AN ORDINANCE relating to civil rights, creating a new Public Accommodations Chapter, SMC 14.06, and amending SMC Chapter 14.08 by amending and repealing various sections thereof.

WHEREAS, 42 U.S.C. section 3610(f)(3)(a) requires that local civil rights ordinances be substantially equivalent to the Federal Fair Housing Act, 42 U.S.C. section 3601 et seq. in order to receive certification by the United States Department of Housing and Urban Development ("HUD"); and

WHEREAS, local municipalities whose civil rights ordinances are deemed to be substantially equivalent to the Federal Fair Housing Act are granted certification, whereby discrimination complaints which allege violations of the Federal Fair Housing Act may be dually filed with both the local municipality's civil rights office and the United States Department of Housing and Urban Development; and

WHEREAS, certification ensures that the local municipality's civil rights office is reimbursed by the federal government for any expenses incurred in defending federal civil rights laws; and

WHEREAS, HUD has required certain changes to Seattle's fair housing provisions as a condition to granting its certification of substantial equivalency; and

WHEREAS, it will increase the effectiveness of the City's laws against discrimination and facilitate understanding of and ease of administration of such laws by providing separate chapters for laws prohibiting discrimination in public accommodations and laws prohibiting discrimination related to housing; and

WHEREAS, HUD has approved the amendments related to the City's open housing laws as set forth herein;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section SMC 14.08.010 is hereby amended as follows:

SMC 14.08.010 Short title and purposes.

A. This chapter shall be known as and may be cited as the "Open Housing and Public AccommodationsOrdinance." The general purposes of this chapter are to promote the availability and accessibility of housing and real property to all persons; to prohibit unfair practices in real property transactions, whether direct or indirect, which inexcusably and unjustifiably deny those persons equal rights and opportunities in acquiring, disposing of or occupying real property; to assure all persons equal opportunity to the full enjoyment of places of public accommodation; to eliminate and to prevent unlawful discrimination in places of public accommodation; and to provide enforcement mechanisms for the accomplishment of such purposes. ; and to these endsTthe provisions of this chapter shall be liberally construed to accomplish these purposes. The role of the Seattle Office for Civil Rights is toshall enforce the provisions of this chapter in furtherance ofto further this policy. Consistent with SMC 3.14.911, the Department shall adopt a rule, which requires owners or other persons to post signs upon property subject to the provisions of this Chapter or at other locations which indicate that such property is available for lease or purchase on a basis which is nondiscriminatory under the provisions of this Chapter. A person violating such rule shall be subject to a $500 penalty for each day of violation.

B. This chapter shall not be construed to endorse specific beliefs, practices or lifestyles.

C. Nothing in this chapter shall be deemed to deny any person the right to institute any action or to pursue any civil or criminal remedy for the violation of such person's civil rights, except as provided in SMC 14.08.095(C).

D. To avoid duplication of efforts or otherwise conserve agency resources, the Director may suspend or close a case for any reason consistent with this chapter, including the reason that the case is being actively pursued in another forum. The commencement of a civil action by the Department to enjoin any unfair practice in violation of this chapter shall not preclude the initiation or continuation of administrative proceedings under this chapter.

E. Remedies under this chapter should include such relief authorized by law as may be appropriate and reasonable to provide appropriate temporary or preliminary relief as well as to make the aggrieved person whole and eliminate the unfair practice.

F. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents.

Section 2. SMC 14.08.020 is hereby amended as follows:

SMC 14.08.020 Definitions.

Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed:

A. "Aggrieved person" includes any person who:

1. Claims to have been injured by an unfair practice prohibited by this chapter; or

2. Believes that he or she will be injured by an unfair practice prohibited by this chapter that is about to occur.

B. "Blockbusting" means, for profit, to promote, induce, or attempt to promote or induce any person to, engage in a real estate transaction by representing that a person or persons of a particular race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, or who participates in a Section 8 program, or who is disabled, or who is a disabled person who uses a trained dog guide or service animal has moved or may move into the neighborhood.

C. "Charge" means a claim or set of claims alleging an unfair practice or practices prohibited under this chapter.

A.D. "Charging party" means theany person aggrieved by an unfair practice, or the person making a charge on another person's behalf, or the Directorwho files a charge alleging an unfair practice under this chapter, including the Director when the Director files a charge.

B.E. "City" means The City of Seattle.

C.F. "City department" means any agency, office, board or commission of the City, or any department employee acting on its behalf, but shall not mean a public corporation chartered under Ordinance 103387, or its successor ordinancesCh. 3.110 SMC, or any contractor, consultant, or concessionaire or lessee.

D.G. "Commission" means the Seattle Human Rights Commission.

E.H. "Department" means the Seattle Office for Civil Rights.

F.I. "Director" means the Director of the Seattle Office for Civil Rights or the Director's designee.

J. "Disability" means the condition of being disabled.

K. "Disabled" means, with respect to a person:

1. Having a physical or mental impairment which substantially limits one or more of such person's major life activities, either temporarily or permanently, or

2. Having a record of having such an impairment, or

3. Being regarded as having such an impairment, but such term does not include current illegal use of a controlled substance (as defined in section 102 of the Controlled Substances Act as of the date of passage of this section (21 U.S.C. 802.

L. "Discriminate" means to do any act which constitutes discrimination.

G.M. "Discriminateion" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, possession or use of a participation in a Section 8 rent certificate program, the presence of any sensory, mental or physical handicapdisability or the use of a trained dog guide or service doganimal by a handicappeddisabled person.

N. "Dual-filed" means any charge alleging an unfair practice that is filed with both the Department of Housing and Urban Development and the Seattle Office for Civil Rights without regard to which of the two agencies initially processed the charge.

H.O. "Dwelling" means any building, structure, or portion thereof which is occupied as, or is designed or intended for occupancy as, a residence by one or more individuals or 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.

I. "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, color, sex, marital status, parental status, sexual orientation, gender identity, political ideology, creed, religion, national origin, ancestry, persons holding a Section 8 rent certificate, persons with any sensory, mental or physical handicap, or handicapped persons using trained guide or service dogs, to be treated as not welcome, accepted, desired or solicited.

J.P. "Gender identity" means a person's identity, expression, or physical characteristics, whether or not traditionally associated with one's biological sex or one's sex at birth, including transsexual, transvestite, and transgendered, and including a person's attitudes, preferences, beliefs, and practices pertaining thereto.

Q. "Hearing Examiner" means the Seattle Hearing Examiner.

K. "Holder" means a person possessing a Section 8 rent certificate.

L. "Housing accommodations" includes any dwelling, rooming unit, rooming house, lot or parcel of land in the City which is used, intended to be used, or arranged or designed to be used as, or improved with, a residential structure for one (1) or more human beings.

MR. "Lender" includesmeans any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person or agent thereof, engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of real property.

NS. "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabitating.

OT . "Occupant" includesmeans any person who has established residence or has the right to occupancy of real property.

PU. "Owner" includesmeans any persons who owns, leases, subleases, rents, operate s, manages, haves charge of, controls or haves the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another.

QV. "Parental status" means being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children under the age of eighteen (18) years, or the designee with written permission of a parent or other person having legal custody of a child or children under the age of eighteen (18) years , with the written permission of such parent or other person, which child or children shall reside permanently or temporarily or shall seek full enjoyment of any place of public accommodation with such parent or other person. In addition, parental status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of any person who has not yet attaineda minor child under the age of eighteen (18) years.

R)W. "Party" includesmeans the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Seattle Office for Civil Rights.

SX. "Person" includesmeans one (1) or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee, whether one (1) or more natural persons, and further includes any political or civil subdivisions or agency or instrumentality of the City.

T. "Place of public accommodation" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates or assembles for amusement, recreation or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two (2) or more tenants, or by the owner and one (1) or more tenants, or any public library or private educational institution, or private schools of special instruction, or nursery schools, or day care centers or children's camps.

UY. "Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not interfere with the property rights of the landowner as it applies to housing,. or which does not cause substantial and material disruption of the property rights of the provider of a place of public accommodation.

VZ. "Prospective borrower" includesmeans any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of real property.

WAA. "Prospective occupant" includesmeans any person who seeks to purchase, lease, sublease or rent real property.

XBB. "Real estate agent, salesperson or employee" includesmeans any person employed by, associated with or acting for a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.

YCC. "Real estate broker" includesmeans any person who for a fee, commission, or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease or rental of real property of another, or holds themselves out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting real property of another, or collects the rental for use of real property of another.

DD. "Real estate transaction" means the sale, purchase, conveyance, exchange, rental, lease, sublease, assignment, transfer or other disposition of real property.

ZEE. "Real estate-related transaction" means any of the following:

1. The making or purchasing of loans or providing other financial assistance:

a. For purchasing, constructing, improving, repairing, or maintaining real property, or

b. Secured by real property; or

2. The selling, brokering, or appraising orf real property.; or

3. The insuring of real property, mortgages, or the issuance of insurance related to any real estate transaction.

AAFF. "Real property" includesmeans housing accommodationsdwellings, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.

