05-014-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED; FAIR HOUSING SUPPLEMENT.

BY PRESIDENT NESS:

The city of Duluth does ordain:

     Section 1. That Section 29C-11 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 29C-11.     Fair housing supplement adopted.

     The law on file with the clerk as Public Document No. 04-0426-22 __________, the fair housing supplement, which document is a copy of the Fair Housing Act of 1968 (42 USC §3601 et seq), in force on January 1, 2003, with certain modifications, is hereby adopted by reference in this Section and made a part of the Duluth City Code, as authorized by Laws of Minnesota 2000, Chapter 402, accepted by the city by Resolution 00-0605. The aforementioned shall serve as the substantive rights, procedures, remedies and judicial review provisions available for implementation of the Fair Housing Act in the city of Duluth.

     Section 2. That Public Document No. 04-0426-22 be amended to be Public Document No. __________, and to be amended to read as follows:

     a)   That Section 2(a) of the fair housing supplement, adopted by Section 29C-11 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sect. 2

     (a)  Nothing in section 3 of this supplement other than subsection (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 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, attachment to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this supplement 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 3(c) of this supplement; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, attachment companies, and other such professional assistance as necessary to perfect or transfer the attachment, or

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

     b)   That Section 10(c) of the fair housing supplement, adopted by Section 29C-11 of the Duluth City Code, 1959, as amended, be amended to read as follows:

     (c)  Attorney's Fees. In any civil action under section 10, the court, in its discretion, may allow the prevailing party, a reasonable attorney's fee and costs, but not to exceed $1,000 to the City of Duluth or $3,000 to any other prevailing party.

     c)   That Section 11(b)(2) of the fair housing supplement, adopted by Section 29C-11 of the Duluth City Code, 1959, as amended, be amended to read as follows:

           (2) In a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, a reasonable attorney's fee and costs but not to exceed $1,000 to the City of Duluth or $3,000 to any other prevailing party.

     Section 3. That Section 29C-12 of Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 29C-12.     Choice of rights and remedies.

     A person claiming discriminatory housing practices may shall, at the time of filing the complaint, elect to proceed under either the terms of sections 29C-1 through 29C-10, or under the terms of sections 29C-11 through 29C-12, but may not proceed under both.

     Section 4. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  If the city has an ordinance that HUD deems equivalent to the federal fair housing act, then we may qualify for some grant money. HUD has told us that these changes are needed.


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