CHAPTER 97: FAIR HOUSING
Section
   97.01   Policy
   97.02   Definitions
   97.03   Unlawful practice
   95.04   Discrimination in the sale or rental of housing
   97.05   Discrimination in the financing of housing
   97.06   Discrimination in the provision of brokerage services
   97.07   Exemption
   97.08   Administration
   97.09   Education and conciliation
   97.10   Enforcement
   97.11   Investigations; subpoena; giving of evidence
   97.12   Enforcement by private persons
   97.13   Interference, coercion or intimidation
   97.14   Prevention of intimidation in fair housing cases
 
   97.99   Penalty
§ 97.01 POLICY.
   It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city.
(Prior Code, § 97.01) (Ord. passed 1-2-1996)
§ 97.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 97.04 through 97.06 of this chapter.
   DWELLING. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure of portion thereof.
   FAMILY. Includes a single individual.
   PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the occupant.
(Prior Code, § 97.02) (Ord. passed 1-2-1996)
§ 97.03 UNLAWFUL PRACTICE.
   Subject to the provisions of division (B) below and § 97.07 of this chapter, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
   (A)   All dwellings, except as exempted by division (B);
   (B)   Nothing in § 97.04 of this chapter shall apply to:
      (1)   Any single-family house sold or rented by an owner; provided that, such private individual owner does not own more than three such single-family houses at any one time; provided further that, in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this division (B)(1) shall apply only with respect to one such sale within any 24-month period; provided further that, such bona fide private individual owner does not own any 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 such single-family houses at any one time; provided further that, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented: without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 97.04(C) of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; or
      (2)   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
   (C)   For the purpose of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
      (1)   He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
      (2)   He or she has, within the preceding 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.
(Prior Code, § 97.03) (Ord. passed 1-2-1996) Penalty, see § 97.99
§ 97.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 97.03 of this chapter and except as exempted by §§ 97.03(B) and 97.07 of this chapter, it shall be unlawful:
   (A)   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 because of race, color, religion or national origin;
   (B)   To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion or national origin;
   (C)   To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion or national origin, or an intention to make any such preference, limitation or discrimination; and/or
   (D)   For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion or national origin.
(Prior Code, § 97.04) (Ord. passed 1-2-1996) Penalty, see § 97.99
§ 97.05 DISCRIMINATION IN THE FINANCING OF HOUSING.
   It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or financial assistance, because of the race, color, religion or national origin of such person or of any person associated with him or her in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided that, nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 97.03(B) of this chapter.
(Prior Code, § 97.05) (Ord. passed 1-2-1996) Penalty, see § 97.99
§ 97.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
   It shall be unlawful to 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 business of selling or renting dwellings, or to discriminate against him or her, the terms or conditions of such access, membership or participation, on account of race, color, religion or national origin.
(Prior Code, § 97.06) (Ord. passed 1-2-1996) Penalty, see § 97.99
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