BBGG. "Respondent" means any person who is alleged to have committed an unfair practice prohibited by this chapter.

CC. "Rooming unit" includes one (1) or more rooms within a dwelling or rooming house containing space for living and sleeping.

DD. "Section 8 rent certificate" means a document, including vouchers and other payment coupons, issued by a government agency declaring the holder thereof eligible to participate in the Section 8 program and stating the terms and conditions of such participation.

EE.HH. "Section 8 program" means a federal, state or local government program in which a tenant's rent is paid partially by the government program (through a direct contract between the government program and the owner or lessor of the real property), and partially by the tenant.

FF.II. "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining thereto.

JJ. "Steering" means to show or otherwise take an action which results, directly or indirectly, in steering a person or persons to any section of the City or to a particular real property in a manner tending to segregate or maintain segregation on the basis of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability or the use of a trained dog guide or service animal by a disabled person.

Section 3. SMC 14.08.030 is hereby amended as follows:

SMC 14.08.030 Unfair practices forbidden.

A. Unfair practices as defined in this chapterSections 14.08.040 through 14.08.090 are contrary to the public peace, health, safety and general welfare and are prohibited by the City in the exercise of its police power.

B. Unless the context otherwise requires, "unfair practice" includes "unfair real estate practice."

Section 4. SMC 14.08.040 is hereby amended as follows:

SMC 14.08.040 Unfair practices -Generally.

A. It is an unfair real estate practice for any owner, assignee, real estate broker, real estate agent, salesperson or employee, or otherperson having the right to sell, rent, lease, sublease, assign, transfer, or otherwise dispose of real property, to discriminate by:

1. uUndertaking or refusing to sell, rent, lease, sublease, assign, transferengage in a real estate transaction or otherwise deny to or withhold from any person or group of personssuch real property,; or

2. rRefuseing to negotiate for the sale, rental, lease, sublease, assignment or transfer of real property, or segregate the use thereofa real estate transaction ,; or

3. rRepresenting that such real property is not available for inspection, sale, rental, or lease when in fact it is so available,; or

4. eExpelling or evicting an occupant from real property or otherwise makeing unavailable or denying a dwelling because of the person's race, color, creed, religion, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 certificate, or the presence of any sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person,; or

5. to discriminate against or segregate any person because of such person's race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 certificate, or the presence of any sensory, mental or physical handicap or the use of a trained guide or service dog by a handicapped person in theApplying different terms, conditions or privileges of the sale, rental, lease, sublease, assignment, transfer or other disposition of any such real propertya real estate transaction, including but not limited to the setting of rates for rental or lease, or establishment of damage deposits, or other financial conditions for rental or lease, or in the furnishing of facilities or services in connection therewith with such transaction.

B. It is an unfair real estatepractice for any real estate broker, real estate agent, salesperson, or employee to discriminate by:

1. Refusing or intentionally failing to list real property for sale, rent, or lease; or

2. Refusing or intentionally failing to show real property listed for sale, rental, or lease; or

3. Refusing or intentionally failing to accept and/or transmit any reasonable offer to purchase, lease, or rent real property.

C. It is an unfair real estatepractice to discriminate by denying a person access to, or membership or participation in, a multiple listing service or real estate brokers' organization or other service, or to discriminate in the terms and conditions of such access, membership, or participation.

B.D. It is an unfair real estate practice to unreasonablyprohibit reasonable modifications needed by a handicappeddisabled tenant. Whether or not the landlord permits tenants in general to make alterations or additions to a structure or fixtures, it is an unfair practice for a landlord to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicappeddisabled person equal opportunity to use and enjoy any dwelling, or to refuse to allow a person to make alterations or additions to existing premises occupied or to be occupied by a handicappeddisabled person, which are necessary to make the rental property accessible by handicapped disabled persons, under the following conditions:

1. The landlord is not required to pay for the alterations, additions, or restoration unless otherwise required by federal law. ;

2. The landlord has may reserve the right to approve the design, quality, and construction of the alterations or additions in order to minimize damage to the building and enforce standards of quality and architectural compatabilitydemand assurances that all modifications will be performed pursuant to local permit requirements, in a professional manner, and in accordance with applicable building codes.;

3. The landlord may, where it is reasonable to do so, condition permission for modification on the renter's tenant's agreeingment to restore the interior of the premises to the condition that existed before the modificationits preexisting condition, reasonable wear and tear excepted.

C.E. It is an unfair real estate practice under this chapter for any person to design or construct a building or structure that does not conform with the Federal Fair Housing Act as amended,42 U.S.C. section 3601et. seq. 3604, the Washington State Barrier Free Act, WAC Ch. 51-1 40 or Ch. 5150 as required by chapters 19.27 RCW and 70.92 RCW, other regulations adopted under 42 U.S.C. 3604 and chapters 19.27 RCW and 70.92 RCW, any other applicable laws pertaining to access by disabled persons, or any rules or regulations promulgated thereunder. Whenever If the requirements of the applicable laws shall differ, those which require greater accessibility for handicapped disabled persons shall govern.

D. It is an unfair practice for any person or his or her agent or employee to commit an act which directly or indirectly requires any person to pay a larger sum than the uniform rates charged other persons, or to refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public accommodation, or to deny, directly or indirectly, any person the full enjoyment of any of the goods, services, accommodations, facilities, privileges or advantages in any place of public accommodation because of the person's race, color, religion, ancestry, sex, marital status, parental status, sexual orientation, gender identity, political ideology, creed, national origin, possession or use of a Section 8 rent certificate, sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person, except for conditions and limitations established by law and applicable to all persons regardless of race, color, religion, ancestry, sex, marital status, parental status, sexual orientation, gender identity, political ideology, creed, national origin, possession or use of a Section 8 rent certificate, sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person.

E. It is an unfair practice for any person, agent or employee to print, circulate, post, mail or otherwise cause directly or indirectly to be published a statement, advertisement or sign which indicates directly or indirectly that the full enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation will be refused, withheld from, denied or in some manner limited or restricted toward an individual; or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable because of a person's race, color, religion, creed, ancestry, national origin, sex, marital status, parental status, sexual orientation, gender identity, possession or use of a Section 8 rent certificate, sensory, mental or physical handicap, or handicapped person's use of a trained guide or service dog.

Section 5. SMC 14.08.045 is hereby amended as follows:

SMC 14.08.045 Retaliation, harassment, or coercion.

A. It is an unfair practice under this chapterfor any person to:

1. Aid, abet, incite, compel, or coerce the doing of any act defined in this chapter as an unfair practice; or to intimidate, harass, retaliate, obstruct or discriminate against a person in any manner because such person hascomplied with or proposesd to comply with provisions ofthis chapter or any order issued under this chapter or hasfiled a charge or complaint, has testified, or has assisted in any investigation, proceeding, or hearing under this chapter, or any order issued thereunder; or to attempt, either directly or indirectly, to commit any act defined in this chapter to be an unfair practice; or toapply any economic sanctions or to deny membership privileges because of compliance with the provisions ofthis chapter; or

2. Coerce, intimidate, threaten, or otherwise interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapterwho exercises or enjoys any right granted or protected under this chapter or who aids or encourages another in the exercise or enjoyment of such rights.

B. It is an unfair practice for any person, whether or not acting for profit, to harass, intimidate, discriminate against or otherwise abuse any person or person's friends or associates because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person with the purpose or effect of denying to such person the rights granted in this chapter or the right to quiet or peaceful possession or enjoyment of any real property.

B.C. Any unfairpractice under this section which has the purpose or effect of denying a person the right to be free from discrimination in real estate practicestransactions or the right to quiet or peaceful possession or enjoyment of real property (other than as a place of public accommodation), or of interfering with a person's compliance with the provisions of this chapter prohibiting unfair real estate practices, or of interfering with a person's filing of a charge or assisting in any proceeding relatinged to an unfair real estate practice under this chapter, is an unfair real estatepractice.

Section 6. SMC 14.08.050 is hereby repealed.

SMC 14.08.050 Refusal or failure to list or show property.

It is an unfair real estate practice for any real estate broker or real estate agent, salesperson or employee to, because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, the presence of sensory, mental or physical disability, the use of a trained guide or service dog by a handicapped person, or the possession or use of a Section 8 rent certificate by an occupant, purchaser, prospective occupant, or prospective purchaser:

A. Refuse or intentionally fail to list or discriminate in listing real property for sale, rent, lease or sublease;

B. Refuse or intentionally fail to show a prospective occupant real property listed for sale, rental, lease or sublease;

C. Refuse or intentionally fail to accept and/or transmit to an owner any reasonable offer to purchase, lease, rent or sublease real property.

Section 7. SMC 14.08.055 is hereby repealed.

SMC 14.08.055 Participation in multiple listing service.

