Broward County Commission Regular Meeting
Director's Name: Mark D. Bogen
Department: County Commission
Information
Requested Action
title
MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending various sections of Chapter 16½ of the Broward County Code of Ordinances regarding discrimination in real estate transactions, to limit complaints regarding lawful source of income to aggrieved persons with the actual intent to enter into the real estate transaction at issue. (Commissioner Bogen)
body
Why Action is Necessary
Board direction is required for the Office of the County Attorney to draft an Ordinance amending the Broward County Code of Ordinances.
What Action Accomplishes
Directs the Office of the County Attorney to draft an Ordinance requiring demonstration of actual intent to enter into the applicable transaction for complaints regarding unlawful discrimination based on lawful source of income.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Section 16½-35 of the Broward County Code of Ordinances (“Code”) makes it unlawful for any person to discriminate on the basis of a discriminatory classification in connection with the sale or rental of a dwelling. The list of discriminatory classifications in the Code includes the seven categories protected by the federal Fair Housing Act (race, color, national origin, religion, sex, familial status, and disability) as well as several other categories, including lawful source of income.
Persons who are injured by a discriminatory practice can file a complaint with the Broward County Human Rights Section. The Code requires only that the person claim to have been injured by the discriminatory practice. Recent cases in Broward and Miami-Dade circuit courts have found that organizations also have the requisite injury to file complaints for discriminatory housing practices. According to filings in a recent lawsuit, one recently incorporated association has filed more than 30 lawsuits against various real estate entities under local fair housing ordinances.
This item, if approved, would direct the Office of the County Attorney to amend the Broward County housing discrimination regulations to limit complaints for discrimination on the basis of lawful source of income only to persons who can show actual intent to enter into the subject real estate transaction.
Source of Additional Information
Fiscal Impact
Fiscal Impact/Cost Summary
To be determined by the Office of Management and Budget upon presentation of a draft Ordinance.