(a) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, agent, employee, lending institution; and, the State of Ohio, the City of Celina, and all authorities, agencies, boards and commissions thereof.
(b) "Discriminate" includes segregate or separate.
(d) "Housing accommodations" includes any building or structure or vacant land or any portion thereof offered for sale or lease which is used or occupied or intended for use or occupancy as the home residence or sleeping place of one or more individuals, groups or families whether or not living independently of each other.
It includes any housing accommodations held or offered for sale by a real estate broker, salesman, or agent, or by any person pursuant to authorization of the owner, by the owner or by such person's legal representative.
(e) "Restrictive covenant" means any specification limiting the transfer, rental, lease or any other use of any housing accommodation because of race, color, religion, sex, national origin, handicap, ancestry, or any limitation based upon affiliations with or approval by any person, directly or indirectly, employing race, color, religion, sex, national origin, handicap or ancestry as a condition of affiliation or approval.
(f) "Burial lot" means any lot for the burial of deceased persons within any public burial ground or cemetery, including, but not limited to, cemeteries owned and operated by municipal corporations, townships, or companies or associations incorporated for cemetery purposes.
(g) "Handicap" means any medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable by good medical practice, which can reasonably be expected to limit the person's functional ability, including, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, sitting, rising, any related function, or any limitation due to weakness and significantly reduced endurance, so he cannot perform his everyday routine living and working without significantly increased hardship and vulnerability to what are considered the everyday obstacles and hazards encountered by the nonhandicapped.
(Ord. 25-90-0. Passed 11-26-90.)
It shall be an unlawful discriminatory practice within the City for any person to:
(a) Refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of the race, color, religion, sex, ancestry, handicap or national origin of any prospective owner, occupant, or user of the housing;
(b) Represent to any person that housing is not available for inspection, sale or rental when in fact it is available, because of race, color, religion, sex, ancestry, handicap or national origin of any prospective owner, occupant or user of the housing;
(c) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing or otherwise withhold financing of housing from any person because of the race, color, religion, sex, ancestry, handicap, or national origin or any present or prospective owner, occupant, or user of the housing, or because of the racial composition of the neighborhood in which the housing is located, provided that the person, whether an individual, corporation or association of any type, lends money as one of the principal aspects or incident to his principal business and not only as a part of the purchase price of an owner occupied residence he is selling nor merely casually or occasionally to a relative or friend;
(d) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, subleasing any housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing including the sale of fire, extended coverage, or homeowners insurance, because of the race, color, religion, sex, ancestry, handicap or national origin of any present or prospective owner, occupant or user of the housing, or because of the racial composition of the neighborhood in which the housing is located;
(e) Discriminate against any person in terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing because of the face, color, religion, sex, ancestry, handicap or national origin of any present or prospective owner, occupant or user of the housing, or because of the racial composition of the neighborhood in which the housing is located;
(f) Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof;
(g) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing for the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing which indicates any preference limitation, specification, or discrimination based upon race, color, religion, sex, ancestry, handicap or national origin, or an intention to make any preference, limitation, specification or discrimination;
(h) Except for the purpose of monitoring compliance with this chapter, to make inquiry, elicit any information, make or keep any record, or use any application containing any questions or entries concerning race, color, religion, sex, ancestry, handicap or national origin in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing;
(i) Include in any transfer, rental or lease of housing any restrictive covenant, or honor or exercise or attempt to honor or exercise, any restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision;
(j) Induce or solicit or attempt to induce or solicit a housing listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood, or area in which the property is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, ancestry, handicap or national origin, in the area will or may have results such as the following:
(1) The lowering of property values;
(2) A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;
(3) An increase in criminal or antisocial behavior in the area;
(4) A decline in the quality of the schools serving the area.
(k) Deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the selling or renting of housing accommodations, or to discriminate against any person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, ancestry, handicap or national origin;
(l) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter;
(m) Discourage or attempt to discourage the purchase by a prospective purchaser of a housing unit, by representing that any block, neighborhood, or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area;
(n) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from any person because of race, color, religion, sex, ancestry, handicap or national origin of any prospective owner or user of such lot;
(o) For any person to discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this chapter and/or any Federal or State statute of similar purpose to this chapter, or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding or hearing under this chapter and/or any Federal or State statute of similar purpose to this chapter;
(p) For any person to aid, abet, incite, compel, or coerce the doing of any act declared by this chapter and/or any Federal or State statute of similar purpose to this chapter to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with this chapter and/or any Federal or State statute of similar purpose to this chapter, or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this chapter and/or any Federal or State statute of similar purpose to this chapter to be an unlawful discriminatory practice;
(q) Nothing within this chapter shall bar any religious or denominational institution or organization, or any nonprofit charitable or educational organization that is operated, supervised, or controlled by or in connection with a religious organization from limiting the sale, rental or occupancy of housing or burial lots which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference in the sale, rental or occupancy of housing or burial lots to persons of the same religion, unless membership in the religion is restricted on account of race, color or national origin. Nothing in this chapter shall bar any bona fide private or fraternal organization which, incidental to its primary purpose, owns or operates lodging for other than commercial purpose, from limiting the rental or occupancy of lodgings to its members or giving preference to its members;
(r) Nothing in this chapter shall be construed to require any person selling or renting property to modify such property in any way, or to exercise a higher degree of care for a person having a handicap, nor shall it be construed to relieve any handicapped person of any obligation generally imposed on all persons regardless of handicap in a written lease, rental agreement or contract of purchase or sale, or forbid distinctions based upon the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement or contract.
(Ord. 25-90-0. Passed 11-26-90.)
(a) There is hereby created the position of Fair Housing Officer within the Community Development Department.
(b) The Community Development Director shall serve as the Fair Housing Officer and may delegate the responsibilities of Fair Housing Officer to such employees as may now or in the future be under his direct supervision.
(c) The position of Fair Housing Officer shall receive no compensation, benefits or remuneration in addition to that provided for by existing ordinances of the City.
(d) The Fair Housing Officer shall:
(1) Receive, investigate and pass upon written charges made under oath of unlawful discriminatory practices prohibited under this chapter;
(2) Make periodic surveys of the existence and effects of discrimination because of race, color, religion, sex, national origin, handicap, or ancestry within the City on the enjoyment of rights provided under this chapter;
(3) Report from time to time, as necessary or appropriate, to Council describing any investigations or actions undertaken in furtherance of the provisions of this chapter;
(4) Acquire, prepare and disseminate informational and educational materials and programs as appropriate in the furtherance of this chapter.
(e) The Fair Housing Officer may:
(1) Make recommendations to the officers, agencies or commissioners of the City, the State of Ohio or Mercer County as to actions which appear appropriate in the furtherance of this chapter;
(2) Subject to prevailing law and approved and available budget appropriations, enter into agreements with private or public individuals, officers, agencies or commissions for assistance in enforcing this chapter;
(3) Provide documentary evidence and testimony in legal actions regarding unlawful discriminatory actions within the City brought by private or public individuals, officers, agencies or commissions under the laws of the State of Ohio or the United States.
(Ord. 25-90-0. Passed 11-26-90.)
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