It is an unfair real estate practice to deny a person access to, or membership or participation in, a multiple listing service or real estate brokers' organization or other service because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 certificate or the presence of any sensory, mental, or physical handicap or the use of a trained guide or service dog by a handicapped person.

Section 8. SMC 14.08.060 is hereby amended as follows:

SMC 14.08.060 Discrimination in real estate-related transactions.

It is an unfair real estate practice for any lender, or any agent or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any real property, or any other person whose business includes engaging in real estate-related transactions, to:

A. Discriminate against any person, prospective occupant or occupant tenant of real property in the granting, withholding, extending, making available, modifying or renewing, or in the rates, terms, conditions or privileges of, any such financial assistance a real estate related transaction, or in the extension of services in connection therewith; or

B. Discriminate by Uuseing any form of application for such a real estate related transaction financial assistance or makeing any record of inquiry in connection with applications for such a real estate related transaction financial assistance which expresses, directly or indirectly, any limitation, specification, or an intent to discriminateion because of race, color, religion, creed, ancestry, national origin, sex, age, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 rent certificate, the presence of any sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person, unless required or authorized by local, state or federal laws or agencies for the purpose of to preventing discrimination in real property; provided that, nothing in this provision shall prohibit any party to a credit transaction from requesting designation of marital status for the purpose of considering application of community property law to the individual case or from taking reasonable action thereon or from requesting information regarding age, parental status, or possession or use ofparticipation in a Section 8 rent certificateprogram when such information is necessary to determine the applicant's ability to repay the loan.

Section 9. SMC 14.08.070 is hereby amended as follows:

SMC 14.08.070 Unfair inquiries or advertisements.

It is an unfair real estate practice for any owner, real estate agent, salesperson or employee, real estate broker, orany otherperson, to:

A. Require any information, make or keep any record, or use any form of application containing questions or inquiries concerning race, color, creed, religion, ancestry,creed, national origin, age, sex, marital status, parental status, sexual orientation, gender identity,parental status, political ideology, possession or use ofparticipation in a Section 8 rent certificateprogram, the presence of any sensory, mental or physical handicapa disability, or the use of a trained dog guide or service doganimal by a handicapped disabled person in connection with the sale, rental, lease or sublease of any real propertya real estate transaction unless used solely:

1. For making reports required by agencies of the federal, state or local government for the purposes ofto preventing and eliminatinge discrimination or of to overcominge its effects or for other purposes authorized by federal, state or local agencies or laws or rules adopted thereunder,

2. As to "marital status," for the purpose of determining applicability of community property law to the individual case, and or

3. As to "age," for the purpose of determining that the applicant has attained the age of majority, or in the case of housing exclusively for older persons as described in SMC Section 14.08.190 E, for the purpose of determining the eligibility of the applicant;

B. Publish, print, circulate, issue or display or cause to be published, printed, circulated, issued or displayed, any communication, notice, advertisement, or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer,a real estate transaction or listing of real property which indicates directly or indicates an intention to make any preference, limitation or specification based on race, color, creed, religion, ancestry,creed, national origin, age, sex, marital status, parental status, sexual orientation, gender identity,parental status, political ideology, the possession or use ofparticipation in a Section 8 certificate program, the presence of any sensory, mental or physical handicapa disability, or the use of a trained dog guide or service doganimal by a handicappeddisabled person.

Section 10. SMC 14.08.080 is hereby amended as follows:

SMC 14.08.080 Unfair inducement to sell or rent -Blockbusting; s Steeringpersons to particular areas.

It is an unfair real estate practice for any owner, real estate agent, salesperson or employee, real estate broker, or any other person, to, for profit: discriminate by engaging in blockbusting or steering.

A. Promote, induce or attempt to promote or induce any person to sell or rent any real property engage in a real estate transaction by representation regarding the entry or prospective entry into the neighborhood or area of a person or persons of a particular race, color, religion, ancestry, creed, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, or who possess, use or attempt to use a Section 8 rent certificate, or who have any sensory, mental or physical handicap, or handicapped persons who use a trained dog guide or service dog;

B. Show or otherwise take any action, the design or effect of which is to steer a person or persons to any section of the City or to particular real property in a manner tending to segregate or maintain segregation on the basis of race, color, religion, ancestry, creed, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 rent certificate, the presence of any sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person.

Section 11. SMC 14.08.090 is hereby repealed.

SMC 14.08.090 Denial of right granted under this chapter.

A. It is an unfair practice under this chapter for any person, whether or not acting for profit, to harass, intimidate, or otherwise abuse or discriminate against any person or person's friends or associates because of the race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, parental status, political ideology, possession or use of a Section 8 rent certificate, the presence of any sensory, mental or physical handicap, or the use of a trained guide or service dog by a handicapped person with the purpose or effect of denying to such person the rights granted in this chapter or the right to quiet or peaceful possession or enjoyment of any real property or the full enjoyment of any place of public accommodation.

B. Any unfair practice under this section which has the purpose or effect of denying a person the right to be free from discrimination in real estate practices or the right to quiet or peaceful possession or enjoyment of real property (other than as a place of public accommodation) is an unfair real estate practice.

Section 12. SMC 14.08.095 is hereby amended as follows:

SMC 14.08.095 Enforcement by private persons.

A. Any person who claims to have been injured by an unfair real estate practice, or who believes that he or she will be injured by an unfair real estate practice that is about to occur,charging party or aggrieved person may commence a civil action in King County Superior Court or any other court of competent jurisdiction not later than one (1)two (2) years after the occurrence or the termination of an alleged unfair real estate practice, whichever occurs last, to obtain appropriate relief with respect to such unfair real estate practice.

B. The computation of such onetwo-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter alleging an unfair real estate practice based on the same facts or occurrences. For purposes of this subsection, an "administrative proceeding" begins with the filing of a charge with the Department and ends with the completion of an appeal filed with the Commission or a final order issued by the Director, whichever occurs last.

C. A civil complaint may be filed under this section whether or not an administrative charge has been filed under SMC Section 14.08.100, and without regard to the status of such charge, but if the Department or the U.S. Department of Housing and Urban Development has obtained a pre-finding or post-finding settlement or conciliation agreement with the consent of the charging party, no civil action may be filed under this section with respect to the alleged unfair real estate practice which forms the basis for such complaint except for the purpose of enforcing the terms of such agreement. No civil action may be filed under this section with respect to an alleged unfair practice which forms the basis of a complaint if the Hearing Examiner has commenced a hearing on the record. The City Attorney's office shall provide written notice to the charging party at least 30 days prior to the commencement of a hearing before the Hearing Examiner that the commencement of such a hearing will terminate the charging party's right to file a civil action.

D. No civil action may be commenced under this section with respect to an alleged unfair real estate practice which forms the basis of a complaint if a hearing on the record has been commenced by the City of Seattle Office of the Hearing Examiner.

D. Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice which is the subject matter of the civil action filed under this section may intervene as of right in the civil action.

E. (1) Subject to the provisions of subsection E(2), upon the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, a charge of an unfair practice may be administratively closed by the Director. Upon request by a charging party, the Director may keep a charge of unfair practice open pending commencement of a trial in a civil action.

(2) In the event that a court dismisses a private cause of action on grounds that would not preclude pursuit of a charge under this subchapter, the charging party may request, within 90 days of the entry of the court's order of dismissal, that the Department reopen a previously filed charge. Upon such request, the Director may reopen a charge that was administratively closed upon the filing of a civil action.

(3) No charging party or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.

E.F. In a civil action under this section, if the court finds that an unfair real estate practice has occurred or is about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. The court may also award actual damages, including damages for humiliation and mental suffering, damages for the loss of the right to be free from discrimination in real estate transactions, and any other appropriate remedy set forth in the Ffederal Fair Housing Amendments Act of 1988 P.L. 100-43042 U.S.C. section3601 et seq.. The court may also allow reasonable attorney's fees and costs to the prevailing party.

F.G. Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a charge or civil action under this chapter.

G.H. Upon timely application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance, and may obtain such relief as would be available in an action brought under SMC Section 14.08.165 and damages and penalties as contemplated by SMC 14.08.180 and 14.08.185.

Section 13. SMC 14.08.100 is hereby amended as follows:

SMC 14.08.100 Charge -Filing.

A. An aggrieved person may file a charge with the Director alleging an unfair practice. AThe charge alleging an unfair practice under this chapter shall be in writing and signed under oath or affirmation by or on behalf of a charging party before the Director, one of the Department's employees, or any other person authorized to administer oaths. The charge shall describe the alleged unfair practice complained ofand should include a statement of the dates, places and circumstances, and the persons responsible for such acts and practices. Upon the filing of a charge alleging an unfair practice, the Director shall cause to be served upon the charging party a written notice acknowledging the filing, and notifying the charging party of the time limits and choice of forums provided in this chapter.

B. Whenever charges are made on behalf of a person claiming to be aggrieved, the person making the charge must provide the Director with the name, address and telephone number of the individual on whose behalf the charge is made. Thereafter, the Director shall verify the authorization of such charge by the person on whose behalf the charge is made and upon the request of such person may keep his or her identity confidential.

