Amendments to the following ordinance: and proposed amendments to Chapter 14.04 of the Cambridge Municipal Code (the "Fair Housing Ordinance). Fair Housing (passed to a 2nd reading) AWAITING HOME RULE LEGISLATION-BEFORE PROPOSAL CAN BE ORDAINED

Chapter 14.04 - FAIR HOUSING

14.04.010 - Authority This chapter is enacted pursuant to the power conferred by the Commonwealth on the City Council of the City of Cambridge by Chapter 413 of the Acts of 1991, as amended. 14.04.020 - Powers and duties of the Cambridge Human Rights Commission. This chapter shall be administered and enforced by the Cambridge Human Rights Commission established by Chapter 2.76 of this Code. The Commission shall work with the City Manager to provide for fair housing practices within the City of Cambridge.

This ordinance is intended to incorporate the substantive provisions and protections of Title VIII of the Civil Rights Act of 1968, as amended (42 USC Sections 3601 et seq., the Fair Housing Act, and Chapter 151B of the General Laws, and is to be interpreted in a manner which is not inconsistent therewith. A. The Commission, to carry out the policies of this chapter, shall exercise the following powers and duties: 1.

Receive, process and investigate complaints and initiate its own investigations of violations of this chapter, in accordance with Section 14.04.050; 2. Transmit for filing with other government agencies copies of any complaint filed with the Commission, or of which the Commission is otherwise aware, that relate to acts of discrimination under the jurisdiction of such agencies; 3.

Engage in conciliation to resolve any complaint over which it has jurisdiction, and draft, approve, and monitor any conciliation agreement agreed to by the parties in the dispute;

Page 2 4. Hold hearings; summon witnesses and compel their attendance; administer oaths; take the testimony of any person under oath, and order the production of any relevant evidence, so as to permit reasonable discovery, in the same manner and to the same extent as exercised by the Massachusetts Commission Against Discrimination; 5. Seek or apply remedies as enumerated in Section 14.04.060 and urge and use its best efforts to effect compliance with its recommendations and findings; 6.

Seek or accept grants, gifts, or bequests to help finance its activities. B. Every power and duty enjoyed by the Commission as enumerated in Chapter 2.76 of this code for protecting and advancing the human rights of the people of Cambridge shall be retained and exercised to enable the Commission to promulgate rules and procedures consistent with this chapter and the laws of the Commonwealth, in order to effectuate the goals, policies and provisions of this chapter. C.

The provisions of this chapter shall be liberally construed in order to accomplish the goals of fair housing in Cambridge. 14.04.030 - Definitions.

A. "Accessible" means with respect to buildings containing covered multifamily dwellings that the public or common use areas to the building can be approached, entered and used by individuals with physical disabilities. "Accessible route" means a continuous unobstructed path connecting accessible elements and space in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe and usable by people with other disabilities.

B. "Age" means the actual or perceived chronological age of an individual eighteen years or older. C. "Aggrieved person" includes anyone who claims to have been injured or is about to be injured by any unlawful practice listed in Section 14.04.040 of this chapter.

D. "Blockbusting" means any effort, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry into a neighborhood of a person or persons of a particular race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender identity, marital status, family status, military status, or source of income.

E. "Covered multifamily dwelling" means buildings consisting of four or more dwelling units if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of four or more dwelling units. F. "Disability" means a physical or mental impairment which substantially limits one or more of a person’s major life activities, a record of having such impairment, or being regarded as

Page 3 having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act [21 USC 802].

G. "Discrimination" shall mean a policy or practice that by design or effect segregates, creates unequal status, separates, or has a disproportionate impact on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender identity, marital status, family status, military status, or source of income.

H. "Dwelling" as used herein means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereupon of any such building, structure or portion thereof. A "dwelling unit" is a unit of residence for a family of one or more persons. I. "Family" shall include a single individual.

J. "Family status" shall mean the actual or supposed condition of having children below the age of eighteen years domiciled with a parent, or another person having parental custody of such child or children, or the designee of such parent or other person having such custody with the written permission of such parent or other person.

The protection afforded against discrimination on the basis of family status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years. Nothing herein shall limit the applicability of reasonable local, state, or federal restrictions regarding the maximum number of persons permitted to occupy a dwelling.

K. ”Gender identity” means a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. L. "Housing set aside for, or limited to, the elderly" means housing: 1. Provided under any state or federal program specifically designed and operated to assist elderly persons; or 2.

Intended for, and solely occupied by, persons sixty-two years of age or older; or 3. Intended and operated for occupancy by at least one person fifty-five years of age or older per unit. Housing qualifies as housing for the elderly under this section if and only if a.