§ 95.02. Discrimination against families with children in residential rental units.

(A)

It is hereby declared that the public policy of North Bay Village as set forth in the original comprehensive master plan is to encourage the continued mixture of citizens and residents of all age groups, older persons, as well as younger families to continue to reside within North Bay Village and to use the available facilities which include the Village park and recreation area and the Treasure Island Elementary School operated by the Dade County Board of Public Instruction within North Bay Village.

(B)

The aforesaid public policy should be implemented by the prohibition of discrimination against families with children in residential units within North Bay Village.

(C)

(1)

It is unlawful for the owner, lessor, lessee, sublessee, real estate broker or salesman, assignee or other person having right of ownership or possession of any housing accommodations consisting of more than two units to refuse to rent or lease accommodations to any person because such person or persons have minor children who shall occupy the premises or to represent to any person because of the potential tenancy of a minor child, that the accommodations are not available for inspection or rental when they, in fact, are; to advertise housing accommodations in a manner that indicates preference, limitation or discrimination based upon the potential tenancy of minor children; or to include in any rental agreement a provision that as a condition of continued tenancy the tenants shall remain childless.

(2)

It shall be unlawful for the owner, a lessor, lessee, sublessee, real estate broker or salesman, assignee or other person having right of ownership or possession of any housing accommodations consisting of more than two units to discriminate against any person in the terms, conditions or privileges of the rental of housing accommodation or in the provision of services or facilities in connection therewith, because of the potential tenancy of a minor child or children.

(3)

This section shall not prohibit the person having the right to rent or lease the premises from requiring the same financial obligations of prospective tenants with minor children as they may require of prospective tenants without children. However, no discrimination in the amount or manner of payment of said financial obligation shall be permitted.

(D)

(1) The provisions of this section shall not apply to persons who are owners of a single residential unit, whether same is a home, town house, or condominium parcel or cooperative apartment, but shall apply to condominium parcels operated by a management company primarily for rental purposes.

(2)

In residential buildings, otherwise covered by this section, where the owner has publicly, prior to July 1, 1979, established and carried out a policy of renting exclusively to persons who are defined herein as elderly, and has maintained that policy for at least two years prior to this section, said owner or any other person enumerated in subsection (c) hereinabove, shall be exempt from the provision of this section, provided, however, that deviation from or abandonment of said policy shall automatically subject said owner to all of the provisions of this section.

(3)

Definition of "elderly": All persons who have attained the age of 55 or more years.

(E)

Any person, firm or corporation violating the provisions of this section shall be subject to the maximum penalties as provided by Section 3.08.D of the Charter of North Bay Village.

(1964 Code, § 11A-2)

Note— See the editor's note to Ch. 95.