CROSS REFERENCES
Civil Right, RC Ch 4112
It is hereby declared to be the purpose of this chapter to provide, within constitutional limitations, fair housing throughout the City of Cleveland (hereinafter, the City), to assure that all persons have full and equal opportunity to consider all available housing for themselves and their families within the City without discrimination based on race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, and to promote a stable, racially integrated community.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
As used in this Chapter:
(a) “Aggrieved person” includes any person who:
(1) claims to have been injured by a discriminatory housing practice; or
(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.
(b) “Covered multi-family dwellings” means buildings consisting of four or more units, if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.
(c) “Disability”
(1) means, with respect to a person:
A. a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self such as: performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working;
B. a record of a physical or mental impairment; or
C. being regarded as having a physical or mental impairment; or
D. any person associated with that person, and any person residing or intending to reside with that person.
(2) does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21 U.S.C. Section 802.
(d) “Fair Housing Administrator” means the Administrator as established and defined in Section 665.051.
(e) “Fair Housing Board” means the Board as established and defined in Section 665.05.
(f) “Familial status” refers to the status of:
(1) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
A. a parent or another person having legal custody of the individual or individuals; or
B. the designee of the parent or other person having such custody, with the written permission of the parent or other persons.
(2) any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
(g) “Housing for older persons” means:
(1) housing provided under any State or Federal program that the Secretary of the United States Department of Housing and Urban Development (hereafter “HUD”) determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program);
(2) housing intended for, and solely occupied by, persons 62 years of age or older;
(3) housing intended and operated for occupancy by at least one person 55 years or older per unit. The determination as to whether housing qualifies as housing for older persons under this division shall be consistent with regulations promulgated by the Secretary of HUD, which require that at least the following factors are present:
A. the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or if the provision of the facilities and services is not practicable, that the housing is necessary to provide important housing opportunities for older persons; and
B. that at least eighty percent (80%) of the units are occupied by at least one person 55 years of age or older per unit;
C. the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for person 55 years of age or older; and
D. the housing complies with rules issued by the Secretary of HUD for verification of occupancy.
(4) Housing shall not fail to meet the requirements for housing for older persons by reason of:
A. there being persons residing in the housing as of the date of enactment of the Fair Housing Act of 1988 who do not meet the age requirements of division (i)(2) or (3) of this section; provided that the new occupants of the housing meet the age requirements of division (i)(2) or (3); or
B. there being unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of division (i)(2) or (3).
(h) “Lending institution” means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.
(i) “Person” means one or more individuals, partnerships, associations, organizations, corporations, joint stock companies, mutual companies, legal representatives, trusts, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, appraiser, agent, employee, and lending institution.
(j) “Property”, as used in this chapter, means any building, structure, facility or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied;
(1) as the residence, dwelling unit, or sleeping place of one or more individuals, groups, or families whether or not living independently of each other, and includes any housing accommodations held or offered for sale or rent by a real estate broker, salesman, or agent, or by any other person with authorization of the owner, by the owner, or by the person's legal representative;
(2) for the purpose of operating a business, an office, a manufactory or public accommodation; or
(3) any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.
(k) “Protected group” or “protected class” refers to persons who are or may be discriminated against on the basis of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry.
(l) “Purchase” means to obtain property through sale.
(m) “Real estate broker” means a real estate agent or salesperson, or a limited real estate broker or salesperson as defined in Section 4735.01 of the Revised Code.
(n) “Rent” or “rental” means to lease, sublease, assign or otherwise grant or obtain the right to occupy property not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.
(o) “Sale or sell” means to convey, exchange, transfer or assign legal or equitable title to, or beneficial interest in, property in return for consideration, or a contract or option to do any of the foregoing.
(p) “Sexual orientation” means a person's actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.
