FAIR HOUSING

Jacksonville Ordinance Code tit. XI, ch. 408, pt. 2

in effect

Jacksonville Ordinance Code § 408.201 Exemptions.

Sec. 408.201. - Exemptions. (a) Nothing in Part 4 of this Chapter (other than Section 408.402) shall apply to: (1) Any single-family house sold or rented by an owner. Provided, that such private individual owner does not own more than three such single-family houses at any one time. Provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period. Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf; under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of; more than three such single-family houses at any one time. Provided further, that the sale or rental of any such single-family house shall be excepted from the application of this Chapter only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (ii) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 408.402 of this Chapter; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) Business of selling or renting dwellings defined. For the purposes of this Section 408.201, a person shall be deemed to be in the business of selling or renting dwellings if: (1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or (2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.202 Religious organization and private club exemption.

Sec. 408.202. - Religious organization and private club exemption. (a) This Part does not prohibit a religious organization, as defined in this Chapter, from: (1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin; or (2) Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin. (b) With regard to discrimination based on sexual orientation or gender identity, this Chapter shall not apply with regard to any action of, or decision made by, a religious organization as defined in this Chapter. (c) This Part does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (Ord. 96-1089-659, § 1; Ord. 2020-244-E, § 5)

Jacksonville Ordinance Code § 408.203 Numbers of occupants; housing for older persons.

Sec. 408.203. - Numbers of occupants; housing for older persons. (a) Nothing in this Chapter limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this Chapter regarding familial status apply with respect to housing for older persons. (b) As used in this Section, "housing for older persons" means housing: (1) Provided under any local, State or federal program that the Executive Director determines is specifically designed and operated to assist elderly persons (as defined in the local, State or federal program); or (2) Intended for, and solely occupied by, persons 62 years of age or older; or (3) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualified as housing for older persons under this subsection, the Executive Director shall develop regulations which require at least the following factors: (i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and (ii) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (iii) The publication of; and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (iv) The housing facility or community complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, which shall: (a) Provide for verification by reliable surveys and affidavits; and (b) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of clause (iii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (c) Housing shall not fail to meet the requirements for housing for older persons by reason of: (1) Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections (b)(2) or (3) of this Section. Provided, that new occupants of such housing meet the age requirements of subsections (b)(2) or (3) of this Section; or (2) Unoccupied units: Provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (b)(2) or (3) of this Section. (Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 19)

Jacksonville Ordinance Code § 408.204 Appraisal exemption.

Sec. 408.204. - Appraisal exemption. This Part does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. (Ord. 96-1089-659, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 5)

Jacksonville Ordinance Code § 408.205 Effect on other law.

Sec. 408.205. - Effect on other law. This Part does not affect a reasonable local or State restriction on the maximum number of occupants permitted to occupy a dwelling. (Ord. 96-1089-659, § 1)

Jacksonville Ordinance Code § 408.206 Housing accommodations for individuals with Service Animals.

Sec. 408.206. - Housing accommodations for individuals with Service Animals. An individual with a disability is entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this City, subject to the conditions and limitations established by Florida State law and applicable alike to all persons. For purposes of this Section, an Individual with a disability means a person who has a physical or mental impairment that substantially limits one or more major life activities of the individual. For purposes of this Section,Service animal means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks. (a) An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this Section, and such a person may not be required to pay extra compensation for such animal. However, such a person is liable for any damage done to the premises or to another person on the premises by the animal. A housing accommodation may request proof of compliance with vaccination requirements. (b) This Section does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by federal law or another law of the State of Florida or the City of Jacksonville about other assistance animals. (Ord. 2020-614-E, § 1)

Jacksonville Ordinance Code § 408.207 Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal.

