ARTICLE II


DISCRIMINATION -     FAIR HOUSING



SEC.

6-021.00 Policy


    It is the policy of the Parish of St. Tammany to provide, within constitutional limitations, for fair housing throughout the Parish of St. Tammany, Louisiana. (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377; adopted 02/15/96)

SEC.

6-022.00 Definitions


    As used in this Article:

    a.     Dwelling - Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

    b.     Person - Includes a single individual.

    c.     Family - One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

    d.     To Rent - To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

    e.     Discriminatory Housing Practice - An act that is unlawful under Sections 6-024.00 through 6-026.00. (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-023.00 Application Of Prohibitions


    (a)    Subject to the provisions of Subsection 6-023.00(b) and Section 6-027.00, the prohibitions against discrimination in the sale or rental of housing set forth in section 6- 024.00 shall apply to: all dwellings except as exempted by subsection 6-023.00(b).

    (b)    Nothing in section 6-024.00 (other than subsection 6-024.00(c)) 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 (3) 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 twenty-four 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 (3) such single- family houses at any one time; provided further that the sale or rental of any such single-family house shall be exempted from the application of this title only if such house is sold or rented:


                (a)    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

                (b)    without the publication, posting or mailing, after notice of any advertisement or written notice in violation of Section 6-024.00(c) of this Article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance necessary to perfect or transfer the title.

        (2)    Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

    (c)    For the purpose of Subsection 6-023.00(b), a person shall be deemed to be in the business of selling or renting dwellings if:

        (1)    He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or

        (2)    He has, within the preceding twelve (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 (2) 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 (5) or more families. (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-024.00 Discrimination in the Sale Or Rental Of Housing


    As made applicable by Section 6-023.00 and except as exempted by Subsection 6- 023.00(b) and Section 6-027.00, it shall be unlawful:

    (a)    To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion or national origin.

    (b)    To 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 therewith, because of race, color, religion or national origin.

    (c)    To 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 or national origin, or an intention to make any such preference, limitation or discrimination.


    (d)    To represent to any person because of race, color, religion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

    (e)    For profit, to induce or attempt to induce any person to sell or rent any dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion or national origin. (Ord. No. 80- 69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-025.00 Discrimination in the Financing Of Housing


    It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided, that nothing contained in this Section shall impair the scope or effectiveness of the exception contained in Section 6-023.00(b). (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/97)

SEC.

6-026.00 Discrimination in the Provision Of Brokerage Services


    It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation, on account of race, color, religion or national origin. (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-027.00 Exemptions


    Nothing in this title shall prohibit a religious organization association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this title prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Ord. No. 80-69A, adopted 11/06/80; Ord. No. 96- 2377, adopted 02/15/97)

SEC.

6-028.00 Interference, Coercion, 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 having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right

granted or protected by Sections 6-023.00 through 6-026.00. (Ord. No. 80-69A, adopted 11/06/80; Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-029.00 Severability Of Provisions


    If any provision of this Article or the application thereto to any person or circumstances is held invalid, the remainder of the Article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Ord. No. 80- 69A, adopted 11/06/80; Ord. No. 96-2377, adopted 02/15/96)

SEC.

6-030.00 Penalty


    Any person violating any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed TWO HUNDRED DOLLARS ($200.00) or imprisonment not to exceed thirty (30) days, or both, as specified under Section 1.008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. Discrimination complaints may be filed with HUD. (Ord. No. 80-69A, adopted 11/06/80; amended by Ord. No. 96-2377, adopted 02/15/96)