It shall be an unlawful discriminatory housing practice for any person to:
(a) Refuse to sell, transfer, assign, rent, lease, sublease, finance, or negotiate after the making of a bona fide offer, or otherwise deny or make unavailable, because of membership in a protected class, a property to any person;
(b) Represent to any person, because of membership in a protected class, that a property is not available for sale, rental, inspection, purchase, transfer, assignment, lease or sublease when, in fact, it is available;
(c) Discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, if the person’s business includes engaging in residential real estate- related transactions, because of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, Vietnam- era or disabled veteran status, familial status, marital status or ancestry. As used in this section, the term “residential real estate-related transaction” means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
A. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
B. Secured by residential real estate.
(2) The selling, brokering or appraising of real property; and
(3) For the purposes of this section, a person is engaging in residential real estate-related transactions if:
A. He or she has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest in any dwelling; or
B. He or she has, within the preceding twelve (12) months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest in any dwelling; or
C. He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families; or
D. He or she has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the making or purchasing of loans or providing other financial assistance or appraising of real property.
(d) Discriminate against any person in the terms or conditions of selling, renting, transferring, assigning, brokering, leasing or subleasing any property, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any property because of membership in a protected class or because of the racial composition or presence of any other protected groups in the area in which the dwelling is located;
(e) Discriminate against any person in the provision of property and casualty, including but not limited to, fire, extended coverage, renter’s or homeowner’s insurance (“insurance”) or insurance related services because of membership in a protected class of a current or prospective purchaser, renter, or occupant, or of other residents in the area or community, by any one (1) or more of the following practices:
(1) Making insurance or insurance related services unavailable or making them available on different terms or conditions;
(2) Refusing to sell or renew or by canceling insurance or an insurance policy;
(3) Varying the terms or conditions under which an insurance policy or insurance related services is available;
(4) Establishing different qualifications, requirements or standards for making insurance or insurance related services available;
(5) Offering different services, facilities or privileges in the provision of insurance or insurance related services;
(6) Discouraging potential applicants from applying for insurance, including not but limited to utilizing different sales and marketing practices;
(7) Evaluating, settling, or paying insurance claims;
(f) Refuse to consider the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member because of their membership in a protected class;
(g) Print, publish or circulate, or cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made any written or oral statement, relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any property or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a property, which indicates any preference, limitation, specification or discrimination based upon protected group membership, or an intention to make any such preference, limitation, specification or discrimination;
(h) Include in any sale, transfer, rental, lease or sublease of a property any restrictive covenant based on protected group membership, or honor or exercise, or attempt to honor or exercise any restrictive covenant;
(i) For the purposes of profit, whether or not realized, induce or solicit or attempt to induce or solicit a property listing or transaction including but not limited to a sale, rental or other transaction by representing that a change has occurred or may occur with respect to the protected class or classes of the area in which the property is located, or induce or solicit or attempt to induce or solicit such listing, sale, or transaction by representing that the actual or anticipated presence of persons of any protected class in the area will or may have results such as:
(1) The lowering of property values;
(2) A change in the composition of the area in which the property is located based upon a protected class or classes;
(3) An increase in criminal or anti-social behavior in the area; or
(4) A decline in the quality of the schools serving the area.
(j) Coerce, injure, 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 section;
(k) Discriminate against any person because of protected group status in appraising the value of any property in connection with the sale, brokering or rental or because of the composition of the area based upon protected class or classes;
(l) Deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ association or other service association or facility relating to the business of selling or renting housing accommodations or commercial property, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of membership in a protected class;
(m) Refuse to permit, at the expense of a disabled person, reasonable modifications to existing premises occupied or to be occupied by such person, if the modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, a landlord may – where it is reasonable to do so – condition his or her consent to a modification on a renter’s agreement, which can include the establishment of an escrow account, to restore the interior of the premises to the condition that existed prior to the modification, reasonable wear and tear excepted:
(n) Refuse to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;
(o) Construct covered multi-family dwellings that do not provide for accessibility and usability for physically disabled persons in compliance with 42 U.S.C. 3604(f)(3)(C);
(p) Discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under RC 4112.01 to 4112.07; or
(q) Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with RC 4112.01 to 4112.11, 42 U.S.C. 3601 et seq., or any order issued under those sections, or attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)