CHAPTER 140: UNLAWFUL DISCRIMINATION PROHIBITED

BURIAL LOT. Any lot for the burial of deceased individuals within any public burial ground or cemetery, including, but not limited to, cemeteries owned and operated by companies or associations incorporated for cemetery purposes.

COMMON USE AREAS. Rooms, spaces, or elements inside or outside a building that are made available for the use of residents of the building or their guests, and includes, but is not limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.

COMPLAINANT. An aggrieved individual who, pursuant to the provisions of this section, files a written complaint alleging an unlawful discriminatory act or practice with the Clerk of Council.

CONTROLLED SUBSTANCE. Has the same meaning as in R.C. § 3719.01.

COVERED MULTIFAMILY DWELLINGS. Buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units.

DISABILITY or DISABLED. A physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment. DISABILITY does not include any physiological disorder or condition, mental or psychological disorder, or disease or condition caused by an illegal use of any controlled substance if an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee acts on the basis of that illegal use.

DISABLED TENANT. A tenant or prospective tenant who is an individual with a disability.

DISCRIMINATE. To differentiate and to treat differently people based on any protected class as defined herein.

DISCRIMINATORY RESTRICTIVE COVENANT. Any specification in a deed, land contract, or lease limiting the transfer, rental, lease, or other use of any housing accommodations because of race, color, religion, sex, national origin, age, familial status, disability, pregnancy, sexual orientation, gender identity, or gender expression, as a condition of affiliation or approval.

DWELLING UNIT. A single unit of residence for a family of one or more individuals.

EMPLOYEE. An individual employed by any employer but does not include any individual employed in the domestic service of any person.

EMPLOYER. Includes any person who regularly employs for compensation four or more individuals, excluding the employer's parents, spouse, and children, including any person acting directly or indirectly in the interest of an employer, but does not include the United States or any state or political subdivision of a state, except for the City of Dublin, its departments, boards, commissions, and authorities.

EMPLOYMENT AGENCY. Any person who regularly endeavors, with or without compensation, to procure opportunities for employment or to procure, recruit, refer, or place employees.

FAMILIAL STATUS. Demonstrating any of the following characteristics, where "family" also includes an individual:

(1) One or more individuals who are under 18 years of age and who are domiciled with a parent or guardian having legal custody of the individual or domiciled, with the written permission of the parent or guardian having legal custody, with a designee of the parent or guardian;

(2) Any individual who is pregnant or in the process of securing legal custody of any individual who is under 18 years of age.

GENDER EXPRESSION. The external appearance of one's gender, usually expressed through behavior or appearance which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.

GENDER IDENTITY. An individual's sense of having, or being perceived as having, a gender that may or may not be those traditionally associated with the individual's assigned sex at birth.

HEARING OFFICER. The person appointed by the City Manager or the Manager's designee to conduct a mediation and/or administrative hearing based on a complaint filed with the city alleging a discriminatory act or practice.

HOUSING ACCOMMODATIONS. Any buildings or structure or portion thereof which is used or occupied or is intended, arranged, or designed to be used or occupied as a home residence, dwelling, dwelling unit, or sleeping place of one or more individuals, groups or families whether or not living independently of each other; and any vacant land offered for safe or lease. It also includes any housing accommodations held or offered for sale or rent by a real estate broker, salesman, or agent, or by any other person pursuant to authorization of the owner, by the owner, or by such person's legal representative. HOUSING ACCOMMODATIONS does not include any housing accommodations owned or operated by a religious organization when they are owned or operated for other than a commercial purpose and offered to individuals of the same religion.

LABOR ORGANIZATION. Any organization which exists for the purpose, in whole or in part, of collective bargaining or for other mutual aid or protection in relation to employment.

LAW DIRECTOR. The City of Dublin Law Director.

PERSON. One or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, and trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution, and the City of Dublin and all authorities, agencies, boards, and commissions thereof.

PHYSICAL OR MENTAL IMPAIRMENT. Includes any of the following:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitor-urinary; hemic and lymphatic; skin; and endocrine.

(2) Any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, sickle cell, human immunodeficiency virus infection, intellectual disabilities, emotional illness, drug addiction, and alcoholism.

(3) PHYSICAL OR MENTAL IMPAIRMENT does not include any of the following:

(a) Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders;

(b) Compulsive gambling, kleptomania, or pyromania; or

PLACE OF PUBLIC ACCOMMODATION. Any restaurant, bar, hotel, motel, bank or other financial services institution, barbershop, public transportation by air, land, or water, theater, store, other place for the sale of merchandise, or any other place of public accommodations, advantages, facilities, or privileges available to the public, provided it shall not apply to an agency of government other than the city.

PROTECTED CLASS. A classification of individuals based on one or more of the following characteristics: race, color, religion, sex, national origin, age, familial status, disability, pregnancy, sexual orientation, gender identity, or gender expression.

