Broward County Commission Regular Meeting

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY HUMAN RIGHTS ACT ("ACT"); AMENDING VARIOUS SECTIONS OF CHAPTER 16½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO PROHIBIT DISCRIMINATION UPON ADDITIONAL BASES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Commissioners Nan H. Rich and Dale V.C. Holness)
 

ACTION:  (T-12:17 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)  Commissioner Sharief requested to be added as a co-sponsor to this item.
 
VOTE: 8-0.  Commissioner Geller appeared telephonically and was inaudible during the vote.

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of November 7, 2017.

Amends the Code to allow for additional bases of protection from housing discrimination.

The federal Fair Housing Act, administered by the U.S. Department of Housing and Urban Development (HUD), protects persons from housing discrimination on seven different bases: race, color, national origin, religion, sex, disability, and familial status. As a HUD-certified Fair Housing Assistance Program (FHAP), the County enforces the federal Fair Housing Act as part of its Fair Housing Program. Through the Fair Housing Program, the County also enforces the County's Human Rights Act (the "Act"), which protects persons from housing discrimination on the above-mentioned federally-recognized protected bases as well as six additional bases: age, marital status, political affiliation, sexual orientation, pregnancy, and gender identity or expression.
 
On August 22, 2017, the Board of County Commissioners (the "Board") directed the Office of the County Attorney, in coordination with the Office of Intergovernmental Affairs and Professional Standards ("OIAPS"), to review the fair housing Ordinances of other local jurisdictions, including Miami-Dade County and the City of Miami, to identify additional bases of protection from housing discrimination for inclusion within the County's Fair Housing Program. At a minimum, the Board requested that the above-mentioned review include whether the Act could include prohibitions on discrimination based on military and veteran status, source of lawful income (e.g., improperly excluding recipients of public housing subsidies), and whether someone is a victim of domestic violence, dating violence, or stalking.
 
The Office of the County Attorney, with the assistance of OIAPS, has evaluated Ordinances related to housing discrimination from multiple local jurisdictions throughout the United States, including Miami-Dade County and the City of Miami. Based on this evaluation, the following additional bases of protection from housing discrimination are addressed in the proposed Code amendment: service member and veteran status; lawful source of income; and whether someone is a victim of domestic violence, dating violence, or stalking.

Based on Board direction received on November 7, 2017, the definition of lawful source of income was amended to expressly reference the Supplemental Nutrition Assistance Program (SNAP).

Tricia D. Brissett, Assistant County Attorney, (954) 357-7600