(A) It shall be an unlawful practice and a violation of this chapter for any real estate broker, real estate salesman or agent licensed by the state, any owner or any other person in the business of selling or renting dwellings or engaging in a real estate transaction:
(1) To print, circulate, post, mail, issue, display, publish or cause to be printed, circulated, posted, mailed, issued, displayed or published any oral or written communication, notice, advertisement, sign, or other writing of any kind relating to the sale, rental, or leasing of any housing accommodation within the city which will indicate or express any unlawful discrimination toward any prospective buyer, renter or lessee;
(2) To unlawfully discriminate, make any distinction, or restriction against the prospective or actual buyer or tenant in the price, terms, conditions, or privileges of any kind relating to the sale, rental, lease, or occupancy of any housing accommodation in the city or in the furnishing of any facilities or services in connection therewith;
(3) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person through unlawful discrimination;
(4) To represent to any person through unlawful discrimination that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
(5) To deliberately and knowingly refuse examination of copies of any listing of housing accommodations in the city to any person based on unlawful discrimination;
(6) To enter into a listing agreement which prohibits the sale or rental of housing accommodations to any person based on unlawful discrimination;
(7) To deny any person through unlawful discrimination access to or membership 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 to unlawfully discriminate against him or her in the terms or conditions of such access, membership, or participation;
(8) To solicit an agent to sell any housing accommodation with any limitations on its sale based on unlawful discrimination;
(9) To solicit for sale, lease, or listing for sale or lease, any housing accommodation within the city on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, national origin, sex, handicap or familial status;
(10) To make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any housing accommodation for the purpose of inducing or attempting to induce the sale or listing for sale of any housing accommodation by representing that the presence or anticipated presence of a person or persons of any particular race, color, religion, national origin, sex, handicap or familial status in the area will or may result in the lowering of property values in the block, neighborhood, or area in which the property is located;
(11) To distribute or cause to be distributed, written material or statements designed to induce any owner of any housing accommodation in the city to sell or lease his property because of any present or prospective change in the race, color, religion, ancestry, national origin, sex, handicap or familial status of persons in the neighborhood; and
(12) To act or undertake to act with respect to any housing accommodation whose disposition is prohibited to any person based on unlawful discrimination.
(B) It shall be an unlawful practice and a violation of this chapter for any person or other entity whose business includes engaging in residential real estate-related transactions to unlawfully discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction.
(1) Residential real estate-related transaction means any of the following;
(a) The making or purchasing of loans or providing other financial assistance: for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate.
(b) The selling, brokering, or appraising of residential real property.
(2) Nothing in this division prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
(C) Handicap. It shall be unlawful discrimination and a violation of this chapter:
(1) To refuse to sell or rent or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of that buyer or renter, or handicap of a person residing or intending to reside in that dwelling after it is sold, rented or made available or a handicap of any person associated with the buyer or renter; and
(2) To alter terms, conditions or privileges of sale or rental of a dwelling or the provision of services or facilities in connection with such dwelling because of a person's handicap or a handicap of any person residing or intending to reside in such dwelling after it is sold, rented or made available, or a handicap of any person associated with that person.
(3) For purposes of this section, unlawful discrimination includes:
(a) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted. The landlord may not increase, for handicapped persons, any customarily required security deposit. However, where it is necessary in order to insure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay a reasonable amount of money not to exceed the cost of the restorations. The landlord shall keep such money in a separate account and the interest earned on any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained;
(b) A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling; or
(c) In connection with the design and construction of covered multifamily dwellings for first occupancy after the effective date of this chapter, to fail to design and construct those dwellings in such a manner that:
1. The dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site;
2. With respect to dwellings with a building entrance on an accessible route;
i. The public use and common use portion of such dwellings are readily accessible to and usable by handicapped persons;
ii. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
iii. All premises within such dwellings contain: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installations of grab bars; and, usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(4) The city may review and adopt procedures for the approval of newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of division (B)(3) are met.
(D) Guide, hearing or support dog. It is unlawful discrimination for the owner or agent of any housing accommodation to:
(1) Refuse to sell or rent after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing or support dog;
(2) Discriminate against any blind, hearing impaired or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith because he or she has a guide, hearing or support dog;
(3) Require, because a blind, hearing impaired or physically handicapped person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog.
(E) Exceptions. Nothing in this section shall prohibit:
(1) Any sale of a single family dwelling unit by its owner if all of the following have been met:
(a) The owner does not own more than three single family dwelling units at the time of sale; and such owner does not own any beneficial interest in nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three single-family dwelling units at any one time;
(b) The owner was the last current resident, or in the case of the sale of any such single-family dwelling unit by a private individual owner not residing in such house at the time of sale or who was not the most recent resident of such dwelling unit prior to sale, the exemption granted by this division shall apply only with respect to one such sale within any 24 month period;
(c) The unit was sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman or any employee or agent of any real estate broker or salesman; and
(d) The unit is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this section.
(e) For purposes of this division, a person shall be deemed to be in the business of selling or renting dwellings if:
1. He or she has, within the previous 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
2. He or she has, within the previous 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 or more transactions involving the sale or rental of any dwelling or any interest therein; or
3. He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families;
(2) Rental of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of each other if the lessor resides in one of the housing accommodations;
(3) A religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless such membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this section prohibit a private club not in fact open to the public, which, incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members; or
(4) Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in the Federal Controlled Substances Act;
(5) No provision in this section regarding familial status shall apply with respect to housing for older persons.
(a) Housing for older persons means housing:
1. Provided under any state or federal program that the Department determines is specifically designed and operated to assist elderly persons; or
2. Intended for and solely occupied by persons 62 years of age or older; or
3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this division, the Department shall develop regulations which require at least the following:
i. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
ii. That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
iii. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(b) Housing shall not fail to meet the requirements for housing for older persons by reason of:
1. Persons residing in such housing as of the effective date of this chapter who do not meet the age requirements of divisions (E)(5)(a)2. or 3.; provided, that new occupants of such housing meet the age requirements of divisions (E)(5)(a)2. or 3. of this division; or
2. Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of divisions (E)(5)(a)2. or 3. above.
(Ord. 7793, passed 11-7-95; Am. Ord. 9146, passed 5-1-18)