PUBLIC USE AREAS. Interior or exterior rooms or spaces of a privately owned building that are made available to the public.

RELIGIOUS ORGANIZATION. A not-for-profit church or integrated auxiliary of a church, as those terms are used by the United States Internal Revenue Service and includes any school that incorporates substantial religious teachings or religious practices of that church in that school. RELIGIOUS ORGANIZATION does not include any hospital or medical facility that offers medical services to the public.

RESPONDENT. The person who is alleged to have committed unlawful discriminatory acts or practices and who is identified in a written complaint filed by a complainant.

SENIOR CITIZEN. An individual at least 60 years old.

SEX. Male or female. The terms "because of sex" and "on the basis of sex" include pregnancy, any illness arising out of and occurring during the course of pregnancy, childbirth, or related medical conditions.

SEXUAL ORIENTATION. An individual's actual or perceived heterosexuality, homosexuality, or bisexuality.

UNLAWFUL DISCRIMINATORY PRACTICE. Any act prohibited by Chapter 140 of the Dublin Codified Ordinances.

(Ord. 81-21, passed 11-15-21)

§ 140.02 UNLAWFUL DISCRIMINATORY EMPLOYMENT PRACTICES.

(A) It shall be an unlawful discriminatory practice, except where based upon applicable federal regulations:

(1) For any employer, because of an individual being in a protected class to fire without cause, to refuse to hire, or otherwise to discriminate against that individual with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.

(2) For any employment agency to establish, announce, or follow a policy of denying or limiting the membership opportunities of any individual or group of individuals because of their inclusion in a protected class, or to comply with a request from an employer if the request directly or indirectly indicates that the employer fails to comply with the divisions of this chapter.

(3) For any labor organization to limit or restrict its membership because of an individual being in a protected class or to discriminate against or limit the employment opportunities of any individual as an employee because of that individual being in a protected class.

(4) For any employer, employment agency, or labor organization to publish or circulate, or to cause to be published or circulated, any notice or advertisement relating to employment or membership which indicates any preference, limitation, specifications, or discrimination based upon a protected class.

(5) For any employment agency to refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against any individual because of their membership in a protected class.

(6) For any employer, employment agency, or labor organization to use in the recruitment or hiring of individuals, any employment agency, placement service, labor organization, training school or center, or any other employee-referring source, proven to discriminate against individuals because of an individual’s protected class.

(7) For any labor organization to discriminate against any individual or limit that individual's employment opportunities, or otherwise adversely affect that individual's status as an employee, or that individual's wages, hours, or employment conditions, because of their membership in a protected class.

(8) For an employment agency to comply with, accommodate, or otherwise assist with locating an employee related to a request from an employer if the request indicates, directly or indirectly, that the employer fails, or may fail, to comply with this chapter.

(9) For any labor organization to limit or classify its membership on the basis of any protected class.

(10) Except where based on a bona fide occupational qualification certified in advance by an agency of the state or federal government or a political subdivision, for any employer, employment agency, personnel placement service, or labor organization, prior to employment or admission to membership, to either:

(a) Elicit or attempt to elicit any information concerning the protected class status of an applicant for employment or membership;

(b) Use any form of application for employment or personnel or membership seeking to elicit information regarding an individual's protected class status. However, an employer, employment agency, or labor organization holding a contract with the government of the United States may be required to follow federal law as a condition of the contract.

(11) For any employer, employment agency or labor organization to discriminate against any individual because that individual has opposed any practice forbidden by this chapter, or because that individual has made a complaint or assisted in any manner in any investigation or proceeding under § 140.05.

(12) For any employer to discriminate against an individual with a disability by:

(a) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(b) Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such employer to make reasonable accommodations to the physical or mental impairments of the employee or applicant;

(c) Failing to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individuat who is an applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer;

(d) Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, on the basis of such disabled individual's use of a service animal, provided nothing in this section shall be construed to require any employer, as a reasonable accommodation, to provide a service animal to a disabled individual.

(13) For any employer to discriminate against a birth parent because of pregnancy, childbirth, or related medical conditions for any employment-related purposes, including receipt of benefits under fringe benefit programs, or to fail to treat a birth parent with pregnancy related conditions the same as other individuals not so affected but similar in their ability or inability to work.

(14) It shall be an unlawful employment practice for a covered entity to:

(a) Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

(b) Require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform their job;

(c) Deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;

(d) Require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee; or

(e) Take adverse action in terms, conditions, or privileges of employment against an employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

(15) For any employer to discriminate against an employee or potential employee because of age in offering any job opening or in the discharge of an employee without just cause who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.