(q) “Solicitation” or “solicit” means the mailing or delivery of any printed matter or any oral communication either in person or by telephone to the owner or occupant of property by any real estate broker, agent, sales representative or other person for any of the following purposes:
(1) advertising the accomplishments and/or abilities of the real estate broker, agent, sales representative or other person to sell or rent property;
(2) requesting or suggesting that the owner or occupant list his property for sale or rent; or
(3) offering to purchase or rent the owner's property.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
It shall be an unlawful discriminatory housing practice for any person to:
(a) refuse to sell, transfer, assign, rent, lease, sublease, finance, or negotiate after the making of a bona fide offer, or otherwise deny or make unavailable, because of membership in a protected class, a property to any person;
(b) represent to any person, because of membership in a protected class, that a property is not available for sale, rental, inspection, purchase, transfer, assignment, lease or sublease when, in fact, it is available;
(c) discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, if the person's business includes engaging in residential real estate-related transactions, because of race, color, religion, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry. As used in this section, the term “residential real estate-related transaction” means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
A. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
B. secured by residential real estate.
(2) The selling, brokering or appraising of real property; and
(3) for the purposes of this section, a person is engaging in residential real estate-related transactions if:
A. he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest in any dwelling; or
B. he has, within the preceding twelve 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 in any dwelling; or
C. he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families; or
D. he has, within the preceding twelve months, participated as principal in three or more transactions involving the making or purchasing of loans or providing other financial assistance or appraising of real property.
(d) discriminate against any person in the terms or conditions of selling, renting, transferring, assigning, brokering, leasing or subleasing any property, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any property because of membership in a protected class or because of the racial composition or presence of any other protected groups in the area in which the dwelling is located;
(e) discriminate against any person in the provision of property and casualty, including but not limited to, fire, extended coverage, renter's or homeowner's insurance (“insurance”) or insurance related services because of membership in a protected class of a current or prospective purchaser, renter, or occupant, or of other residents in the area or community, by any one or more of the following practices:
(1) making insurance or insurance related services unavailable or making them available on different terms or conditions;
(2) refusing to sell or renew or by canceling insurance or an insurance policy;
(3) varying the terms or conditions under which an insurance policy or insurance related services is available;
(4) establishing different qualifications, requirements or standards for making insurance or insurance related services available;
(5) offering different services, facilities or privileges in the provision of insurance or insurance related services;
(6) discouraging potential applicants from applying for insurance, including not but limited to utilizing different sales and marketing practices;
(7) evaluating, settling, or paying insurance claims;
(f) refuse to consider the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member because of their membership in a protected class;
(g) print, publish or circulate, or cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made any written or oral statement, relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any property or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a property, which indicates any preference, limitation, specification or discrimination based upon protected group membership, or an intention to make any such preference, limitation, specification or discrimination;
(h) include in any sale, transfer, rental, lease or sublease of a property any restrictive covenant based on protected group membership, or honor or exercise, or attempt to honor or exercise any restrictive covenant;
(i) for the purpose of profit, whether or not realized, induce or solicit or attempt to induce or solicit a property listing or transaction, including, but not limited to, a sale, rental, or other transaction, by representing that a change has occurred or may occur with respect to the protected class or classes of the area in which the property is located, or induce or solicit or attempt to induce or solicit such listing, sale, or transaction by representing that the actual or anticipated presence of persons of any protected class in the area will or may have results such as:
(1) the lowering of property values;
(2) a change in the composition of the area in which the property is located based on a protected class or classes;
(3) an increase in criminal or anti-social behavior in the area; or
(4) a decline in the quality of the schools serving the area.
