515.02 DEFINITIONS.

   As used in this chapter, the following terms shall have the meanings as set forth herein:

   (a)    "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint- stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. It also includes, but is not limited to any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution, and the City of Canton and any authority, agency, board, commission, officer or employee thereof.

   (b)    "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

   (c)    "The Commission" means the City of Canton Fair Housing Commission, as created by Section 515.05.
(Ord. 77-2002. Passed 4-15-02.)

   (d)   "Discrimination" or "to discriminate" means and includes any act, practice or course of conduct constituting or resulting in any inequality of treatment of any person because of race, religion, color, ancestry, national origin, sex, handicap, familial status, military status, sexual orientation or gender identity in the area of matters relating to housing, and includes any act tending to segregate or separate persons according to the foregoing characteristics.

      (Ord. 153-2012. Passed 9-24-12.)

   (e)   "Unlawful discriminatory housing practice" means any activity or act prohibited by Section 515.03.
(Ord. 77-2002. Passed 4-15-02.)

   (f)   "Housing accommodations" or "housing" or "dwelling" shall be interchangeable terms, which for purposes of this chapter shall mean any building or structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and any vacant land offered for sale or for lease for actual or potential residential development. It also includes any housing accommodations or housing held or offered for sale or rent by a real estate broker, salesman or agent, or by any other person pursuant to authorization of the owner, by the owner, or by such person's legal representative. For purposes of the application of the provisions of Section 515.03(a)(1), (2), (4), (9), (15) and (16) of this Fair Housing Code, the definition of "housing accommodation" or "housing" shall not include any rental accommodation that is an owner-occupied two-dwelling unit building.

      (Ord. 195-2003. Passed 9-22-03.)

   (g)   "Restrictive covenant" means any specification limiting the transfer, rental, lease or other use of any housing because of race, color, religion, sex, national origin, handicap, familial status, military status, ancestry, sexual orientation or gender identity or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, sex, national origin, handicap, familial status, ancestry, military status, sexual orientation or gender identity as a condition of affiliation or approval.

      (Ord. 153-2012. Passed 9-24-12.)

   (h)    "Handicap", with respect to any 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; but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Federal Controlled Substances Act (21 U.S. Code 802)).

   (i)    "Aggrieved person" includes any person who:

      (1)   Claims to have been injured by a discriminatory housing practice; or

      (2)   Believes that such person will be injured by a discriminatory housing practice that is about to occur.

   (j)   "Physical or mental impairment" includes:

      (1)   Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

      (2)    Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism. (Ord. 77-2002. Passed 4-15-02.)

   (k)    "Major life activities" includes, but is not limited to, the functions of caring for one’s self, performing manual tasks, walking, seeing, speaking, breathing, learning and working.
(Ord. 151-2004. Passed 8-23-04.)

   (l)   “Has a record of such impairment" means, has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

   (m)   "Is regarded as having such an impairment" means:

      (1)   Has a physical or mental impairment that does not substantially limit one or more major life activity but that is treated by another person as constituting such a limitation; or

      (2)   Has a physical or mental impairment that substantially limits one or more major life activity only as a result of the attitudes of others toward such impairment; or

      (3)   Has none of the impairments defined in subsection (j) hereof but is treated by another person as having such an impairment.

   (n)   “Familial status" means one or more individuals, who have not attained the age of eighteen years, being domiciled with:

      (1)    A parent or another person having legal custody of such individual or individuals; or

      (2)    The designee of such parent or other person having such custody with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or who is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

   (o)    "Complainant" means the person (including the Commission) who files a complaint under Section 515.08.

   (p)    "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Commission.

   (q)    "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

   (r)    "Respondent" means:

      (1)   The person or other entity accused in a complaint of an unfair housing practice; and

      (2)    Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified in Section 515.08.
(Ord. 77-2002. Passed 4-15-02.)