a discriminatory housing practice.
(b)
In addition to the information required in the notice under subsection (f)(3) of Section 408.501 in a notice to a respondent joined under this Section the Commission, or its designee, shall include in a notice to a respondent joined under this Section an explanation of the basis for the determination that the person is properly joined as a respondent.
(Ord. 96-1089-659, § 1)
Sec. 408.505. - Conciliation.
(a)
The Commission, or its designee, shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the Commission, to the extent feasible, engage in conciliation with respect to the complaint.
(b)
A conciliation agreement is an agreement between a respondent and the complainant and is subject to Commission approval.
(c)
A conciliation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.
(d)
A conciliation agreement shall be made public unless the complainant and respondent agree otherwise, and the Commission, or its designee, determines that disclosure is not necessary to further the purposes of this Chapter.
(e)
Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this Part without the written consent of the persons concerned.
(f)
After completion of the investigation, the Commission, or its designee, shall make available to the aggrieved person and the respondent, at any time, the final investigation report relating to that investigation and other information derived from the investigation, provided the release of such other information does not place an excessive burden on the complainant that might discourage the filing of complaints.
(Ord. 96-1089-659, § 1)
Sec. 408.506. - Temporary or preliminary relief
(a)
If the Commission, or its designee, concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this Part, it may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint, in accordance with F.S. § 760.34(8).
(b)
On receipt of the Commission's authorization, the General Counsel shall promptly commence and maintain the action.
(c)
A temporary restraining order or other order granting preliminary or temporary relief under this Section is governed by the applicable Florida Rules of Civil Procedure.
(d)
The filing of a civil action under this Section does not affect the initiation or continuation of administrative proceedings under Section 408.515 of this Part.
(Ord. 96-1089-659, § 1)
Sec. 408.507. - Investigative report.
(a)
The Commission, or its designee, shall prepare a final investigative report showing:
(1)
The names and dates of contacts with witnesses;
(2)
A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts;
(3)
A summary description of other pertinent records;
(4)
A summary of witnesses statements; and
(5)
Answers to interrogatories.
(b)
A final report under this Section may be amended if additional evidence is discovered.
(Ord. 96-1089-659, § 1)
Sec. 408.508. - Reasonable cause determination.
(a)
The Commission, or its designee, shall determine, based on the facts, whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur.
(b)
The Commission shall make the determination under subsection (a) of this Section not later than the one hundredth day after the date a complaint is filed unless:
(1)
It is impracticable to make the determination; or
(2)
The commission, or its designee, has approved a conciliation agreement relating to the complaint.
(c)
If it is impracticable to make the determination within the time period provided by subsection (b) of this Section, the Commission shall notify the complainant and respondent in writing of the reasons for the delay.
(d)
If the Commission, or its designee, determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, it shall, except as provided by Section 408.510 of this Part, immediately issue a reasonable cause finding on behalf of the aggrieved person.
(Ord. 96-1089-659, § 1)
Sec. 408.509. - Charge.
(a)
A reasonable cause finding issued under Section 408.508 of this Part:
(1)
Must consist of a short and plain statement of the facts on which the Commission, or its designee, has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;
(2)
Must be based on the final investigative report; and
(3)
Need not be limited to the facts or grounds alleged in the complaint.
(b)
Not later than the twentieth day after the Commission, or its designee, issues a reasonable cause finding the Commission shall send a copy with information concerning the election under Section 408.513 of this Part to:
(1)
Each respondent, together with a notice of the opportunity for a hearing provided by Section 408.515 of this Part at a time and place specific in the notice; and
(2)
Each complainant on whose behalf the complaint was filed.
(Ord. 96-1089-659, § 1)
Sec. 408.510. - Land use law.
If the commission determines that the matter involves the legality of a State or local zoning or other land use law or ordinance, the Commission may not issue a charge and shall immediately refer the matter to the General Counsel's office for appropriate action.
(Ord. 96-1089-659, § 1)
Sec. 408.511. - Dismissal.
(a)
If the Commission, or its designee, determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, it shall promptly dismiss the complaint.
(b)
The Commission shall make public disclosure of each dismissal under this Section.
(Ord. 96-1089-659, § 1)
Sec. 408.512. - Pending civil trial.
The Commission, or its designee, may not issue a reasonable cause finding under this Section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or State law seeking relief with respect to that discriminatory housing practice.
(Ord. 96-1089-659, § 1)
Sec. 408.513. - Election of judicial determination.
(a)
A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action as provided by Section 408.514 of this Part.