C.B. A charge shall not be rejected as insufficient because of failure to include all required information if the Department determines that the charge so long as it substantially satisfies the informational requirements necessary for processing.

D.C. A charge alleging an unfair practice or pattern of unfair practices under this chapter may also be filed by the Director whenever the Director has reason to believe that any person has been engaged or is engaging in an unfair practice under this chapter.

Section 14. SMC 14.08.110 is amended as follows:

SMC 14.08.110 Time for filing charges.

Charges filed under this chapter must be filed with the Department within one hundred eighty (180) days after the occurrence of the alleged unfair practice has occurred or terminated.

Section 15. SMC 14.08.120 is hereby amended as follows:

SMC 14.08.120 Charge -Amendments.

A. The charging party or the Department may amend a charge:

1. To cure technical defects or omissions;

2. To clarify allegations made in the charge;

3. To add allegations related to or arising out of the subject matter set forth or attempted to be set forth in the charge;or

4. To add as a charging party a person who is, during the course of the investigation, identified as an aggrieved person; or

45. To add or substitute as a respondent a person who was not originally named as a respondent, but who is, during the course of the investigation, identified as a respondent. For jurisdictional purposes, such amendments shall relate back to the date the original charge was first filed.

B. The charging party may amend a charge to include allegations of retaliation which arose after the filing of the original charge. Such amendment must be filed within one hundred eighty (180) days after the occurrence of the retaliation, and prior to the Department's issuance of findings of fact and determination with respect to the original charge. Such amendments may be made at any time during the investigation of the original charge so long as the Department will have adequate time to investigate the additional allegations and the parties will have adequate time to present the Department with evidence concerning the additional allegations before the issuance of findings of fact and a determination.

C. When a charge is amended to add or substitute a respondent, the Director shall serve upon the new respondent within twenty days:

1. The amended charge;

2. The notice required under section 14.08.130(A); and

3. A statement of the basis for the Director's belief that the new respondent is properly named as a respondent. For jurisdictional purposes, amendment of a charge to add or substitute a respondent shall relate back to the date the original charge was first filed.

Section 16. SMC 14.08.130 is hereby amended as follows:

SMC 14.08.130 Notice of charge and investigation.

A. The Director shall promptly, and in any event within twenty (20) days of filing of the charge, cause to be served on or mailed, by certified mail, return receipt requested, to the respondent, a copy of the charge along with a notice advising the respondent of respondent's procedural rights and obligations under this chapter. The Director shall promptly make an investigation of the charge.

B. The investigation shall be directed to ascertain the facts concerning the unfair practice alleged in the charge, and shall be conducted in an objective and impartial manner.

C. During the period beginning with the filing of the charge and ending with the issuance of the findings of fact, the Department shall, to the extent feasible, engage in settlement discussions with respect to the charge. A pre-finding settlement agreement arising out of the settlement discussions shall be an agreement between the charging party and the respondent and shall be subject to approval by the Director. Each pre-finding settlement agreement is a public record. Failure to comply with the pre-finding settlement agreement may be enforced under SMC 14.08.187.

CD. During the investigation the Director shall consider any statement of position or evidence with respect to the allegations of the charge which the charging party or the respondent wishes to submit, including the respondent's answer to the charge. The Director shall have authority to sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and copying, and conduct discovery procedures which may include the taking of interrogatories and oral depositions.

DE. The Director may require a fact finding conference or participation in another process with the respondent and any of respondent's agents and witnesses and charging party during the investigation in order to define the issues, determine which elements are undisputed, resolve those issues which can be resolved, and afford an opportunity to discuss or negotiate settlement. Parties may have their legal counsel present if desired.

Section 17. SMC 14.08.135 is hereby amended as follows:

SMC 14.08.135 Procedure for investigationsin cases alleging unfair real estate practices.

The following procedure shall apply to the investigation of charges of unfair real estate practices filed under this chapter.

A. A respondent may file with the Department an answer to the charge no later than ten (10) days after receiving notice of the charge.

B. The Director shall commence investigation of the charge within thirty (30) days after the filing of the charge. The investigation shall be completed within one hundred (100) days after the filing of the charge, unless it is impracticable to do so. If the Director is unable to complete the investigation within one hundred (100) days after the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor. The Director shall make final administrative disposition of a charge within one (1) year of the date of filing of the charge, unless it is impracticable to do so. If the Director is unable to make a final administrative disposition within one (1) year of the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor.

C. If the Director determines that it is necessary to carry out the purposes of this chapter, the Director may, in writing, request the City Attorney to seek prompt judicial action for temporary or preliminary relief to enjoin any unfair real estate practice pending final disposition of a charge.

Section 18. SMC 14.08.140 is hereby amended as follows:

SMC 14.08.140 Findings of fact and determination of reasonable cause or no reasonable cause.

A. The results of the investigation shall be reduced to written findings of fact and a determination shall be made by the Director that there is or is not reasonable cause for believing that an unfair practice has been, or is being or is about to be committed, which determination shall also be in writing and issued with the written findings of fact. With respect to the findings and determination, "issued" shall be defined as signed and deleted by the Director. The findings and determination are "issued" when signed by the Director.

B. The findings of fact and determination shall be mailed promptly to the respondent and charging party.

C. Once issued to the parties, the Director's findings of fact, determination and order may not be amended or withdrawn except upon the agreement of the parties or in response to an order by the Human RightsCommission after an appeal taken pursuant to Section 14.08.150; provided, that the Director may correct clerical mistakes or errors arising from oversight or omission upon a motion from a party or upon the Director's own motion.

Section 19. SMC 14.08.150 is hereby amended as follows:

SMC 14.08.150 Determination of no reasonable cause Appeal from and dismissal.

A. If a determination is made that there is no reasonable cause for believing an unfair practice under this chapter has been, is being or is about to be committed, the charging party shall have the right tomay appeal such determination to the Commission within thirty (30) days of the date the determination is signed by the Director by filing a written statement of appeal with the Commission. The Commission shall promptly deliver a copy of the statement to the Department and respondent and shall promptly consider and act upon such appeal by either affirming the Director's determination or, if the Commission believes the Director should investigate further, remanding it to the Director with a request for specific further investigation appropriate instructions. In the event no appeal is taken, or such appeal results in affirmance or if the Commission has not decided the appeal within the sixty (60) days allottedfrom the date the appeal statement is filed, the determination of the Director shall be final and the charge deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order on the record to an appropriate court.

Section 20. SMC 14.08.160 is hereby amended as follows:

SMC 14.08.160 Determination of reasonable cause Conciliation and settlement.

A. If a determination is madethe Director determines that reasonable cause exists to believe that an unfair practice has occurred, is occurring or is about to occur, the Director shall endeavor to eliminate the unfair practice by conference, conciliation and persuasionthrough efforts to reach conciliation . Conditions of settlement conciliation may include, (but are not limited to), the elimination of the unfair practice, rent refunds or credits, reinstatement to tenancy, affirmative recruiting or advertising measures, payment of actual damages, damages for loss of the right to be free from discrimination in real estate transactions, damages for loss of the right to full enjoyment of any place of public accommodation, and reasonable attorney's fees and costs or such other remedies that will effectuatecarry out the purposes of this chapter, including action remedies which could be ordered by a court, except that in charges alleging an unfair practice with respect to public accommodations, damages for humiliation and mental suffering shall not exceed Ten Thousand Dollars ($10,000.00). In charges alleging an unfair real estate practice, filed under this chapter, t. T he Director may also require payment of a civil penalty as set forth in SMC Section14.08.185.

B. Any post-finding settlement or conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. An order shall then be entered by tThe Director shall enter an order setting forth the terms of the agreement which may include a requirement that the parties report to the Director on the matter of compliance. Copies of such order shall be delivered to all affected parties. The conciliation agreement shall be made public unless the complainant and the respondent otherwise agree and the Director determines that disclosure is not required to further the purposes of this chapter.

C. If conciliation is not successful fails and no agreement can be reached, the Director shall issue a written finding to that effect and furnish a copy of the finding to the charging party and to the respondent. Upon issuance of the finding, except a case in which a City department is a respondent, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the City Attorney for further proceedings and hearing under this chapter pursuant to Section 14.08.170.

Section 21. SMC 14.08.165 is hereby amended as follows:

SMC 14.08.165 Election of civil action in cases of unfair real estate practices.

A. Following the issuance of a finding of unsuccessful conciliation, any charging party on whose behalf the reasonable cause finding was made, or a respondent, may, with respect to an unfair real estate practice under this chapter, elect to have the claims on which reasonable cause was found decided in a civil action under this section in lieu of an administrative hearing under SMC Sections 14.08.170 and 14.08.180. This election must be made not later than twenty (20)thirty (30) days after issuanceservice of the finding of unsuccessful conciliation. The person making such election shall give notice of doing so to the Department and to all other charging parties and respondents to whom the charge relates.