(j) coerce, injure, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section;
(k) discriminate against any person because of protected group status in appraising the value of any property in connection with the sale, brokering or rental or because of the composition of the area based upon protected class or classes;
(l) deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' association or other service association or facility relating to the business of selling or renting housing accommodations or commercial property, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of membership in a protected class;
(m) refuse to permit, at the expense of a disabled person, reasonable modifications to existing premises occupied or to be occupied by such person, if the modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, a landlord may — where it is reasonable to do so — condition his or her consent to a modification on a renter's agreement, which can include the establishment of an escrow account, to restore the interior of the premises to the condition that existed prior to the modification, reasonable wear and tear excepted:
(n) refuse to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;
(o) construct covered multi-family dwellings that do not provide for accessibility and usability for physically disabled persons in compliance with 42 USC Section 3604(f)(3)(C);
(p) discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under Sections 4112.01 to 4112.07 of the Revised Code; or
(q) aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with Sections 4112.01 to 4112.11 of the Revised Code, 42 USC Section 3601 et seq., or any order issued under those sections, or attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
The provisions of this chapter shall not be construed to:
(a) prohibit a religious or denominational institution, organization, society or association of any non-profit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to those persons, unless membership in the religion is restricted on account of race, color or national origin, nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members;
(b) require any person selling or renting property to modify the property in any way at his or her expense, provided that the person does not refuse to permit reasonable modifications by a disabled person, which are necessary for that person to fully enjoy the premises in which he or she resides or will reside, when the modifications are made at the expense of the disabled person, which permission may be reasonably based on the disabled person's promise, under division (m) of Section 665.03, to restore the interior of the dwelling to the condition in which it existed before permission was granted for the modification, nor shall this chapter be construed to relieve any disabled person of any obligation generally imposed on all persons, regardless of disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract, so long as the distinctions are not based on the disability, or on the landlord's refusal to make reasonable modifications in the lease, agreement or contract conditions for the purpose of denying a disabled person equal opportunity to the use and enjoyment of the premises. Making the modifications permitted under this division does not relieve any person from the applicability of division (o) of Section 665.03 or from the design and construction requirements in 42 USC Section 3604(f)(3)(C) for accessibility for physically disabled persons. (ORC 4112.12(K), (N));
(c) prohibit the restriction of a sale or rental of a property on the basis of disability when the property is authorized, approved, financed or subsidized, in whole or in part, for the benefit of disabled persons by a unit of the local, state or federal government, so long as the restrictions do not discriminate against an otherwise qualified disabled person;
(d) require that a property 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;
(e) prohibit the application of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a property;
(f) with regard to familial status, apply to properties that have been determined to be housing for older persons;
(g) hold a person personally liable for monetary damages for discrimination on the basis of familial status if such person reasonably relied, in good faith, on the application of the exemption under 42 USC Section 3607(b)(1) relating to housing for older persons; or
(h) prohibit a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than membership in a protected class.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
(a) There is hereby established a Fair Housing Board which shall consist of five members: one (1) appointed by the Mayor; one (1) appointed by the Council; and three (3) citizen members nominated by the Mayor and confirmed by Council. The member appointed by the Mayor and the member appointed by Council each shall be appointed for a term of three (3) years. Of the citizen members first appointed, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years; thereafter appointments shall be for three (3) years.
(b) The Fair Housing Board shall have the responsibility to administer the provisions of this chapter and to adjudicate complaints alleging violations of any section. The Fair Housing Board shall have and may exercise the following powers to implement the purposes of this chapter:
(1) to hold adjudicative hearings, make findings of fact, issue orders, enforce such orders and seek judicial and/or administrative relief with respect to any such complaints in accordance with the provisions of this chapter;
(2) to subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and, in connection therewith, to require the production for examination of any documents relating to any matter under investigation or in question before the Fair Housing Board, and enforce such powers by proper petition to any court of competent jurisdiction;
(3) to adopt such rules and regulations as the Fair Housing Board may deem necessary or desirable for the conduct of its business and to carry out the purposes of this chapter;
(4) to do such other acts as are necessary and proper to perform those duties with which the Fair Housing Board is charged under this chapter, including the provision of referral services for the community;
(5) to collect, analyze and study the results of investigations made under this chapter and report to the Mayor and City Council on or before January 31 of each calendar year on the working of this chapter for the purpose of advising on and recommending amendments to this chapter;
(6) to conduct a continuing program of education and community organization throughout the City;
(7) to initiate an investigation without the filing of an official complaint, provided a majority of the Fair Housing Board elects to proceed based upon reasonable cause to believe that violations of this chapter are occurring or have occurred. The Fair Housing Board shall have the same powers following this initiated investigation as it has with an investigation based on the filing of a complaint;
(8) to enter into cooperative agreements with other governmental agencies to effectuate the purposes of this chapter;
(9) to refer persons allegedly aggrieved by unlawful discriminatory housing practices to the Ohio Civil Rights Commission or other governmental or private agencies, as appropriate;
(10) if the Fair Housing Board has reasonable cause to believe that any person or persons are engaged in unlawful discriminatory housing practices as described in Section 665.03, the Fair Housing Board may refer the matter to the Director of Law for commencement of a civil action in a court of competent jurisdiction on behalf of the City. The Director of Law may seek any relief considered necessary to ensure the full enjoyment of the rights granted by this chapter.
