CHAPTER 21
FAIR HOUSING
Sec. 21-1. Finding of the City Council
Sec. 21-2. Public policy
Sec. 21-3. Exercise of Police power
Sec. 21-4. Unlawful housing practices
Sec. 21-5. Enforcement: complaints and grievances
Sec. 21-6. Severability
Section 21-1. Finding of the City Council
The practice of discrimination against individuals is a matter of grave public concern. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of our people and undermines the foundations of a free democratic state. The denial of equal opportunities because of such discrimination could deprive large segments of the population of the City of Methuen of the ability to maintain decent standards of living and intensifies group conflicts, thereby resulting in grave injury to the Public Safety, Health and Welfare if an ordinance of this nature was not enacted.
It is hereby declared to be the public policy of the City of Methuen to foster the equal opportunities of all individuals in the City in accordance with their fullest capacities and abilities, regardless of their race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap, whether the individual receives public assistance, and because of he/she has a child or children and to safeguard their right to be free from such discrimination in housing.
Section 21-3. Exercise of Police Power
This ordinance shall be deemed an exercise of the Police power of the said City for the protection of public welfare, prosperity, health and peace of its people.
Section 21-4. Unlawful Housing Practices
It shall be an unlawful housing practice:
A. For any owner, lessee, sub-lessee, assignee, managing agent, real estate broker, or other person having the right to sell, rent, lease, or manage a housing accommodation or an agent of any of those such persons:
1. To discriminate and to directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family of any prospective purchaser, applicant, occupant, or tenant of such housing accommodation;
2. To discriminate or to directly or indirectly refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual, such housing accommodation because of race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family or because the individual receives public assistance;
3. To discriminate or to directly or indirectly cause to be printed or published, circulated, broadcasted, issued, used, displayed, posted, or mailed any written, printed or painted or oral communication, notice or advertisement relating to the sale, rental, lease or let of such housing accommodation which, indicates any specification, qualification, or discrimination, based upon race, color, sex, national origin, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family or whether the individual receives public assistance.
4. To directly or indirectly discriminate against any person because of his or her race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family or because the individual receives public assistance, in the terms, conditions, or privileges of the sale, rental, lease, or let of any such housing accommodation or in the furnishing of facilities or services in connection therewith.
B. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured;
1. To discriminate or to directly or indirectly make or cause to be made any written or oral inquiry concerning the race or color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family, of anyone seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation, nor shall any such person to whom such application is made, directly or indirectly discriminate in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance against any applicant because of the race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family or whether the individual receives public assistance of such applicant or of the existing or prospective occupants or tenants thereof;
2. To discriminate or to directly or indirectly deny or limit such application for financial assistance on the basis of any appraiser's, whether independent or not, evaluation of the property or neighborhood under consideration, when such evaluation is based on discriminatory criteria.
C. For any person, agent, firm, corporation or association whether or not a acting for monetary gain, to directly or indirectly induce, attempt to induce, prevent or attempt to prevent the sale, purchase, rental, or letting of any housing accommodation by:
1. Implicit or explicit representations regarding the existing or potential proximity of real property owned, used, or occupied by persons of any particular race or color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or whether the individual receives public assistance;
2. Implicit or explicit representations regarding the effects or consequences of any such existing or potential proximity including, but not limited to, the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities;
3. Implicit or explicit false representations regarding the availability of suitable housing within a particular neighborhood or area, or failure to disclose or offer to show all properties listed or held for sale, rent, lease or let within a requested price range, regardless of location, so as to promote the continuance or maintenance of segregate housing or so as to retard, obstruct, or discourage integrated housing on or in any street, block or neighborhood.
D. Except where based on a valid affirmative action program or record keeping or reporting requirements:
1. For any person, agent, manager, owner, or developer of any apartment or housing unit, complex, or development, whether commercial or residential to directly or indirectly make or keep a record of any applicant's, prospective owner's or tenant's race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/ or physical handicap or if there is a child or children in the family or whether the individual receives public assistance;
2. To use any form of housing or loan application which contains questions or entries directly or indirectly pertaining to race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap;
3. Establish, announce, or follow a pattern, practice, or policy of denying, excluding or limiting by any means whatsoever housing accommodations to any group because of their race, color, sex, national origin, religion, age, marital status, political affiliation, mental and/or physical handicap or if there is a child or children in the family whether they receive public assistance.
E. For any person to discriminate in any manner against any individual or to retaliate against such individual because he or she has opposed any practice forbidden by this ordinance or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this ordinance.
F. For any person, whether or not acting for monetary gain, to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful housing practice, or to obstruct or prevent any person from complying with the provision of this ordinance or any regulations or order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.
G. Nothing contained in this section shall be construed to prevent the operation or establishment of housing facilities designed for the exclusive use of the aged or elderly and/or handicapped, nor to prohibit the establishment of programs assigned to meet the needs or circumstances of handicapped persons.
Section 21-5. Enforcement: Complaints and Grievances
The City of Methuen Affirmative Action Officer shall be designated by the Mayor
to advise citizens of their rights under this ordinance and to refer cases of
possible discrimination to the Massachusetts Commission Against Discrimination.
The above-mentioned provision, however, does not preclude the injured citizen from filing his/her complaint directly with the Massachusetts Commission Against Discrimination.
If any provision or section of this ordinance shall be held to be invalid, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this ordinance, which shall remain in full force and effect.
(Ord. #136, Effective Aug. 4th, 1983)