§ 408.105. Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Aggrieved person includes any person who:

(1)

Claims to have been injured by a discriminatory housing practice; or

(2)

Believes that he/she will be injured by a discriminatory housing practice that is about to occur.

(b)

Building contractor includes any person engaged in the designing, redesigning, construction, reconstructing, repairing or remodeling of any housing facility within the City.

(c)

Commission means the Jacksonville Human Rights Commission established by Chapter 60.

(d)

Complainant means a person including the Commission who files a complaint under this Chapter.

(e)

Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent, and the Commission.

(f)

Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.

(g)

Discriminatory housing practice shall mean any act that is unlawful under 42 U.S.C. 3604, 3605, 3606, 3607 or 3617.

(h)

Dwelling means:

(1)

Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or

(2)

Any vacant land that is offered for sale, or lease for the construction or location of a building, structure, or part of a building or structure described by paragraph (1) above.

(i)

Executive Director means the Executive Director of the Jacksonville Human Rights Commission.

(j)

Family means one individual living alone and two or more individuals living together as a unit.

(k)

Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with:

(1)

A parent or another person having legal custody of such individual or individuals; or

(2)

The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(l)

Gender identity shall mean the gender-related identity, appearance, or expression of a person. Gender identity may be demonstrated by a person's consistent and uniform assertion of a particular gender identity, appearance or expression, or by any other evidence that a person's gender identity is sincerely held, provided, however, that gender identity shall not be asserted for any improper, illegal or criminal purpose.

(m)

General counsel means the General Counsel of the City of Jacksonville.

(n)

Handicap means a mental or physical impairment that substantially limits at least one major life activity, a record of such impairment, or being regarded as having such an impairment. The term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). In this Part, a reference to "an individual with a handicap" or to "handicap" does not apply to an individual because that individual is a transvestite.

(o)

Housing facility means and includes any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as the home, living quarters or residence of one or more families, and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.

(p)

Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under 11 U.S.C. 101 et seq. (Bankruptcy Code), receivers and fiduciaries.

(q)

Real estate broker includes any person duly licensed as a real estate broker under the laws of the state.

(r)

Real estate salesperson includes:

(1)

Any person, whether licensed or not, who:

(i)

For a fee, commission, salary or other valuable consideration or collecting the same, lists, sells, purchases, exchanges, rents, leases, or otherwise transfers real estate, or improvements thereon, including options, or

(ii)

Negotiates, or attempts to negotiate, such an activity or

(iii)

Advertises or holds himself out as engaged in such activities, or

(iv)

Negotiates, or attempts to negotiate, a loan secured by a mortgage or other encumbrance, upon a transfer of real estate, or

(v)

Is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, lease, rental or other transfer of real estate through its listing in a publication issued primarily for such purposes; and

(2)

A person employed by or acting on behalf of any of these.

(s)

To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(t)

Respondent means

(1)

The person or other entity accused in a complaint of a violation of this Part; or

(2)

Any person identified as an additional or substitute respondent under this Part of an additional or substitute respondent.

(u)

Sexual orientation shall mean an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

(Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 18; Ord. 2017-15-E , § 3)