§ 1.61. ANTI-DISCRIMINATORY HOUSING POLICIES BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY.

(a) In all permit applications for residential or mixed-use projects often dwelling units or more that the Planning Department or Planning Commission processes except for environmental evaluation applications, the Planning Department shall include the following questions:

(1) Does the applicant or sponsor, including the applicant or sponsor's parent company, subsidiary, or any other business or entity with an ownership share of at least 30% of the applicant's company, engage in the business of developing real estate, owning properties, or leasing or selling individual dwelling units in States or jurisdictions outside of California?

(2) If the answer to Subsection (1) is in the affirmative, in which States?

(3) If the answer to Subsection (1) is in the affirmative, does the applicant or sponsor, as defined in Subsection (1), have policies in individual States that prohibit discrimination based on sexual orientation and gender identity in the sale, lease, or financing of any dwelling units enforced on every property in the State or States where the applicant or sponsor has an ownership or financial interest?

(4) If the answer to Subsection (1) is in the affirmative, does the applicant or sponsor, as defined in Subsection (1), have a national policy that prohibits discrimination based on sexual orientation and gender identity in the sale, lease, or financing of any dwelling units enforced on every property in the United States where the applicant or sponsor has an ownership or financial interest in property?

(5) If the answer to Subsections (3) or (4) is in the affirmative, please provide a copy of that policy or policies as part of the application to the Planning Department.

(b) The Planning Department shall not accept an application as complete unless the applicant answers the application questions identified in Subsection (a). The Planning Department's and Planning Commission's processing of and recommendations or determinations regarding an application shall be unaffected by the applicant's answers to the questions identified in Subsection (a).

(c) If the project permittee or sponsor changes prior to the issuance of the first certificate of occupancy, the new permittee or sponsor shall notify the Planning Department and provide answers to the application questions identified in Subsection (a).

(d) The Board of Supervisors delegates to the Planning Department the authority to: (1) determine how such questions shall be presented in application forms, (2) modify the language of the questions to facilitate the Department's receipt of information concerning an applicant's or sponsor's policies prohibiting discrimination based on sexual orientation and gender identity in the sale, lease, or financing of any dwelling units, and (3) compile information regarding the responses to the questions presented in Subsection (a).

(e) On an annual basis after the effective date of this Section 1.61, the Planning Department shall submit to the Human Rights Commission all relevant information from the previous year regarding the responses to the questions presented in Subsection (a).

(f) Upon receipt of the information from the Planning Department, the Human Rights Commission, within ninety (90) days of receipt of the information, shall prepare and submit a written report to the Board of Supervisors on the data gathered in the responses to the questions presented in Subsection (a).

(Added by Ord. , File No. 140235, App. 7/31/2014, Eff. 8/30/2014)