(Ord. No. 2317-04. Passed 12-13-04, eff. 12-17-04)
(a) Any aggrieved person may allege that a violation of Section 665.03 has occurred or is about to occur by filing with the Fair Housing Board, within one hundred and eighty (180) days of the alleged violation, a sworn, written complaint setting forth his or her grievance. The complaint shall state the name and address of the aggrieved party (the “complainant”), the name and address of the person(s) alleged to have committed a violation of Section 665.03 (the “respondent”), a description and address of the property involved in the discriminatory incident and the particular facts and other information as may be required by the Board. A complaint may be amended at any time before the hearing is conducted under Section 665.09, and thereafter only with permission of the Fair Housing Board. On the filing of a complaint, the Fair Housing Board shall acknowledge the receipt of the complaint and serve notice to the complainant, which notice shall also contain information as to the time limits, notice of procedural rights and obligations and choice of forum provided in this chapter.
(b) Within ten (10) days after a complaint has been received by the Fair Housing Board, it shall serve or cause to be served, in person or by certified mail, a copy of the complaint on the respondent alleged to have committed a violation of Section 665.03. Along with the service of the complaint, the Fair Housing Board shall advise the respondent, in writing, of his or her procedural rights and obligations under this chapter. The respondent may file a written verified answer to the complaint with the Fair Housing Board within ten (10) days after receipt of notice of the complaint, and thereafter only with permission of the Fair Housing Board.
(c) Within ten (10) days after identification of an additional respondent under this section, the Fair Housing Board shall serve a notice identifying the alleged discriminatory housing practice and advising the additional respondent of the procedural rights and obligations of respondents under this section, and a copy of the original complaint.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
(a) Investigations shall be commenced by the Fair Housing Administrator or his or her designee or designees within thirty (30) days after a complaint has been received. Conciliation, under Section 665.08, shall be attempted beginning with the filing of the complaint and ending with the filing of a charge or a dismissal of the complaint. If conciliation has failed and the investigation has been completed, the Fair Housing Administrator shall determine that:
(1) there are reasonable grounds to believe that a violation of Section 665.03 has occurred, in which case the Fair Housing Administrator shall issue a charge stating the facts forming the basis for the finding of reasonable grounds to believe discrimination occurred or is about to occur under Section 665.03. The Fair Housing Administrator shall then forward the complaint to the Fair Housing Board for a hearing, under Section 665.09; or
(2) there are no reasonable grounds to believe that a violation of Section 665.03 has occurred or was about to occur, in which case the Fair Housing Administrator shall prepare and issue a written notice of dismissal, within five (5) days of the finding of no reasonable grounds, by serving a copy of the notice of dismissal by certified mail on the parties. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within fourteen (14) days of receipt of notice of dismissal, the complainant may request, in writing, reconsideration by the Fair Housing Board of the dismissal. By a majority vote, the Fair Housing Board may affirm or reverse the dismissal. If the Fair Housing Board reverses, it shall refer the complaint to the Fair Housing Administrator for conciliation and other actions consistent with this chapter.
(b) The Fair Housing Administrator shall complete the investigation within one hundred (100) days after receipt of the complaint, unless impracticable, in which case the Fair Housing Board shall inform, in writing, the complainant and the respondent of the reasons why the investigation cannot be completed within the time prescribed.
(c) The Fair Housing Administrator and his or her designee and staff may be assisted in the investigation by a fair housing agency or other appropriate organization or person under contract with the City.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
(a) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Fair Housing Board, the Fair Housing Board shall, to the extent feasible, engage in conciliation with respect to such complaint. As appropriate, the Fair Housing Administrator or his or her designee shall:
(1) notify the complainant and respondent of the time, place and date of the conciliation conference at least ten (10) days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and
(2) attempt to resolve the complaint by methods of conference, conciliation and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such conferences shall be made public unless the parties agree thereto in writing. The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, subject to approval by the Fair Housing Board. The terms of the conciliation agreement shall be made public, unless the complainant and the respondent agree otherwise and the Fair Housing Board determines that disclosure is not required to further the purposes of this chapter.