(b)
The election must be made not later than the twentieth day after the date of receipt by the electing person of service under subsection (b) of Section 408.509 of this Part or, in the case of the Commission, not later than the twentieth day after the date the charge was issued.
(c)
The person making the election shall give notice to the Commission and to all other complainants and respondents to whom the charge relates.
(Ord. 96-1089-659, § 1)
Sec. 408.514. - General Counsel's office action for enforcement.
(a)
If a timely election is made under Section 408.513 of this Part, the Commission shall authorize, and not later than the thirtieth day after the election is made, the General Counsel shall file a civil action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by F.S. Ch. 760 and/or federal law.
(b)
An aggrieved person may intervene in the action.
(Ord. 96-1089-659, § 1)
Sec. 408.515. - Administrative hearing.
(a)
If a timely election is not made under Section 408.513 of this Part, the Commission, or its designee, shall provide for a hearing on the charge.
(b)
Except as provided by subsection (d) of this Section, the Florida Administrative Procedures Act (F.S. Ch. 120) governs hearings under this Section.
(c)
When the Commission, or its designee, has issued a reasonable cause finding and a judicial election has not been made under Section 408.513 nor a settlement agreement entered between the complainant and respondent, with the approval of the aggrieved person on whose behalf the charge was issued, the Commission, or its designee shall arrange for a hearing to be conducted by a Hearing Officer. The Commission, or its designee, shall then review the Hearing Officer's recommended order and the record and issue its final order within 30 calendar days of the date it receives the recommended order.
(d)
A hearing under this Section may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person seeking relief with respect to that discriminatory housing practice.
(e)
The General Counsel's office shall provide legal representation for the complainant in such administrative hearings.
(f)
Any party to the complaint shall have the right to petition for judicial review of the Commission's, or its designee's, final order in a court of competent jurisdiction. Such review shall be limited to a review of the Commission's, or its designee's, written document expressing its action and the record of the proceedings conducted by the Commission, or its designee, under this Section. A reviewing court may modify, revoke or remand the final order only upon a finding that such order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the essential requirements of law.
(g)
The Commission, or its designee may seek enforcement of a final order issued under this Section by filing a petition for enforcement in a court of competent jurisdiction. Such a petition for enforcement may request declaratory relief, temporary or permanent equitable relief, a fine, forfeiture, penalty and/or issuance of a money judgment for actual damages, attorney's fees and costs, as provided in the Commission's, or its designee's, final order. A court considering such petition shall grant it unless there is a showing by the respondent, based upon the record of the proceedings which were conducted under this Section, that the order is not supported by substantial competent evidence and/or the proceedings conducted did not comply with the substantial requirements of law.
(h)
If before the expiration of 30 days after the date the final order has been issued, the Commission, or its designee has not sought enforcement of such final order under subsection (g) of this Section, any person entitled to relief under the order may petition for a decree enforcing the order in a court of competent jurisdiction.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 23)
Sec. 408.516. - Administrative penalties.
(a)
If the Commission, or its designee, determines at a hearing under Section 408.515 of this Part that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Commission, or its designee, may order the appropriate relief, including actual damages, reasonable attorney's fees, costs, and other injunctive or equitable relief.
(b)
To vindicate the public interest, the Commission, or its designee, may assess a civil penalty against the respondent in an amount that does not exceed:
(1)
Ten thousand dollars if the respondent has not been adjudged by order of the Commission or a court to have committed a prior discriminatory housing practice;
(2)
Except as provided in subsection (c) of this Section, $25,000 if the respondent has been adjudged by order of the Commission or a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and
(3)
Except as provided by subsection (c) of this Section, $50,000 if the respondent has been adjudged by order of the Commission or a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.
(c)
If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, whether adjudged by this or other agencies, the civil penalties in subsections (b)(2) and (3) of this Section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.
(d)
At the request of the Commission, the General Counsel's office shall sue to recover a civil penalty due under this Section. Funds collected under this Section shall be paid to City of Jacksonville Finance and Administration Department and shall be used to offset expenses incurred by the Commission or General Counsel's office in enforcing this Part.
(e)
The penalties provided for under this Section are applicable regardless of whether the Commission or aggrieved party initiated the investigation under this Part.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 24; Ord. 2016-140-E, § 16)
Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.
Sec. 408.517. - Effect of Commission order.
A Commission order under Section 408.516 of this Part does not affect a contract, sale, encumbrance, or lease that:
(1)
Was consummated before the Commission issued the order; and
(2)
Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this Part.
(Ord. 96-1089-659, § 1)
Sec. 408.518. - Licensed or regulated business.
