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HomeMy WebLinkAboutOrd 2526 - TMC Chapter 8.47 "Fair Housing" - Prohibits Residential Rental Discrimination Cover page to Ordinance 2526 The full text of the ordinance follows this cover page. Ordinance 2526 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 6, 7 2549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS PROHIBITING RESIDENTIAL RENTAL DISCRIMINATION, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.47; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila and all communities in King County are experiencing an unprecedented demand for rental housing units; and WHEREAS, there are government programs that assist families, the elderly, veterans and people with disabilities through financial subsidies that allow them to afford decent and safe housing in the private market; and WHEREAS, a significant number of people have difficulty securing adequate rental housing without such financial assistance, and it is essential to ensure housing is available to those families and individuals; and WHEREAS, it has come to the City Council's attention that in a housing market such as King County's, families and individuals using rental subsidies are subject to denial of housing; and WHEREAS, when people lose their homes as a result of income-source-based discrimination, there is an increased risk of homelessness, and children can experience disruptions to education and social development; and WHEREAS, practices of discrimination on the basis of participation in housing subsidy programs are a matter of local concern and contrary to the public welfare, health, peace and safety of Tukwila residents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\ResidentiaI rental discrimination prohibited 2-15-17.doc LH:bjs Page 1 of 4 Section 1. Regulations Established. Tukwila Municipal Code Chapter 8.47, "Fair Housing Regulations," is hereby established to read as follows: Section 2. Regulations Established. TIVIC Section 8.47.010, "Source of Income Discrimination Prohibited," is hereby established to read as follows: 8.47.010 Source of Income Discrimination Prohibited No property owner, property manager, landlord or agent who rents or leases rental units may refuse to rent or lease a rental unit to any tenant or prospective tenant, or otherwise discriminate or retaliate against that person, solely on the basis that the person proposes to pay a portion of the rent from a source of income as defined in this chapter. Section 3. Regulations Established. TMC Section 8.47.020, "Definitions," is hereby established to read as follows: 8.47.020 Definitions For purposes of this chapter, the following words or phrases shall have the meaning prescribed as follows: 1. "Source of income" includes legally-derived income from social security; supplemental security income; other retirement programs; or any federal, state, local, or nonprofit administered benefit or subsidy programs, including housing assistance, public assistance and general assistance programs. 2. Other terms used in this chapter shall be defined as set forth in Tukwila Municipal Code Chapter 5.06, "Residential Rental Business License and Inspection Program." Section 4. Regulations Established. TIVIC Section 8.47.030, "Applicability," is hereby established to read as follows: 8.47.030 Applicability Nothing in this chapter will apply if the rental unit does not qualify for participation in the tenant's "source of income" program, although any property owner or manager that refuses to rent a rental unit to a person on this basis must notify that person in writing of the reasons why the rental unit is ineligible. Refusal to allow a health and safety inspection of the W: Word Processing\Ordinances\ResidentiaI rental discrimination prohibited 2-15-17.doc LH:bjs Page 2 of 4 CHAPTER 8.47 FAIR HOUSING REGULATIONS Sections: 8.47.010 Source of Income Discrimination Prohibited 8.47.020 Definitions 8.47.030 Applicability 8.47.040 Exceptions 8.47.050 Enforcement 8.47.060 Penalties Section 2. Regulations Established. TIVIC Section 8.47.010, "Source of Income Discrimination Prohibited," is hereby established to read as follows: 8.47.010 Source of Income Discrimination Prohibited No property owner, property manager, landlord or agent who rents or leases rental units may refuse to rent or lease a rental unit to any tenant or prospective tenant, or otherwise discriminate or retaliate against that person, solely on the basis that the person proposes to pay a portion of the rent from a source of income as defined in this chapter. Section 3. Regulations Established. TMC Section 8.47.020, "Definitions," is hereby established to read as follows: 8.47.020 Definitions For purposes of this chapter, the following words or phrases shall have the meaning prescribed as follows: 1. "Source of income" includes legally-derived income from social security; supplemental security income; other retirement programs; or any federal, state, local, or nonprofit administered benefit or subsidy programs, including housing assistance, public assistance and general assistance programs. 