B. If an election is made under subsection A of this section (except as provided in SMC 14.08.170(B, the City Attorney shall commence, within thirty (30)ninety (90) days after the election is made, a civil action in the name of the Department in the King County Superior Court to decide on the claim. In such action, if the court finds an unfair practice has occurred, the court may grant relief as would be available in an action brought under SMC 14.08.095 and damages and penalties as contemplated in SMC 14.08.180 or SMC 14.08.185.

C. Any aggrieved person who claims to have been injured by, or believes that he or she will be injured by an unfair practice which is the subject matter of the civil action filed under this section may intervene as of right in the civil action. For purposes of this subsection, "aggrieved person" means a person who claims to have been injured by, or believes that he or she will be injured by, an unfair real estate practice that is the subject matter of the civil action.

D. In a civil action under this section, if the court finds that an unfair real estate practice has occurred or is about to occur, the court may grant any relief including but not limited to actual damages, injunctive or equitable relief, and any other appropriate remedy set forth in the Federal Fair Housing Amendments Act (P.L. 100430). The court may also assess a civil penalty as set forth in SMC Section 14.08.185. If monetary relief is sought for the benefit of a person who could have intervened under subsection C of this section, but who did not intervene in the civil action, the court shall not award such relief if that person has not complied with discovery orders entered by the court.

E. In any proceeding under this section, the court may award attorney fees and costs to the prevailing party. Attorney fees and costs may be assessed against a person who intervenes by filing a notice of independent appearance in the civil action only to the extent that the intervening participation was frivolous or vexatious, or was for the purpose of harassment.

Section 22. SMC 14.08.170 is hereby amended as follows:

SMC 14.08.170 Complaint and hearing.

A. Following submission of the investigatory file from the Director, the City Attorney shall, except as set forth in subsection B of this section, prepare a complaint against such respondent relating to the charge and facts discovered during the Department's investigation. thereof. and The City Attorney shall prosecute the same file the complaint with the Hearing Examiner in the name and on behalf of the Department and the City at a hearing therefor before the Hearing Examiner sitting alone or with representatives of the Commission as provided in this chapter and to appear for and represent the interests of the Department and the City at all subsequent proceedings.

B. In cases which are not dual-filed with the Department of Housing and Urban Development, Iif the City Attorney determines that there is no legal basis for a complaint to be filed or proceedings to continue, a statement of the reasons therefor shall be filed with the Department. The Director shall then dismiss the charge. Any party aggrieved by the dismissal may appeal the dismissal to an appropriate court.

C. The City Attorney shall serve a copy of the complaint shall be served on respondent in the usual manner provided by law for service of complaints. and filed with the Seattle Hearing Examiner. Aand furnish a copy of suchthe complaint shall be furnished to the charging party. and to the Department.

D. Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer with the Hearing Examiner and serve a copy of the same on the City Attorney.

E. Upon the filing of the complaint, the Hearing Examiner shall promptly establish a hearing date for the hearing of such complaint and give notice thereof to the Commission, the City Attorney and respondent, and shall thereafter hold a public hearing on the complaint which hearing shall commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the filing of the complaint, unless otherwise ordered by the Hearing Examiner.

F. After the filing of a complaint is filed with the Hearing Examiner, it may be amended only with the permission of the Hearing Examiner, which permission shall be granted when justice will be served thereby and all parties are allowed time to prepare their case with respect to additional or expanded charges which they did not and could not have reasonably foreseen would be in issue at the hearing.

G. The hearing shall be conducted by athe Hearing Examiner, a deputy hearing examiner from the Office of Hearing Examiner, or a hearing examiner pro tempore appointed by the Hearing Examiner from a list approved by the Commission, sitting alone or with representatives of the Commission if any are designated. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter and the Administrative Code of the City (Ordinance 102228, Ch. 3.02 SMC.

H. The Commission, within thirty (30) days after receiving notice of the date of hearing from the Hearing Examiner, at its discretion, may appoint two (2) of its membersCommissioners who have not otherwise been involved in the charge, investigation, fact finding, or other resolution and proceeding on the merits of the case, who have not formed an opinion on the merits of the case, and who otherwise have no pecuniary, private or personal interest or bias in the matter, to hear the case with the Hearing Examiner. If the Commission has designated representatives they Each Commissioner shall each have an equal vote with the Hearing Examiner, . except The Hearing Examiner shall be the chairperson of the panel and make all evidentiary rulings. Should a question arise as to The Hearing Examiner shall resolve any question of previous involvement, interest or bias of an appointed Commissioner , the Hearing Examiner shall resolve the issue in conformance with the law on the subject. Any reference in this chapter to a decision, order, or other action of a the Hearing Examiner shall include, when applicable, the decision, order, or other action of a panel constituted under this subsection.

Section 23. SMC 14.08.180 is hereby amended as follows:

SMC 14.08.180 Decision and order.

A. Within thirty (30) days after conclusion of the hearing, the Hearing Examiner presiding at the hearing (or the Examiner and Commissioners as the case may be shall prepare a written decision and order. The final decision shall be filed as a public record with the City Clerk, and copies thereof mailed to each party of record and to the Department.

B. Such decision shall contain a brief summary of the evidence considered and shall contain findings of fact, conclusions of law upon which the decision is based, and an order detailing the relief deemed appropriate, together with a brief statement of the reasons supporting the decision therefor.

C. In the event the Hearing Examiner (or a majority of the panel composed of the Hearing Examiner and Commissioners), determines that a respondent has committed an unfair practice under this chapter, the Hearing Examiner (or panel majority) may order the respondent to take such affirmative action or provide for such relief as is deemed necessary to correct the practice, effectuate the purpose of this chapter, and secure compliance therewith, including but not limited to, rent refund, or credit, reinstatement to tenancy, affirmative recruiting and advertising measures, reasonable attorney's fees and costs, or to take such other action as in the judgment of the Hearing Examiner (or panel majority) will effectuate carry out the purposes of this chapter. The Hearing Examiner (or panel majority) may grant any relief that could be ordered by a court, including actual damages, damages for loss of the right to be free from discrimination in real estate transactions, damages for loss of the right to full enjoyment of any place of public accommodation,injunctive or equitable relief, any other appropriate remedy set forth in the F federal Fair Housing Amendments Act of 1988 P.L. 10043042 U.S.C. section3601 et seq., and assessment of civil penalties as set forth in SMC Section 14.08.185, except that in charges alleging an unfair practice with respect to public accommodations, damages for humiliation and mental suffering shall not exceed Ten Thousand Dollars ($10,000. An order may include the requirement for a report on the matter of compliance.

D. Any person aggrieved by a final order of the Hearing Examiner (or panel majority) may appeal the order on the record to an appropriate court.

E. The Department in the performance of its functions may enlist the aid of all departments of City government, and all said departments are directed to fully cooperate therewithwith the Department.

Section 24. SMC 14.08.185 is hereby amended as follows:

SMC 14.08.185 Civil penalty in cases alleging unfair real estate practices.

A. In cases either decided by the Director or brought by the City Attorney alleging unfair real estate practices filed under this chapter, in addition to any other award of damages or grant of injunctive relief, a civil penalty may be assessed against the respondent to vindicate the public interest, which penalty shall be payable to the City of Seattle and the Department. Payment of the civil penalty may be required as a term of a conciliation agreement entered into under SMC Section 14.08.160(A), or may be ordered by the Hearing Examiner (or panel majority) in a decision rendered under SMC Section14.08.180 or by a court of competent jurisdiction in a proceeding filed under SMC Section 14.08.165.

B. The civil penalty assessed against a respondent shall not exceed the following amount:

1. TenEleven Thousand Dollars ($101,000) if the respondent has not been determined to have committed any prior unfair real estate practice;

2. Twenty fiveseven Thousand Five Hundred Dollars ($257,0500) if the respondent has been determined to have committed one (1) other unfair real estate practice during the five (5) year period ending on the date of the filing of this charge; or

3. Fifty five Thousand Dollars ($505,000) if the respondent has been determined to have committed two (2) or more unfair real estate practices during the seven (7) year period ending on the date of the filing of this charge; except that if acts constituting the unfair

real estate practice that is the subject of the charge are committed by the same natural person who has been previously determined to have committed acts constituting an unfair

real estate practice, then the civil penalties set forth in subparagraphs 2 and 3 of subsection B of this section may be imposed without regard to the period of time within which those prior acts occurred. For purposes of this section, "unfair real estate practice" shall include, without limitation, any violation of SMC Sections 14.08.040A or B; 14.08.050; 14.08.060; 14.08.170 A or B; or 14.08.180; as in effect at the time of the violation, whether or not the violation was then deemed an "unfair real estate practice" under such section.

Section 25. SMC 14.08.187 is hereby amended as follows:

SMC 14.08.187 Enforcement of administrativeDepartment and Hearing Examiner orders and agreements.

