Section
5-2-1 Policy
5-2-2 Definitions
5-2-3 Exemptions
5-2-4 Discrimination in Sale or Rental of Housing
5-2-5 Discrimination in the Financing of Housing
5-2-6 Discrimination in the Provision of Brokerage Services
5-2-7 Administration, Authority and Responsibility
5-2-8 Findings of Housing Board of Appeal; Nature of Affirmative Action
5-2-9 Investigating; Powers; Records
5-2-10 Conspiracy to Violate This Chapter Unlawful
(A) It is the policy of the city that no person shall be discriminated against in the sale or rental of housing on the basis of race, color, religion, sex, age, national origin, disability or HIV positive status; the city has decided to publicly state this policy through the enactment of the following provisions.
(B) This chapter shall be interpreted in accordance with the policy hereinabove expressed in subsection (A) above.
CONCILIATION AGREEMENT
means a written agreement or statement setting forth the terms of the agreement mutually signed and subscribed to by both complainant(s) and respondent(s) and witnessed by a duly authorized enforcing agent who will be so designated by the City Council.
CONCILIATION FAILURE
means any failure to obtain a conciliation agreement between the parties to the discrimination charge or a breach thereof.
DISCRIMINATION
means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act of discrimination or preference in the treatment of a person or persons because of race, color, religion, national origin, age, sex, disability or HIV positive status or the aiding, abetting, inciting, coercing or compelling thereof.
DWELLING
means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) 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 or portion thereof.
FAMILY includes a single individual.
HOUSING BOARD OF APPEAL AND ADJUSTMENT
means that body of citizens duly appointed by the City Council to hear, make determinations, and issue findings in all cases of discriminatory practices in housing resulting from conciliation failure.
PERSON
includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, and receivers.
TO RENT
includes to lease, to sub-lease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(A) Nothing in § 5-2-1 or any other section shall apply to:
(1) Any unimproved lot or vacant land, or to any single family house sold or rented by an owner;
(a) Provided, that such private individual owner does not own more than three (3) such single-family houses at any one (1) time;
(b) 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 subsection shall apply only with respect to one (1) such sale within any twenty-four (24) month period;
(c) Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his 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 (3) such single family houses at any one (1) time;
(d) Provided further, the sale or rental of any such single family house shall be exempted from the application of this chapter only if such house is sold or rented:
1. 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;
2. Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 5-2-4(3);
(e) But nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance 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 (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his residence. For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(a) He has, within the preceding twelve (12) months, participated as a principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;
(b) He has, within the preceding twelve (12) months participated as agent other than in the sale of his own personal residence in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(c) He is the owner of any dwelling designed or intended for occupancy by or occupied by five (5) or more families.
(B) Nothing in this chapter shall prohibit 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 dwellings 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 membership in such religion is restricted on account of race, color, sex, national origin, disability or HIV positive status. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an 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.
As made applicable by this chapter, it shall be unlawful:
(A) To refuse to sell or rent after 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, sex, color, religion, national origin, disability or HIV positive status;
(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, of facilities in connection therewith because of race, color, sex, religion, national origin, disability or HIV positive status;
(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, sex, color, religion, national origin, disability or HIV positive status, or an intention to make any such preference, limitation or discrimination;
(D) To represent to any person because of race, sex, color, religion, national origin, disability or HIV positive status that any such dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
(E) For profit, to induce, or attempt to induce, any person to sell or rent any dwelling by representations regarding the entry into the neighborhood of a person or persons of a particular race, sex, color, religion, national origin, disability or HIV positive status.
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