04/28/1969 Meeting - Laserfiche WebLink

Home Browse Search

r O .t ~ P .;,. e.J [:1: e 4/28/69 Mr. Teague said the City Ordinance was different fram state law. He felt the awner af a hame shauld have the right to. selct whaever she ar he wants to. live in that hame. It was his apinian this was different fram cammercial renting. I Mr~ Teague maved secanded by Mr. McDanald to. change the warding af -the a'rdinance to. say' "awners of occupied hames and duplexes, to. canfarm to. state law". Mrs. Hayward asked to have clarified exactly what state law sa'id, and stated she had been advised by an attarney that it said something different thantshe had been tald at the meeting. The City Attorney read Sectian 659.033 af Oregan Revised Statutes w~th regard to. thase engaged in selling, renting and leasing af real property. I I I Mr. Mohr I af raoms I I business I I I II II I I I I II I II I I II t I I asked if, in Orega~ law, the city attarney faund anyexceptian rented. The City Attarney said not in Ore.gon law - it applies of selling and renting, and particularly to business peaple ar far size af.dwelling ar number to. per sans engaged in the brakers. Mrs. Hayward asked far a definitian for persons engaged in selling. The City definitian, and Mrs. Hayward asked if she rented out a raam, wauld she nat be enterprise. The Attarney said she would not be. Atto.rney read the engaged in a business. e Mrs. Beal asked if Mr . Johnsan had the same interpr'etati an as the City Attarney. Mr. Jahns an said his interpretatian af the amendment was that it broadened the caverage' af state action, by the number' af cases cited to. interpret the language question. He felt it was cantrary to Mr. Hendershatt's inter- pretatian, but knew af no case that defined it. If you rent a raom ar duplex for a prafit, that is a business enterprise. I Mr. Teague said if h~s amendment did nat caver excluding persans in the latter being subjected to. this, he ~uld 11ke it rewarded. Vate taken on Mr.- Teagues McDanald and Gribskav voted in favar and Mohr, Beal, Hayward and Wingard vated part af their life motion and 'Teague, against. Matlan failed. Mr. Mohr said, in his apmwn, this '~ijtpor"ta.Ii.t pie,ce "bf'-r~~gisJ?t~a~:- is a test of canscience far every memberof the Cauncil, and he wilt suppar't i'Fwhdleheartedly. He 'believes.it incumbent upon the lead- ership af the city' to.' move it into. new dimensions af sacial justice and sacial welfare, and' believes part af the natianal trend- in 'this directian is to. crea'te an attitude of public behaviar which will pravide for better behaviar of citizens taward ane anather. Mr. Teague moved to. amend the ardinance by adding that awner-occupied hames be exempted up to. two. renters. . Mation died far lack af a secand. Mr. Wingard maved seoonde? by Mr. Teague to amend the ardinance to. read '~here the lessar shares. his living quarters with his tenants, with a cammon kitchen, bathraam ar entry way, sa that campatibility is a gaad faith requirement, refusal to. rent to. ane applicant and subsequent rental to another app- licant, shall not be construed to. be necessarily discriminatary. This exception applies anly to. the actual act af renting, nat to. advertising, applicatian forms ar lease restrictia!ls. This amend;'.. ment refers to. Sectian 4 af the ordinance. I I i il Messrs. Teague, Wingard, McDanaid, Gribskov and Mrs. Beal voted in favar. II vated against the amendment. Matian to. amend carried. /' ,1 Ii Mr. Mahr and Mrs.. Hayward I Mr. Wingard asked Mr. Hendershott if this ardinance was subject to. state laws of initiative and refer- endum. Mr. Hendershatt,replied. that it was; and by signatures can be referred to. the vaters. It is not autamatically referred. Mr. Wingard commented that many people, when they came to. meetings such as this, feel the Cauncil have already made up their minds, and he had received calls asking haw he wauld vate an certain issues. I Until testimony is heard, his mind is nat made up. If citizens find this law is campletely untenable and can't be lived with, it can be referred back to. the Cauncil. If rights are belng vialated, the I Cauncil is the place far, correctian. :1 II I' II !I t I I I '. Mr.~ Te~g~~aved se~_anded by Mr.' McDan'al({t~ amend the panel af three by making it subject to. the Mayar's approva.l arid selectian be by req~est. of e'ither the Mayar ar the Caunci~. Mr. Mahr asked far a ruling on the' germaneness af that questian to. the issue at ha~d. He asked the City Attarney if Mr. Teague's matiandaes nat speak to. the rules and regulatians af the Human Rights Commissian administrative pracedure, rather than speaking to. this particular matian. The City Attorney said he understaad Mr. Teague's motian to. be an amendment af that part af the admin- istrative section regarding assigning a panel. There was a ~iscussion cancerning the'prapased amendment and whether alternatives shauld be given far chaosing a panel,. I Mr. Wingard maved secanded by Mr. Gribksav to amend Mr. Teague's motion to. read that the Y~yar shall. appaint a panel af three members afthe Cammissian (Line 1 under Sectian C(9). In ather wards, substitute Mayar far the ward Chairman af .the Cammissian. Mrs. Hayward said this had been discussed previausly and that the Mayar felt the Chairman af the Commissian wauld be better qualified to chaase such a panel. I .J The Mayar asked to. clarify that the panel shauld be campased af members af the:Cammissian. This was agreed. The Mayar said he had no. real strang canvictian about the matter, but he merely wanted to. e 4/28../69...- 2