§ 46-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the individual designated as the fair housing officer by the city manager.

Answer means a written response addressing the allegations made in the complaint.

Commission means the fair housing commission created pursuant to section 2-561 to exercise the powers and duties set forth in section 2-563.

Complainant means a person, including the administrator or the commission, who files a complaint under section 46-34.

Complaint means a written grievance, problem, difficulty, or concern submitted to the fair housing office or the commission.

Compliance means the act of following through with a wish or command.

Conciliation means the attempted resolution of issues raised by a complainant or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.

Conciliation agreement means a written agreement setting forth the resolution of the issues in complaint.

Disability means a mental or physical impairment that substantially limits at least one major life activity, a record of impairment, or being regarded as having the impairment. The term does not include current illegal use or addiction to any drug or illegal or federally controlled substance.

Discriminatory housing practice means an act that is unlawful under sections 46-30, 46-31, 46-32 and 46-33 or unlawful under the Federal Fair Housing Act.

Dwelling means any:

(1)

Building, structure or portion thereof that is occupied as or designed and 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 thereon of any such building, structure or portion thereof described in subsection (1) of this definition.

Family includes any group of persons desiring to reside together as well as a single person.

Familial status means the status resulting from:

(1)

One or more persons who are under 18 years old being domiciled with an individual who is either the parent of the persons under 18 years old, the legal guardian or custodian of the persons under 18 years old, or the designee (with written authorization) of the persons under 18 years old;

(2)

Being pregnant; or

(3)

Being in the process of securing legal custody of a person who is under 18 years old.

Housing for older persons means housing:

(1)

That is determined by the equal employment/fair housing officer, consistent with the federal department of housing and urban development's guidelines, to be specifically designed and operated to assist elderly persons under a federal or state program;

(2)

Intended for, and solely occupied by, persons 62 years of age and 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 meets this definition, the equal employment/fair housing officer shall consider at least the following factors:

a.

The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if such improvements are not practicable, that such housing is necessary to provide important housing opportunities for older persons;

b.

That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

c.

The publication of and adherence to policies and procedures demonstrating an intent by the owner or manager to provide housing for persons 55 years of age or older.

Investigation means a formal or systematic examination or research of the complaint.

Respondent means:

(1)

The person accused of a violation of this article in a complaint of discriminatory housing practice; or

(2)

Any person identified as an additional or substitute respondent or an agent of an additional or substitute respondent.

Rent means to lease, to sublease, or to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

( Ord. No. 13,226 , § 2, 7-14-16)