Planning and Zoning – Article 1. Fair Housing Code

Section 14-1. Policy.

It is the policy of the Town of Tryon to provide, within constitutional limitations, for fair housing.

Section 14-2. Definitions.

“Dwelling” means 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.
“Family” includes a single individual.
“Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representations, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
“To rent” includes to lease, to sublease, to let, and otherwise to for a consideration the right to occupy premises owned by the occupant.
“Discriminatory housing practice” means an act that is unlawful under Sections 14-3, 14-4, 14-5 or 14-6.

Section 14-3. Unlawful Practice.

Subject to the provisions of subsection (b) and Section 14-7 of the Tryon Town Code the prohibitions against discrimination in the sale or rental of housing set forth in Section 14-3 shall apply to:

All dwellings except as exempted by subsection (b) hereof.
Nothing in Section 144 shall apply to:
1. Any single-family house sold or rented by an owner.
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.
For the purpose of subsection (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 the sale or rental of any dwelling or any interest therein, or
2. He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale 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.

Section 14-4. Discrimination in the Sale or Rental of Housing.

As applicable by Section 14-25 and except as exempted by Sections 14-3 (b) and 14-7, it shall be unlawful:

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.
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.
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.
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.
For-profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, or national origin.

Section 14-5. 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 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 14-3(B).

Section 14-6. Discrimination in the Provision of Brokerage Services

It shall be unlawful to deny any person access to membership or participation in any multiple listing service, real estate brokers organizations 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.

Section 14-7. Exemption.

Nothing in this ordinance 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 preferences to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this ordinance 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.

Section 14-8. Administration.

The Board of Trustees shall have authority and responsibility for administering this act.
The Mayor may delegate any of these functions, duties, and powers to employees of the Town or to boards of such employees including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter under this ordinance.

Section 14-9. Enforcement.

Any person who claims to have been injured by a discriminating housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter defined as “person aggrieved”) may file a complaint with the Town of Tryon. Complaints shall be in writing and shall contain such information and be in such form as the Town of Tryon requires. Upon receipt of such a complaint, the Town of Tryon shall furnish a copy of the same to the person or persons who allegedly committed or about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under subsection (c), the Town of Tryon decides to resolve the complaints, the Town shall proceed to fry to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this ordinance without the written consent of the persons concerned. Any employee of the Town of Tryon who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00).
A complaint under subsection (a) shall be filed within one hundred and eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the Town of Tryon, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
If within thirty (30) days after a complaint is filed with the Town of Tryon, the Town of Tryon has been unable to obtain voluntary compliance with this ordinance, the person aggrieved may, within thirty (30) days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development.
If the Town of Tryon has been unable to obtain voluntary compliance within thirty (30) days of the complaint, the person aggrieved may, within thirty (30) days hereafter commence a civil action in any appropriate court against the respondent named in the complaint to enforce the rights granted or protected by this ordinance insofar as such rights relate to the subject of the complaint. If the Court finds that a discriminatory housing practice has occurred or is about to occur, the Court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
In any proceeding brought pursuant to this Section, the burden of proof shall be on the complainant

Section 14-10. Enforcement by Private Persons.

The rights granted by Sections 14-3, 14-4, 14-5, and 14-6 may be enforced by civil actions in State or local courts of general jurisdiction.

Section 14-11. Interference, Coercion, or 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 saving 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 this ordinance. This Section may be enforced by appropriate civil action.

Section 14-12. Separability of Provisions.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

Town of Tryon