(b) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
(a) After the complaint is received by the Fair Housing Board pursuant to division (a)(1) of Section 665.07, the Fair Housing Board shall, upon due and reasonable notice to all parties, hold a hearing on the complaint. Parties to the hearing shall be the complainant and respondent and such other persons as the Fair Housing Board may deem appropriate. The hearing shall be open to the public. At the time it determines to hold such hearing, the Fair Housing Board shall serve upon the respondent a summons requiring the attendance of named persons and the production of relevant documents and records.
(b) At any time prior to the conclusion of the hearing, the parties may request the Fair Housing Board to issue subpoenas for individuals or documents in the Fair Housing Board's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may appear before such Board in person or by duly authorized representative and may be represented by legal counsel. The parties shall have the right to present witnesses and to cross-examine witnesses, and all testimony and evidence shall be given under oath or by affirmation.
(c) If a charge is issued pursuant to Section 665.07(a)(1), either the complainant or the respondent, in lieu of participating in the administrative hearing process, as outlined in this Section 665.09, may elect to have the case heard in a civil action. Such civil action shall be maintained on behalf of the aggrieved person at the expense of the Fair Housing Board. Such election must be made within twenty (20) days after the receipt of the charge.
(Ord. No. 1081-01. Passed 6-19-01, eff. 7-27-01)
(a) Within thirty (30) days of the close of the hearing, the Fair Housing Board shall deliver its decision, which shall be rendered in the form of a written order and which shall include findings of fact and a statement as to whether the respondent has violated or was about to violate Section 665.03 and any remedial actions as the Fair Housing Board may order under Section 665.13. The order shall be served upon the parties by certified mail within fifteen (15) days of the date of the decision. The order shall be available for public inspection, and a copy shall be provided to any person on request and payment of reproduction costs.
(b) If the Fair Housing Board is unable to make a recommendation within the time frame indicated in section (a), the Fair Housing Board shall notify the Fair Housing Administrator, the complainant and the respondent in writing of the reasons for not doing so.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
At any time after the filing of a complaint referred to in Section 665.07, the Fair Housing Board may request the City's Director of Law to petition the appropriate court for temporary or preliminary relief pending final determination of the proceedings under this chapter, or as otherwise necessary to carry out the purposes of this chapter, including an order or decree restraining the respondent from doing or causing any act which would render ineffectual any order or action by the Fair Housing Board.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
(a) If the Fair Housing Board finds that the respondent has not violated or was not about to violate Section 665.03, its order under Section 665.10 shall dismiss the complaint.
(b) If the Fair Housing Board finds that the respondent has violated or was not about to violate Section 665.03, its order under Section 665.10 shall provide for the taking of remedial action, as it deems appropriate, which may include but not be limited to:
(1) directing the respondent to cease and desist from violations of Section 665.03 and to take affirmative steps as necessary to effectuate the purposes of this chapter;
(2) initiating, at the Fair Housing Board's expense, an appropriate court action for the enforcement of Section 665.03, and for other or further relief as the court may deem appropriate including, but not limited to, injunctive relief, compensatory damages, punitive damages to the complainant and/or attorneys' fees and costs incurred by the complainant and/or the Fair Housing Board and/or the City; court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Fair Housing Board;
(3) initiating proceedings based on violation of federal or state law and/or regulations;
(4) initiating proceedings with any contracting agency, in the case of any violation of Section 665.03 by respondent in the course of performing under a contract or subcontract with the State or any political subdivision or agency, or with the United States of America or any agency or instrumentality, for the purpose of terminating the contract or any portion of the contract, or obtaining other relief;
(5) initiating proceedings with the State of Ohio, where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 665.03;
(6) directing the respondent to reimburse the complainant and/or the City, as applicable, for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys' fees and costs;
(7) directing the respondent to reimburse the City for its actual reasonable direct expenses incurred and to be incurred as a result of each violation found including reasonable attorneys' fees and costs.
(8) assessing compensatory damages, as appropriate, or arrange to have adjudicated in court, at the Fair Housing Board's expense, the award of compensatory damages against the respondent.
