It is unlawful for any rental agency, agent or employee to otherwise solicit consumers for the rental agency business within the city unless:
(A) The rental agency does not require payment by a consumer of any charge or fee at any time prior to the consumer’s entering into a rental agreement or lease with a landlord as a result of information provided by the rental agency and posts a conspicuous
sign in the rental agency office in an area in which the agency conducts business with consumers stating that no fee may be collected until the consumer has entered into a rental agreement or lease as a result of the agency’s provision of rental information; or
(B) The following procedures are followed:
(1) (a) The agency’s agreement with each customer is evidenced by a written, dated contract which contains the following notice:
THERE IS NO GUARANTEE THAT YOU WILL FIND A RENTAL UNIT |
(b) Such notice must be placed conspicuously on the contract, which may contain nothing contrary to or in mitigation of the notice.
(2) The agency posts a conspicuous sign in its place of business in any area in which the agency transacts business with consumers fully explaining that the agency does not guarantee it will find a rental unit for the consumer in compliance with this subchapter; and
(3) The agency has posted with the Finance Director a good and sufficient bond in the sum of $10,000 which shall be conditioned to indemnify any purchasers who suffer any loss by reason of the rental agency’s failure to comply with this subchapter or ceasing doing business without fulfilling contractual obligations to consumers.
(1984 Code, § 111.331) (Ord. O-35-84, passed 7-3-1984; Ord. O-70-85, passed 9-24-1985) Penalty, see § 121.99