2. Other terms used in this chapter shall be defined as set forth in Tukwila Municipal Code Chapter 5.06, "Residential Rental Business License and Inspection Program." Section 4. Regulations Established. TIVIC Section 8.47.030, "Applicability," is hereby established to read as follows: 8.47.030 Applicability Nothing in this chapter will apply if the rental unit does not qualify for participation in the tenant's "source of income" program, although any property owner or manager that refuses to rent a rental unit to a person on this basis must notify that person in writing of the reasons why the rental unit is ineligible. Refusal to allow a health and safety inspection of the W: Word Processing\Ordinances\ResidentiaI rental discrimination prohibited 2-15-17.doc LH:bjs Page 2 of 4 property by a public housing authority shall not be considered a legitimate basis for refusing to rent due to program ineligibility. Section 5. Regulations Established. TIVIC Section 8.47.040, "Exceptions," is hereby established to read as follows: 8.47.040 Exceptions Nothing in this chapter shall: 1. Apply if the tenant's source of income is pre-scheduled to terminate during the term of the initial lease; 2. Apply to the renting, subrenting, leasing or subleasing of a portion of a single- family dwelling, wherein the owner or person entitled to possession thereof maintains a permanent residence, home or abode therein; 3. 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 rental or occupancy of dwellings 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 the basis of race, color, national origin or other illegal discriminatory basis; 4. Be construed to prohibit treating people with a disability more favorably than people who do not have a disability; or 5. Be construed to protect criminal conduct or prohibit any person from limiting the rental or occupancy of a dwelling based on the use of force, threats, or violent behavior by an occupant or prospective occupant. Section 6. Regulations Established. TIVIC Section 8.47.050, "Enforcement," is hereby established to read as follows: 8.47.050 Enforcement The provisions of TIVIC Section 8.45.050 shall be adopted by reference herein, and shall apply to violations of this chapter. Section 7. Regulations Established. TIVIC Section 8.47.060, "Penalties," is hereby established to read as follows: 8.47.060 Penalties A. Any person violating or failing to comply with the provisions of this chapter may be issued a civil infraction citation pursuant to TIVIC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $1,000 for the first violation, and $2,500 for the second violation by the same person within a two-year period. W: Word Processing\Ordinances\ResidentiaI rental discrimination prohibited 2-15-17.doc LH:bjs Page 3 of 4 B. Any order imposing a civil penalty pursuant to TIVIC Section 8.47.060A. shall summarize the factual and legal basis for the violation and notify the recipient of the right to appeal the penalty pursuant to TIVIC Section 8.45.090. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this i. day of M e- 2017. ATTEST/AUTHENTICATED: Christy- O'Flah&ty, M­MC, City Clerk ac Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council -- Published: f) Effective Date: 1, -�) Ordinance Number:- cyk W: Word Processing\Ordinances\ResidentiaI rental discrimination prohibited 2-15-17.doc LRbjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2523 -2526. On March 6, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2523: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING A NEW DEFINITION RELATED TO TREES TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06; AMENDING VARIOUS ORDINANCES AS CODIFIED IN CHAPTER 18.52 OF THE TUKWILA MUNICIPAL CODE TO RECODIFY VARIOUS SECTIONS AND TO ESTABLISH NEW LANDSCAPE REQUIREMENTS; REPEALING VARIOUS ORDINANCE SECTIONS TO ELIMINATE EXISTING TUKWILA MUNICIPAL CODE SECTIONS 18.52.035 AND 18.52.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2524: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2199 §18,1872 §14 (PART) AND 1853 §4 TO RELOCATE CERTAIN SECTIONS OF THE TUKWILA MUNICIPAL CODE FROM THE LANDSCAPE REQUIREMENTS CHAPTER TO THE SUPPLEMENTAL DEVELOPMENT STANDARDS CHAPTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2525: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2199 §18 AND 1872 §14 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 18.52.060, "RECREATION SPACE REQUIREMENTS," TO REMOVE THAT SECTION FROM TMC CHAPTER 18.52 AND ADD "RECREATION SPACE REQUIREMENTS" TO TMC CHAPTERS 18.12 AND 18.14; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2526: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS PROHIBITING RESIDENTIAL RENTAL DISCRIMINATION, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.47; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: March 9, 2017