(9) assessing civil penalties, as appropriate, or arranging to have adjudicated in court at the Fair Housing Board's expense, the award of punitive damages against the respondent. For purposes of this chapter, civil penalties are defined as penalties assessed against the respondent to vindicate the public interest in an amount:
A. not exceeding $50,000 for a first violation; and
B. not exceeding $100,000 for any subsequent violation.
(10) such other further relief as the Fair Housing Board may deem appropriate for enforcement of Section 665.03.
(c) The Fair Housing Board shall make a final administrative disposition of a complaint within one (1) year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and respondent shall be notified, in writing, of the reasons why disposition of the complaint cannot be made within the time prescribed.
(d) Nothing in this chapter shall be construed to prevent the City, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter.
(e) The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Cuyahoga County Common Pleas Court under Chapter 2506 of the Revised Code, or in another forum or court of competent jurisdiction as provided by law.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)
The City, the complainant, or any person aggrieved by a violation of any provision of this chapter may at any time within one (1) year from the date of the alleged violation and in lieu of proceeding with the administrative process set forth in this chapter, apply to any court of competent jurisdiction for appropriate relief including, but not limited to:
(a) injunctive relief or an order otherwise compelling compliance with this chapter;
(b) compensatory damages and/or punitive damages;
(c) reasonable attorneys' fees and costs to complainant and/or the City as applicable; and/or
(d) such other or further relief as is appropriate for the enforcement of this ordinance and elimination of violations thereof.
The City shall notify the complainant of all statutes of limitations for the filing of complaints in state and/or federal court.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with any of the following:
(a) any person because of race, religion, color, sex, sexual orientation, national origin, age, disability, or ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any property; or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations;
(b) any person because that person is, or has been, or is considering:
(1) participating, without discrimination on account of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, in any of the activities, services, organizations or facilities described in division (a)(1) of this section;
(2) affording another person or class of persons opportunity or protection so to participate;
(c) any person because that person is, or is considering lawfully aiding or encouraging other persons to participate, without discrimination on account of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, in any of the activities, services, organizations or facilities described in division (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
Whenever the Fair Housing Board has reasonable cause to believe that any person or persons are engaged in a pattern or practice of resistance to a person's or persons' full enjoyment of the rights granted by Section 665.03 or 665.19, of this chapter, or that any group of persons has been denied any of the rights granted by such section and the denial raises an issue of public policy, the Fair Housing Board may refer the matter to the Director of Law for commencement of a civil action in a court of competent jurisdiction on behalf of the City. The Director of Law may seek any relief considered necessary to ensure the full enjoyment of the rights granted by this chapter.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
No person who receives or expects to receive pecuniary gain from the sale or rental of housing accommodations shall:
(a) influence or attempt to influence any other person who purports or represents himself or herself to be a prospective purchaser, occupant or tenant of housing accommodations to refrain from purchasing or renting housing accommodations by referring to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, of occupants or prospective occupants of other housing accommodations in the neighborhood;
(b) influence or attempt to influence, by any words, acts, or failure to act, any person who purports or represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations, in connection with the sale or rental of housing accommodations, in connection with the sale or rental of housing accommodations, so as to promote or tend to promote the continuance or maintenance of segregated housing or so as to retard, obstruct or discourage integrated housing on or in any street, block or neighborhood;
(c) discriminate against any person who purports or represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of housing accommodations or in the furnishing of information, services, or facilities relative thereto because of the race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era’ or disabled veteran status, familial status, marital status or ancestry of any person.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
This chapter shall not prevent the City or any person from exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court of law or equity.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
(a) Scope. The provisions of this chapter shall apply to all property, as defined herein, located within the territorial limits of the City of Cleveland, Ohio.
(b) Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.
(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)
(a) Whoever violates division (b) of Section 665.09 of this chapter is guilty of a misdemeanor of the third degree.
(b) Whoever violates Section 665.15 of this chapter is guilty of a misdemeanor of the first degree.
(c) The Fair Housing Board may not initiate any criminal proceeding arising under this chapter. However, nothing in this Section 665.99 shall prevent such Board from referring a possible criminal violation to the appropriate authorities.
(Ord. No. 1081-01. Passed 6-19-01, eff. 7-27-01)