(a) Discrimination in the sale or rental of housing.
(1) It is unlawful for a person, because of sexual orientation or gender identity and expression:
(A) to refuse to negotiate with a person for the sale or rental of a dwelling or to otherwise deny or make unavailable a dwelling to a person;
(B) to refuse to sell or rent a dwelling to a person who has made a bona fide offer for the dwelling;
(C) to discriminate against a person in the terms, conditions, or privileges of the sale or rental of a dwelling or in the provision of services or facilities in connection with the sale or rental of a dwelling; or
(D) to represent to a person that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.
(2) It is unlawful for a person:
(A) to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement relating to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on sexual orientation or gender identity and expression or an intention to make any such preference, limitation, or discrimination; or
(B) for profit, to induce or attempt to induce a person to sell or rent, or to not sell or rent, a dwelling by representations that a person or persons of a particular sexual orientation or with a particular gender identity or expression are present in or may enter into the neighborhood.
(b) Discrimination in housing financing. It is unlawful for any bank, building and loan association, insurance company, or other person whose business, in whole or in part, consists of the making of real estate
loans to, on the basis of sexual orientation or gender identity and expression:
(1) deny any person a loan or other financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling; or
(2) discriminate against any person in the fixing of the amount, interest rate, duration, or other terms or conditions of a loan or other financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling.
(c) Discrimination in providing brokerage services. It is unlawful for any person, because of sexual orientation or gender identity and expression:
(1) to deny another person access to, membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or
(2) to discriminate against another person in the terms or conditions of access to, membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings.
(d) Exceptions.
(1) This section does not apply to the following:
(A) The sale or rental of any single-family dwelling, if the owner:
(i) does not own an interest in or title to more than three single-family dwellings at one time, regardless of whether the dwellings are located inside or outside of the city;
(ii) has resided in the dwelling within the 24-month period preceding the sale or rental of the dwelling; and
(iii) does not use the services or facilities of any real estate broker, agent, or salesman, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling.
(B) The rental of a dwelling that is occupied or intended to be occupied by no more than four families living independently of each other, when the owner actually maintains and occupies part of the dwelling as a residence.
(C) The rental of a dwelling by a private organization only to its members, when the dwelling is owned, controlled, or managed by the organization for other than a commercial purpose and the rental of the dwelling is incidental to the organization's primary purpose.
(e) Nothing in this section prohibits conduct against a person because of the person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law. (Ord. Nos. 24927; 29942)