Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.3 - Interpretation of Various Housing Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
"Aggrieved person."
As used in the Iowa civil
				rights Act provisions relating to discrimination in housing, the term
				"aggrieved person" includes any person who claims to have been injured by a
				discriminatory housing practice, or any person who believes that that person
				will be injured by a discriminatory housing practice that is about to
				occur
"Discriminatory housing or real estate practice. "
				A
person who violates the prohibitions contained in Iowa Code section
				216.8
				or
				216.8A
				commits an "unfair or discriminatory practice" in the area of housing or real
				estate. A person who commits a violation of Iowa Code section
				216.11
				or
				216.11A
				arising out of alleged violations of the prohibitions contained in Iowa Code
				section
				216.8
				or
				216.8A
				commits an "unfair or discriminatory practice" in the area of housing or real
				estate.
"Dwelling. "
As used in Iowa Code chapter 216,
				the term "dwelling" 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, or any vacant land which is offered for sale or lease for the
				construction or location thereon of any such building, structure or portion
				thereof
"Exceptions. "
The exceptions found in Iowa
				Code sections
				216.12(2),
				216.12(3),
				and
				216.12(5)
				 do not apply to Iowa Code section
				216.8(3)
				 relating to advertising.
"Handicap. "
As used in Iowa Code section
				216.2(5),
				the term "handicap" with respect to a person means:
1. A physical or mental impairment which
			 substantially limits one or more of such person's major life
			 activities,
2. A record of having
			 such an impairment, or
3. Being
			 regarded as having such an impairment.
Such term does not include current, illegal use of or addiction
				to a controlled substance (as defined in Section 102 of the Controlled
				Substances Act,
				21
				U.S.C. 802) .
"Housing accommodation. "
As used in Iowa Code
				chapter 216, the term "housing accommodation" has the same meaning as is given
				the term "dwelling" in this rule.
"Housing for older persons."
The exception
				found in Iowa Code section
				216.12(4)
				 is limited to discrimination based upon
				"familial status."
Iowa Code section
				216.15A(10)
				 "c. "
The word "continued" as used
				in this paragraph means "carried on or kept up without cessation." This
				paragraph does not refer to the adjournment or postponement of a hearing to a
				subsequent date or time.
Iowa Code section
				216.16A(1)
				 "a. "
Election to proceed in court.
				The election to have the charges of a complaint decided in a civil action as
				provided in Iowa Code section
				216.16A(1)
"a "
is only available
				where:
1. It is alleged that there has
			 been a violation of some portion of Iowa Code section
			 216.8
			 or
			 216.8A,
			 or
2. It is alleged that there has
			 been a violation of Iowa Code section
			 216.11
			 or
			 216.11A
			 arising out of alleged violations of the prohibitions contained in Iowa Code
			 section
			 216.8
			 or
			 216.8A.
Iowa Code section
				216.16A(2).
The phrase "mediation agreement" in Iowa Code section
				216.16A(2)
				 refers to the agreement described in Iowa
				Code section
				216.15A(2)
"a"
to
"e.
				"
"Person."
As used in the Iowa civil rights Act
				provisions relating to discrimination in housing, the term "person" includes
				one or more individuals, corporations, partnerships, associations, labor
				organizations, legal representatives, mutual companies, joint stock companies,
				trusts, unincorporated organizations, trustees, trustees in cases under Title
				11 of the United States Code, receivers, and fiduciaries. The specific
				inclusion of an individual or entity within this definition of "person" does
				not imply that that individual or entity is excluded from the definition of
				"person" in Iowa Code section
				216.2(11).
Referral and deferral to local agencies in housing
				cases.
If a complaint alleges either a violation of the prohibitions
				contained in Iowa Code section
				216.8
				or
				216.8
				A or a violation of Iowa Code section
				216.11
				or
				216.11A
				arising out of alleged violations of the prohibitions contained in Iowa Code
				section
				216.8
				or
				216.8A,
				then deferral and referral of that complaint to a local commission are governed
				by the provisions of Iowa Code section
				216.5(14)
				 and that section takes precedence over Iowa
				Code section
				216.19.