If the Commission, or its designee, issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Commission, or its designee, shall, not later than the thirtieth day after the date of the issuance of the order:
(1)
Send copies of the findings and the order to the governmental agency; and
(2)
Recommend to the governmental agency appropriate disciplinary action.
(Ord. 96-1089-659, § 1)
Sec. 408.519. - Order in preceding five years.
If the Commission, or its designee, issues an order against a respondent against whom another order was issued within the preceding five years under Section 408.516 of this Part, the Commission shall send a copy of each order issued under that Section to the General Counsel.
(Ord. 96-1089-659, § 1)
PART 6. - PRIVATE ENFORCEMENT
Sec. 408.601. - Civil action.
(a)
Under the provisions of F.S. § 760.35 an aggrieved person may file a civil action in a court of competent jurisdiction no later than two years after an alleged discriminatory housing practice has occurred.
(b)
An aggrieved person may file a civil action regardless of whether they have filed a complaint under Part 5 herein, and regardless of the status of any complaint filed under this Part.
(c)
In a civil action under this Part, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages and may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).
(d)
In a civil action under this Part, the court, in its discretion, may allow the prevailing party reasonable attorney's fees and costs.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 25)
Sec. 408.602. - Intervention by General Counsel's office.
Upon the request of the Commission, the General Counsel may intervene in a civil action brought under the provisions of Section 408.601 of this Part, if the Commission certifies that the case is of significant public importance to the citizens of the City of Jacksonville, Duval County, Florida.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 26)
PART 7. - ENFORCEMENT BY GENERAL COUNSEL'S OFFICE
Sec. 408.701. - Pattern or practice cases.
(a)
Whenever the Commission, or its designee, has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this Chapter, or that any group of persons has been denied any of the rights granted by this Chapter, and such denial raises an issue of general public importance, it shall direct the General Counsel to commence a civil action in a court of competent jurisdiction.
(b)
For the purposes of this Section, "reasonable cause" shall be based upon sufficiently trustworthy information which would lead an impartial observer to a belief that a person or persons is engaged in the actions described in subsection (a) of this Section.
(Ord. 96-1089-659, § 1)
Sec. 408.702. - Subpoena enforcement.
The General Counsel, on behalf of the Commission, or its designee, may enforce a subpoena issued under this Part in appropriate proceedings pursuant to law.
(Ord. 96-1089-659, § 1)
PART 8. - PENALTIES
Sec. 408.801. - Violations; penalty.
A person who, knowingly and willfully:
(a)
Commits or procures or acquiesces in the commission of a violation of a rule of the Commission by which a person is required to do or refrain from doing an act in furtherance of the general objectives stated in Section 408.103; or
(b)
Conducts, authorizes or directs, conspires to conduct, authorize or direct or procures or acquiesces in the conducting, authorizing, directing or conspiracy to conduct, authorize or direct a reprisal against a person because that person filed a complaint or testified, assisted or participated in a manner in an investigation, proceedings or hearing; or
(c)
Fails or refuses or procures or acquiesces in a failure or refusal to observe the terms of a conciliation agreement entered pursuant to Section 408.305; or
(d)
Obstructs or prevents or procures or acquiesces in the obstruction or prevention of the enforcement of or compliance with a rule of the Commission or a conciliation agreement; or
(e)
Interferes with or procures or acquiesces in an interference with the performance of a duty or the exercise of a power by the Commission or one of its members or representatives; or
(f)
Being at the time a person who filed a complaint, a witness or participant in the proceedings of the Commission with respect to a complaint or a member or employee of the Commission having access to or being involved in the proceedings of the Commission with respect to a complaint, makes the charge in the complaint or a matter in the proceedings a public matter;
(g)
Shall be punished by a fine not to exceed $500.
(Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 9; Ord. 2020-244-E, § 8)
Sec. 408.802. - Reserved.
Editor's note— The provisions of former § 408.802, relative to no relief from liability, duty, etc., were deleted as part of the Super Supplement to the Code. Former § 408.802 derived from Ord. 96-1089-659, § 1.
Sec. 408.803. - Prima facie evidence.
In a proceeding under this Chapter, a written, printed or visual communication, advertisement or other form of publication, written inquiry, record or other document purporting to have been made by a person is prima facie evidence that it was authorized by him or her.
(Ord. 96-1089-659, § 1; Ord. 2004-699-E, § 27)
Sec. 406.507. - Compliance with Chapter 462, Ordinance Code. TITLE XII - FIRE PREVENTION CODE