A. In any case in which athe event a City respondent fails to comply with any final order of the Director or of the Hearing Examiner directed to the City, or to any department, division, board or agency thereof is not complied with, a copy of the order shall be transmitted to the Mayor, who shall take appropriate action to secure compliance therewithwith the final order.

B. In the event that a respondent fails to comply with any final order of the Director or ofissued by the Hearing Examiner not directed to the City, or to any City department, division, board, or agency thereof is not complied with , the Director or the Hearing Examiner, as the case may be, shall notify refer the matter to the City Attorney, who shall petition the appropriate court to secure enforcement of or compliance with the order, or to impose penalties as set forth in this chapter, or bothfor the filing of a civil action to enforce such order. The City Attorney shall certify and file with the court the final order sought to be enforced. The City Attorney shall cause a notice of the petition to be sent by certified mail to all parties or their representatives.

C. Whenever the Director has reasonable cause to believe that a respondent has breached a settlement or conciliation agreement, the Director shall refer the matter to the City Attorney for filing of a civil action to enforce such agreement.

D. If, within sixty (60) days after the date the Hearing Examiner's order concerning an unfair housing practice is entered, no petitionaction has been filed under subsection B or C of this section within ninety (90) days after referral to the City Attorney, any person entitled to relief under the final order or a party to a settlement or conciliation agreement may petition the file a civil action in superior court for a decreeto enforcinge the order or agreement.

Section 26. SMC 14.08.190 is hereby amended as follows:

SMC 14.08.190 Exclusions.

Nothing in this chapter shall:

A. Apply to the renting, subrenting, leasing or subleasing of a single-family dwelling, wherein the owner or person entitled to possession thereof maintains a permanent residence, home or abode, except as set forth in SMC 14.08.040(B), 14.08.040(C), SMC 14.08.045, SMC 14.08.060, SMC 14.08.070(A), and SMC 14.08.070(B);

B. Be interpreted to prohibit any person from making a choice among prospective purchasers or tenants of real property on the basis of factors other than race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, creed, possession or use of participation in a Section 8 rent certificate program, the presence of any sensory, mental or physical handicapdisability, or the use of a trained dog guide or service doganimal by a handicapped disabled person where such factors are not designed, intended or used to discriminate;

C. 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 preference to such persons, unless membership in such religion is restricted on account of on the basis of race, color, or national origin;

D. Prohibit any person from limiting the rental or occupancy of housing accommodations a dwelling in any YWCA, YMCA, sorority, fraternity, school dormitory, or similar residential hall to persons of one sex;

E. Prohibit any person from limiting the rental or occupancy of housing accommodations a dwelling to persons who are elderly or handicapped disabled in any housing facility designed, constructed or substantially rehabilitated and operated exclusively for older persons, as defined by the Federal Fair Housing Act of 1988, as amended, 42 U.S.C. Sec. 3607 (b)(1) through (4) (5) as of the effective date of theis ordinance codified in this chapter, or for the handicappeddisabled ;

F. Require any person to rent or lease a housing accommodation dwelling to an unemancipated minor;

G. Require any person to rent or lease a housing accommodation dwelling in violation of the Housing and Building Maintenance Code (Ordinance 106319;

H. Be construed to prohibit treating handicappeddisabled persons more favorably than nonhandicapped persons who are not disabled;

I. Be construed to protect criminal conduct;

J. Prohibit any person from limiting the rental or occupancy of housing accommodationsa dwelling on the basis of based on the use of force or violent behavior conductby an occupant or prospective occupant which involves the use of force or violence, including or advocacy directed behavior intended to producinge or incitinge imminent force or violence to the person or property of the owner, manager, or other person having the right to sell, rent, lease, assign, transfer or otherwise dispose of the real property occupied or sought to be occupiedother agent of the owner.

K. As it pertains to place of public accommodations, be construed to include or apply to any institute, bona fide club or place of accommodation which is by its nature distinctly private, though where public use is permitted that use shall be covered by this chapter; nor be construed to apply to any noncommercial facility operated or maintained by a bona fide religious institution;

L. As it pertains to place of public accommodation, be construed to require structural changes, modifications, or additions to make any place accessible to a handicapped person except as otherwise provided by law;

M. Be construed to prohibit any person from denying another person the full enjoyment of a place of public accommodation because of actions by the person seeking full enjoyment of the place of public accommodation that constitute a risk to property or to other persons.

Section 27. SMC 14.08.200 is hereby amended as follows:

SMC 14.08.200 Unlawful conduct and penalties.

It is unlawful for any person to willfully engage in an unfair practice under this chapter or wilfully resist, prevent, impede or interfere with the Director or Hearing Examiner in the performance of their duties under this chapter , or to fail, refuse, or neglect to comply with any lawful order of the Director or Hearing Examiner. A violation of this section is a misdemeanor subject to penalties as set forth in SMC 12A.02.070B.

Section 28. SMC 14.08.210 is hereby amended as follows:

SMC 14.08.210 Cooperative agreements.

Nothing in this chapter shall be interpreted to prevent the receiving, referring, or other processing of complaints, in accordance with a cooperative agreement with the United States Department of Housing and Urban Development, the Washington State Human Rights Commission as authorized and mandated by RCW 49.60.226, or with other agencies concerned with the enforcement of laws against discrimination.

Section 29. A new chapter, 14.06 is hereby added to the Seattle Municipal Code as follows:

Chapter 14.06. UNFAIR PUBLIC ACCOMMODATIONS PRACTICES

SMC 14.06.010 Short title and purposes.

A. This chapter shall be known as and may be cited as the "Public Accommodations Ordinance." The general purposes of this chapter are to assure all persons equal opportunity to the full enjoyment of places of public accommodation, to eliminate and to prevent unlawful discrimination in places of public accommodation and to provide enforcement mechanisms for the accomplishment of such purposes. The provisions of this chapter shall be liberally construed to accomplish these purposes. The Seattle Office for Civil Rights shall enforce the provisions of this chapter to further this policy.

B. This chapter shall not be construed to endorse specific beliefs, practices or lifestyles.

C. Nothing in this chapter shall be deemed to deny any person the right to institute any action or to pursue any civil or criminal remedy for the violation of such person's civil rights.

D. To avoid duplication of efforts or otherwise conserve agency resources, the Director may suspend or close a case for any reason consistent with this chapter, including the reason that the case is being actively pursued in another forum. The commencement of a civil action by the Department to enjoin any unfair practice in violation of this chapter shall not preclude the initiation or continuation of administrative proceedings under this chapter.

E. Remedies under this chapter should include such relief authorized by law as may be appropriate and reasonable to provide appropriate temporary or preliminary relief as well as to make the aggrieved person whole and eliminate the unfair practice.

F. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents.

SMC 14.06.020 Definitions.

Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed:

A. "Aggrieved person" includes any person who:

1. Claims to have been injured by an unfair practice prohibited by this chapter; or

2. Believes that he or she will be injured by an unfair practice prohibited by this chapter that is about to occur.

B. "Charge" means a claim or set of claims alleging an unfair practice or practices prohibited under this chapter.

C. "Charging party" means any person who files a charge alleging an unfair practice under this chapter, including the Director.

D. "City" means The City of Seattle.

E. "City department" means any agency, office, board or commission of the City, or any department employee acting on its behalf, but shall not mean a public corporation chartered under Ch. 3.110 SMC, or any contractor, consultant, or concessionaire or lessee.

F. "Commission" means the Seattle Human Rights Commission.

G. "Department" means the Seattle Office for Civil Rights.

H. "Director" means the Director of the Seattle Office for Civil Rights or the Director's designee.

I. "Disability" means the condition of being disabled.

J. "Disabled" means, with respect to a person:

1. Having a physical or mental impairment which substantially limits one or more of such person's major life activities, either temporarily or permanently; or

2. Having a record of having such impairment; or

3. Being regarded as having such an impairment, but such term does not include current illegal use of a controlled substance (as defined in section 102 of the Controlled Substances Act as of the date of passage of this section (21 U.S.C. 802.

K. "Discriminate" means to do any act which constitutes discrimination.

L. "Discrimination" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability or the use of a trained dog guide or service animal by a disabled person.

M. "Full enjoyment of" means the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, free of discrimination as defined in this chapter.

N. "Gender identity" means a person's identity, expression, or physical characteristics, whether or not traditionally associated with one's biological sex or one's sex at birth, including transsexual, transvestite, and transgendered, and including a person's attitudes, preferences, beliefs, and practices pertaining thereto.

O. "Hearing Examiner" means the Seattle Hearing Examiner.

P. "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabiting.

Q. "Owner" means any person who owns, leases, subleases, rents, operates, manages, has charge of, controls or has the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another.

R. "Parental status" means being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children under the age of eighteen (18) years, or the designee with written permission of a parent or other person having legal custody of a child or children under the age of eighteen (18) years which child or children shall reside permanently or temporarily or shall seek full enjoyment of any place of public accommodation with such parent or other person. In addition, parental status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of a minor child under the age of eighteen (18) years.