Sec. 408.207. - Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal. (a) Definitions. As used in this Section, the term: (1) Emotional support animal means an animal that does not require training to do work, perform tasks, provide assistance, and provides therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person's disability. (2) Housing provider means any person or entity engaging in conduct covered by the federal Fair Housing Act or Section 504 of the Rehabilitation Act of 1973, including the owner or lessor of a dwelling. (b) Reasonable Accommodation Requests. To the extent required by federal law, rule, or regulation, it is unlawful to discriminate in the provision of housing to a person with a disability or disability-related need for, and who has or at any time obtains, an emotional support animal. A person with a disability or disability-related need must, upon the person's request and approval by a housing provider, be allowed to keep such animal in his or her dwelling as a reasonable accommodation in housing, and such person may not be required to pay extra compensation for such animal. Unless otherwise prohibited by federal law, rule, or regulation, a housing provider may: (1) Deny a reasonable accommodation request for an emotional support animal if such animal poses a threat to the safety or health of others or poses a threat of physical damage to the property of others, which threat cannot be reduced or eliminated by other reasonable accommodation. (2) If a person's disability is not readily apparent, request reliable information that reasonably supports that the person has a disability. Supporting information may include: a. A determination of disability from any federal, State, or local government agency. b. Receipt of disability benefits or services from any federal, State, or local government agency. c. Proof of eligibility for housing assistance or a housing voucher received because of a disability. d. Information from a health care practitioner, as defined in § 456.001, F.S.; a telehealth provider, as defined in § 456.47, F.S.; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another State but only if such out-of-State practitioner has provided in-person care or services to the tenant on at least one occasion. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information. e. Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. (3) If a person's disability-related need for an emotional support animal is not readily apparent, a housing provider may request reliable information that reasonably supports the person's need for the particular emotional support animal being requested. Supporting information may include: a. Information identifying the particular assistance or therapeutic emotional support provided by the specific animal from a health care practitioner, as defined in § 456.001, F.S.; a telehealth provider, as defined in § 456.47, F.S.; or any other similarly licensed or certified practitioner or provider in good standing with his or her profession's regulatory body in another state. Such information is reliable if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice to provide the supporting information. b. Information from any other source that the housing provider reasonably determines to be reliable in accordance with the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. (4) If a person requests to keep more than one emotional support animal, a housing provider may request information regarding the specific need for each animal. (5) The housing provider may require proof of compliance with State and local requirements for licensing and vaccinating each emotional support animal. (c) Request Limitations. (1) Notwithstanding the authority to request information under subsection (2), a housing provider may not request information that discloses the diagnosis or severity of a person's disability or any medical records relating to the disability. However, a person may disclose such information or medical records to the housing provider at his or her discretion. (2) A housing provider may develop and make available to persons a routine method for receiving and processing reasonable accommodation requests for emotional support animals; however, a housing provider may not require the use of a specific form or notarized statement, or deny a request solely because a person did not follow the housing provider's routine method. (3) An emotional support animal registration of any kind, including, but not limited to, an identification card, patch, certificate, or similar registration obtained from the Internet is not, by itself, sufficient information to reliably establish that a person has a disability or disability-related need for an emotional support animal. (d) Liability. A person with a disability or disability-related need is liable for any damage done to the premises or to another person on the premises by his or her emotional support animal. (e) Applicability. This Section does not apply to a service animal as defined in § 413.08, F.S., and § 406.501, Ordinance Code. (Ord. 2020-614-E, § 1)

Jacksonville Ordinance Code § 408.208 Unlawful practices and penalties.

Sec. 408.208 - Unlawful practices and penalties. A person who falsifies information or written documentation, or knowingly provides fraudulent information or written documentation, for an emotional support animal under this Part, or otherwise knowingly and willfully misrepresents himself or herself, through his or her conduct or through a verbal or written notice, as having a disability or disability-related need for an emotional support animal or being otherwise qualified to use an emotional support animal, commits a misdemeanor of the second degree, punishable as provided in § 775.082, F.S., or § 775.083, F.S., and must perform 30 hours of community service for an organization that serves persons with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than six months. (Ord. 2020-614-E, § 1)

Jacksonville Ordinance Code § 408.209 Compliance with Chapter 462, Ordinance Code.

Sec. 408.209. - Compliance with Chapter 462, Ordinance Code. Except as specifically provided for herein, the requirements of Chapter 462, Ordinance Code, as to licensing, vaccination, nuisance and other public health and regulatory requirements shall apply to emotional support animals within the City of Jacksonville. (Ord. 2020-614-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIEQOP_CH408FAHO_PT2FAHOFetched: 10/27/2026