Prohibition of source of income discrimination

(a)

It shall be unlawful and is hereby prohibited for any person:

(1)

To refuse to rent, show or lease, to refuse to negotiate for the rental of, or otherwise to make unavailable or deny, a rental unit to any tenant because of that tenant's lawful source of income, or because of the tenant's status with regard to a public assistance program, or because of any requirements of a public assistance program. However, this section shall not be construed as requiring a person to: (a) reduce the amount of rent normally charged for a rental unit; (b) waive any security deposit, fee or similar charge required from all tenants renting rental units from that person; or (c) make repairs or improvements to a rental unit or conduct maintenance activities not otherwise legally required by City Code or by the applicable laws and regulations of the State of Florida.

(2)

To discriminate against any tenant in the terms, conditions, or privileges of the rental or lease of a rental unit, or in the provision of services or facilities in connection therewith, because of that tenant's lawful source of income.

(3)

To use a financial or income standard in assessing eligibility for the rental of a rental unit that is not based on the portion of the rent to be paid by the tenant in instances where there is a government rent subsidy or assistance, which will be used to pay for a portion of the rent for that rental unit. The financial or income standard, if used, may include reasonable living costs and utilities in addition to rent; however a person may only use a financial or income standard in assessing eligibility for the rental of rental units, if the same standard is applied to all of that person's tenants renting a rental unit regardless of lawful source of income.

(4)

To represent to any tenant because of the tenant's lawful source of income that any rental unit is not available for inspection or rental when such rental unit is in fact so available.

(5)

To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the rental of a rental unit that indicates any preference, limitation, or discrimination based on a lawful source of income, or an intention to make any such preference, limitation, or discrimination.

(6)

To induce or attempt to induce another person, for profit, to rent any rental unit by representations regarding the entry or prospective entry into the neighborhood of a tenant with particular lawful sources of income.

(b)

Complaints regarding any alleged violation of this section shall be initially investigated by the office of human rights. Based on that investigation, if the administrator of the office of human rights finds reasonable cause that this section has been violated, then the administrator shall refer its investigation report to the city's division of neighborhood enhancement for further investigation and enforcement as set forth in section 12-144 below. In addition, either the city's office of human rights or division of neighborhood enhancement is authorized to report violations to any local, state or federal authority. Investigation and enforcement by the city may occur concurrently with any investigation and enforcement actions by local, state or federal authorities.

(c)

No penalties shall be assessed for conduct violating this section occurring prior to June 1, 2022.

(d)

This section does not create any private causes of action and may only be enforced as set forth herein.

(Ord. No. 2022-51, § 2, 3-17-2022)