S. "Party" means the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Seattle Office for Civil Rights.

T. "Person" means one (1) or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee whether one (1) or more natural persons, and any political or civil subdivision or agency or instrumentality of the City.

U. "Place of public accommodation" means any place, licensed or unlicensed, where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or any place, store, or other establishment which supplies goods or services with or without charge to the general public. "Place of public accommodation" includes, but is not limited to, the following types of services or facilities: hotels, or other establishments which provide lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters, soda fountains, public washrooms, public elevators, or other facilities principally engaged in selling or offering for sale food for consumption upon or off the premises; motion picture houses, theatres, concert halls, sport arenas, stadiums or other places of exhibition or entertainment; bowling alleys, pool halls, arcades and amusement parks; retail establishments; transportation carriers; barber shops and beauty shops; bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises; and public burial facilities.

V. "Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not cause substantial and material disruption of the property rights of the provider of a place of public accommodation.

W. "Respondent" means any person who is alleged or found to have committed an unfair practice prohibited by this chapter.

X. "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining thereto.

SMC 14.06.030 Unfair practices.

A. Unfair practices as defined in this chapter are contrary to the public peace, health, safety and general welfare and are prohibited by the City in the exercise of its police power.

B. It is an unfair practice for any person to discriminate in a place of public accommodation by:

1. Requiring, directly or indirectly, any person to pay a larger sum than the usual uniform rates; or

2. Refusing or withholding admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging; or

3. Denying, directly or indirectly, the full enjoyment of any available goods, services, accommodations, facilities, privileges or advantages; or

4. Printing, circulating, issuing, displaying, posting, mailing or otherwise causing, directly or indirectly, to be published a statement, advertisement or sign which indicates directly or indirectly that the full enjoyment of the goods, services, facilities, privileges, advantages, and accommodations will be refused, withheld, denied or in some manner limited or restricted or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable; or

5. Harassing, intimidating, or otherwise abusing any person or person's friends or associates because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person with the purpose or effect of denying to such person the rights granted in this chapter; or

6. Harassing, intimidating, retaliating, or obstructing a person in any manner because such person complied with or proposed to comply with this chapter or any order issued under this chapter, or filed a charge or complaint, testified, or assisted in any investigation, proceeding or hearing under this chapter; or

7. Coercing, intimidating, threatening or otherwise interfering with any person in the exercise or enjoyment of or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter; or

8. Applying any economic sanctions or denying membership privileges because of compliance with this chapter; or

9. Aiding, abetting, inciting, compelling or coercing the doing of any act defined in this chapter to be an unfair practice; or

10. Attempting to commit any act defined in this chapter to be an unfair practice.

C. Compliance with conditions and limitations established by law and applicable to all persons regardless of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of a disability, or the use of a trained dog guide or service animal by a disabled person is not an unfair practice under this section.

D. Exemptions. Nothing in this chapter shall be construed to:

1. Apply to any non-commercial facility operated or maintained by a bona fide religious institution;

2. Include or apply to any institute, bona fide club or place of accommodation which is by its nature distinctly private, provided however, when or where public use is permitted that use shall be covered under this chapter;

3. Prohibit treating disabled persons more favorably than nondisabled persons;

4. Prohibit offering discounts, special prices, or other special arrangements for minor children, families, or senior citizens, or imposing age limits up to the age of 21;

5. Protect criminal conduct; or

6. Prohibit taking any actions reasonably necessary to protect persons or property.

SMC 14.06.040 Enforcement by private persons.

A. Any charging party or aggrieved person may commence a civil action in King County Superior Court or any other court of competent jurisdiction not later than two (2) years after the occurrence or termination of an alleged unfair practice, whichever occurs last, to obtain appropriate relief with respect to such unfair practice.

B. The computation of such two-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter alleging an unfair practice based on the same facts or occurrences. For purposes of this subsection, an "administrative proceeding" begins with the filing of a charge with the Department and ends with the completion of an appeal filed with the Commission or a final order issued by the Director, whichever occurs last.

C. A civil complaint may be filed under this section whether or not an administrative charge has been filed under SMC 14.06.060. No civil action may be commenced under this section with respect to an alleged unfair practice that forms the basis of a complaint if the Hearing Examiner's Office has commenced a hearing on the record. The City Attorney's Office shall provide written notice to the charging party at least 30 days prior to the commencement of a hearing before the Hearing Examiner that the commencement of such a hearing will terminate the charging party's right to file a civil action.

D. Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice that is the subject matter of the civil action filed under this section may intervene as of right in the civil action.

E. (1) Subject to the provisions of subsection E(2), upon the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, a charge of an unfair practice may be administratively closed by the Director. Upon request by a charging party, the Director may keep a charge of unfair practice open pending commencement of a trial in a civil action.

(2) In the event that a court dismisses a private cause of action on grounds that would not preclude pursuit of a charge under this subchapter, the charging party may request, within 90 days of the entry of the court's order of dismissal, that the Department reopen a previously filed charge. Upon such request, the Director may reopen a case that was administratively closed upon the filing of a civil action.

(3) No charging party or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.

F. In a civil action under this section, if the court finds that an unfair practice has occurred or is about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. The court may also award actual damages, including damages for humiliation and mental suffering, damages for loss of the right to be free from discrimination in places of public accommodation, and any other appropriate remedy. The court may also allow reasonable attorney's fees and costs to the prevailing party.

G. Upon timely application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance, and may obtain such relief as would be available in an action brought under SMC 14.06.110.

H. It is the intent of the City of Seattle, in enacting this section, to provide private judicial remedies for violations of this chapter that are as expansive as possible consistent with the powers granted by the Constitution and Laws of the State of Washington.

SMC 14.06.050 Charge -Filing.

A. An aggrieved person may, not later than one hundred eighty (180) days after an alleged unfair practice has occurred or terminated, file a charge with the Director alleging such unfair practice.

The charge shall be in writing and signed under oath or affirmation before the Director, one of the Department's employees, or any other person authorized to administer oaths. The charge shall describe the alleged unfair practice and should include a statement of the dates, places and circumstances, and the persons responsible for such acts and practices. Upon the filing of a charge alleging an unfair practice, the Director shall cause to be served upon the charging party a written notice acknowledging the filing, and notifying the charging party of the time limits and choice of forums provided in this chapter.

B. A charge shall not be rejected as insufficient because of failure to include all required information if the Department determines that the charge substantially satisfies the informational requirements necessary for processing.

C. A charge alleging an unfair practice or pattern of unfair practices under this chapter may also be filed by the Director whenever the Director has reason to believe that any person has been engaged or is engaging in an unfair practice under this chapter.

SMC 14.06.060 Charge -Amendments.

A. The charging party or the Department may amend a charge:

1. To cure technical defects or omissions;

2. To clarify allegations made in the charge;

3. To add allegations related to or arising out of the subject matter set forth or attempted to be set forth in the charge; or

4. To add as a charging party a person who is, during the course of the investigation, identified as an aggrieved person; or

5. To add or substitute as a respondent a person who was not originally named as a respondent, but who is, during the course of the investigation, identified as a respondent. For jurisdictional purposes, such amendments shall relate back to the date the original charge was first filed.

B. The charging party may amend a charge to include allegations of retaliation that arose after the filing of the original charge. Such amendment must be filed within one hundred eighty (180) days after the occurrence of the retaliation, and prior to the Department's issuance of findings of fact and determination with respect to the original charge. Such amendments may be made at any time during the investigation of the original charge so long as the Department will have adequate time to investigate the additional allegations and the parties will have adequate time to present the Department with evidence concerning the additional allegations before the issuance of findings of fact and a determination.

C. When a charge is amended to add or substitute a respondent, the Director shall serve upon the new respondent within twenty days:

1. The amended charge;

2. The notice required under section 14.06.070(A); and

3. A statement of the basis for the Director's belief that the new respondent is properly named as a respondent. For jurisdictional purposes, amendment of a charge to add or substitute a respondent shall relate back to the date the original charge was first filed.

SMC 14.06.070 Notice of charge and investigation.

A. The Director shall promptly, and in any event within twenty (20) days of filing of the charge, cause to be served on or mailed, by certified mail, return receipt requested, to the respondent, a copy of the charge along with a notice advising the respondent of respondent's procedural rights and obligations under this chapter. A respondent may file with the Department an answer to the charge no later than ten (10) days after receiving notice of the charge. The Director shall promptly investigate the charge.

B. The investigation shall be directed to ascertain the facts concerning the unfair practice alleged in the charge, and shall be conducted in an objective and impartial manner.

C. During the period beginning with the filing of the charge and ending with the issuance of the findings of fact, the Department shall, to the extent feasible, engage in settlement discussions with respect to the charge. A pre-finding settlement agreement arising out of the settlement discussions shall be an agreement between the respondent and the charging party, and is subject to approval by the Director. Each pre-finding settlement agreement is a public record. Failure to comply with the pre-finding settlement agreement may be enforced under SMC 14.06.130.

D. During the investigation the Director shall consider any statement of position or evidence with respect to the allegations of the charge which the charging party or the respondent wishes to submit, including the respondent's answer to the charge. The Director shall have authority to sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and copying, and conduct discovery procedures which may include the taking of interrogatories and oral depositions.

E. The Director may require a fact finding conference or participation in another process with the respondent and any of respondent's agents and witnesses and charging party during the investigation to define the issues, determine any undisputed elements, resolve any issues, and afford an opportunity to discuss or negotiate settlement. Parties may have their legal counsel present if desired.

SMC 14.06.080 Findings of fact and determination of reasonable cause or no reasonable cause.

A. The results of the investigation shall be reduced to written findings of fact and a determination shall be made by the Director that there is or is not reasonable cause for believing that an unfair practice has been, is being or is about to be committed, which determination shall also be in writing and issued with the written findings of fact. The findings and determination are "issued" when signed by the Director.

B. The findings of fact and determination shall be mailed promptly to the respondent and charging party.

C. Once issued to the parties, the Director's findings of fact, determination and order may not be amended or withdrawn except upon the agreement of the parties or in response to an order by the Commission after an appeal taken pursuant to Section 14.06.090; provided, that the Director may correct clerical mistakes or errors arising from oversight or omission upon a motion from a party or upon the Director's own motion.

SMC 14.06.090 Determination of no reasonable cause -Appeal from and dismissal.

If a determination is made that there is no reasonable cause for believing an unfair practice under this chapter has been, is being or is about to be committed, the charging party may appeal such determination to the Commission within thirty (30) days of the date the determination is signed by the Director by filing a written statement of appeal with the Commission. The Commission shall promptly deliver a copy of the statement to the Department and respondent and shall promptly consider and act upon such appeal by either affirming the Director's determination or, if the Commission believes the Director should investigate further, remanding it to the Director with a request for specific further investigation. In the event no appeal is taken or such appeal results in affirmance or if the Commission has not decided the appeal within sixty (60) days from the date the appeal statement is filed, the determination of the Director shall be final and the charge deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order on the record to an appropriate court.

SMC 14.06.100 Determination of reasonable cause -Conciliation.

A. If the Director determines that reasonable cause exists to believe that an unfair practice has occurred, is occurring or is about to occur, the Director shall endeavor to eliminate the unfair practice through efforts to reach conciliation. Conditions of conciliation may include, but are not limited to, the elimination of the unfair practice, affirmative recruiting or advertising measures, payment of actual damages, damages for loss of the right to full enjoyment of any place of public accommodation, and reasonable attorney's fees and costs or such other remedies that will carry out the purposes of this chapter, including remedies which could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed Ten Thousand Dollars ($10,000.00).

B. Any post-finding conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. The Director shall enter an order setting forth the terms of the agreement which may include a requirement that the parties report to the Director on the matter of compliance. Copies of such order shall be delivered to all affected parties.

C. If conciliation fails and no agreement can be reached, the Director shall issue a written finding to that effect and furnish a copy of the finding to the charging party and to the respondent. Upon issuance of the finding, except a case in which a City department is a respondent, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the City Attorney for further proceedings under SMC 14.06.110.

SMC 14.06.110 Complaint and hearing.

A. Following submission of the investigatory file from the Director, the City Attorney shall, except as set forth in subsection B of this section, prepare a complaint against such respondent relating to the charge and facts discovered during the Department's investigation. The City Attorney shall file the complaint with the Hearing Examiner in the name of the Department and represent the interests of the Department and the City at all subsequent proceedings.

B. If the City Attorney determines that there is no legal basis for a complaint to be filed or proceedings to continue, a statement of the reasons therefor shall be filed with the Department. The Director shall then dismiss the charge. Any party aggrieved by the dismissal may appeal the dismissal to an appropriate court.

C. The City Attorney shall serve a copy of the complaint on respondent and furnish a copy of the complaint to the charging party and to the Department.

D. Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer with the Hearing Examiner and serve a copy of the same on the City Attorney.

E. Upon the filing of the complaint, the Hearing Examiner shall promptly establish a hearing date and give notice thereof to the Commission, the City Attorney and respondent. The hearing shall commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the filing of the complaint, unless otherwise ordered by the Hearing Examiner.

F. After the complaint is filed with the Hearing Examiner, it may be amended only with the permission of the Hearing Examiner, which permission shall be granted when justice will be served and all parties are allowed time to prepare their case with respect to additional or expanded charges.

G. The hearing shall be conducted by the Hearing Examiner, a deputy hearing examiner or a hearing examiner pro tempore appointed by the Hearing Examiner from a list approved by the Commission, sitting alone or with Commissioners from the Commission if any are designated. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter and the Administrative Code, Ch. 3.02 SMC.

H. The Commission, within thirty (30) days after receiving the date of hearing from the Hearing Examiner, at its discretion, may appoint two (2) Commissioners who have not otherwise been involved in the charge, investigation, fact finding, or other resolution and proceeding on the merits of the case, who have not formed an opinion on the merits of the case, and who otherwise have no pecuniary, private or personal interest or bias in the matter, to hear the case with the Hearing Examiner. Each Commissioner shall have an equal vote with the Hearing Examiner. The Hearing Examiner shall be the chairperson of the panel and make all evidentiary rulings. The Hearing Examiner shall resolve any question of previous involvement, interest or bias of an appointed Commissioner in conformance with the law on the subject. Any reference in this chapter to a decision, order, or other action of the Hearing Examiner shall include, when applicable, the decision, order, or other action of a panel constituted under this subsection.

SMC 14.06.120 Decision and order.

A. Within thirty (30) days after conclusion of the hearing, the Hearing Examiner shall prepare a written decision and order. The final decision shall be filed as a public record with the City Clerk, and copies mailed to each party of record and to the Department.

B. Such decision shall contain a brief summary of the evidence considered and shall contain findings of fact, conclusions of law upon which the decision is based, and an order detailing the relief deemed appropriate, together with a brief statement of the reasons supporting the decision.

C. In the event the Hearing Examiner or a majority of the panel composed of the Hearing Examiner and designated Commissioners determines that a respondent has committed an unfair practice under this chapter, the Hearing Examiner may order the respondent to take such affirmative action or provide for such relief as is deemed necessary to correct the practice and carry out the purpose of this chapter. The Hearing Examiner may grant any relief that could be ordered by a court, including actual damages, damages for loss of the right to full enjoyment of any place of public accommodation, injunctive or equitable relief, reasonable attorney's fees and costs and any other appropriate remedy, except that damages for humiliation and mental suffering shall not exceed Ten Thousand Dollars ($10,000.00). An order may include a requirement for a report on the matter of compliance.

D. Any person aggrieved by a final order of the Hearing Examiner may appeal the order on the record to an appropriate court.

E. The Department in the performance of its functions may enlist the aid of all departments of City government, and all said departments are directed to fully cooperate with the Department.

SMC 14.06.130 Enforcement of Department and Hearing Examiner orders and agreements.

A. In the event a City respondent fails to comply with any final order of the Director or of the Hearing Examiner, a copy of the order shall be transmitted to the Mayor who shall take appropriate action to secure compliance with the final order.

B. In the event a respondent fails to comply with any final order issued by the Hearing Examiner not directed to the City or to any City department, the Director shall refer the matter to the City Attorney for the filing of a civil action to enforce such order.

C. Whenever the Director has reasonable cause to believe that a respondent has breached a settlement or conciliation agreement, the Director shall refer the matter to the City Attorney for the filing of a civil action to enforce such agreement.

D. If no action has been filed under subsection B or C of this section within ninety (90) days after referral to the City Attorney, any person entitled to relief under the final order or a party to a settlement or conciliation agreement may file a civil action in the superior court to enforce the order or agreement.

SMC 14.06.140 Unlawful conduct and penalties.

It is unlawful for any person to willfully resist, prevent, impede or interfere with the Director or Hearing Examiner in the performance of their duties under this chapter. A violation of this section is a misdemeanor subject to penalties as set forth in SMC 12A.02.070B.

SMC 14.06.150 Cooperative agreements.

Nothing in this chapter shall be interpreted to prevent the receiving, referring, or other processing of complaints, in accordance with a cooperative agreement with the Washington State Human Rights Commission as authorized and mandated by RCW 49.60.226 or with other agencies concerned with the enforcement of laws against discrimination.

SMC 14.06.160 Application to pending charges and complaints.

The procedures for administration and enforcement under this chapter shall apply to charges pending which have not had a date certain set for hearing as of the effective date of the ordinance codified in this chapter. However, this section shall not be construed to invalidate any administrative action taken or determinations and orders made on pending charges because of the procedures provided by this chapter.

Section 30. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 20__, and signed by me in open session in authentication of its passage this _____ day of __________, 20__. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 20__. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 20__. ____________________________________ City Clerk

(Ver. .9) t