(B) With regard to age, it shall not be an unlawful discriminatory practice and it shall not constitute a violation of this chapter for any employer, employment agency, joint labor-management committee controlling apprenticeship training programs, or labor organization to:

(1) Establish bona fide employment qualifications reasonably related to the particular business or occupation that may include standards for skill, aptitude, physical capability, intelligence, education, maturation, and experience;

(2) Observe the terms of a bona fide seniority system or any bona fide employee benefit plan, including, but not limited to, a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this section. However, no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual, because of the individual's age except as provided for in the "Age Discrimination in Employment Act Amendment of 1978," 29 U.S.C.A. 623, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 29 U.S.C.A. 623, as amended, or as later amended;

(3) Retire an employee who has attained 65 years of age who, for the two-year period immediately before retirement, was employed in a bona fide executive or a high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans of the employer, which equals, in the aggregate, at least $44,000, in accordance with the conditions of the "Age Discrimination in Employment Act Amendment of 1978," 29 U.S.C.A. 631, as amended by the “Age Discrimination in Employment Act Amendments of 1986," 29 U.S.C.A. 631, as amended, or as later amended;

(4) Observe the terms of any bona fide apprenticeship program if the program is registered with the Ohio Apprenticeship Council pursuant to R.C. §§ 4139.01 to 4139.06 and is approved by the federal Committee on Apprenticeship of the United States Department of Labor.

(1) The designation of uniform age the attainment of which is necessary for public employees to receive pension or other retirement benefits pursuant to R.C. Chapters 145, 742, 3307, 3309, or 5505;

(2) The establishment of maximum age requirements for original appointment to a police department or fire department pursuant to R.C. §§ 124.41 and 124.42;

(3) Any establishment of a maximum age not in conflict with federal law that may be established by a municipal charter, municipal ordinance, or resolution of a board of township trustees for original appointment as a police officer or firefighter;

(4) Any establishment of a mandatory retirement provision not in conflict with federal law, a municipal charter, municipal ordinance, or resolution of a board of township trustees pertaining to police officers and firefighters.

(D) Nothing in this section shall be construed to require an individual with a disability to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the individual with a disability, other employees, the general public, or the facilities in which the work is to be performed, or to require the employment or training of an individual with a disability in a job that requires the individual with a disability routinely to undertake any task, the performance of which is substantially and inherently impaired by the individual's disability.

(E) Nothing in this chapter shall prohibit an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee from:

(1) Adopting or administering reasonable policies or procedures, including, but not limited to, testing for the illegal use of any controlled substance, that are designed to ensure that an individual no longer is engaging in the illegal use of any controlled substance. For purposes of this chapter, a test to determine the illegal use of any controlled substance does not include a medical examination;

(2) Prohibiting the illegal use of controlled substances and the use of alcohol at the workplace by employees;

(3) Requiring that employees not be under the influence of alcohol or not be engaged in the illegal use of any controlled substance at the workplace;

(4) Requiring that employees behave in conformance with the requirements established under "The Drug-Free Workplace Act of 1988," 41 U.S.C.A. 701, as amended;

(5) Holding an employee who engages in the illegal use of any controlled substance or who is an alcoholic to the same qualification standards for employment or job performance, and the same behavior, to which the employer, employment agency, personnel placement service, labor organization, or joint labor-management committee holds other employees, even if any unsatisfactory performance or behavior is related to an employee's illegal use of a controlled substance or alcoholism;

(6) Exercising other authority recognized in the "Americans with Disabilities” Act of 1990," 42 U.S.C.A. 12101, as amended, including, but not limited to, requiring employees to comply with any applicable federal standards.

(F) For any person, whether or not an employer, employment agency or labor organization, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful discriminatory practice, or to obstruct or prevent any person from enforcing or complying with the provisions of this section, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from enforcing or complying with the provisions of this section.

(G) This section does not apply to a religious corporation, association, educational institution, or society with respect to the employment of an individual of a particular religion to perform work connected with the carrying on by that religious corporation, association, educational institution, or society of its activities.

(Ord. 81-21, passed 11-15-21)

§ 140.03 UNLAWFUL DISCRIMINATORY HOUSING PRACTICES.

(A) Subject to R.C. § 4112.024 it shall be an unlawful discriminatory housing practice for any person to do any of the following:

(1) Refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of an individual's membership in a protected class.

(2) Represent to any individual that housing accommodations are not available for inspection, sale, or rental, when in fact they are available, and the representation of unavailability is based on the individual seeking accommodation being a member of a protected class.

(3) Discriminate against any individual in the making or purchasing of loans or the provision of other financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, or any individual in the making or purchasing of loans or the provision of other financial assistance that is secured by residential real estate, because of that individual being in a protected class, or because the neighborhood in which the housing accommodations are located is composed of one or more protected classes, provided that the person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects or incident to the person's principal business and not only as a party of the purchase price of an owner-occupied residence the person is selling nor merely causally or occasionally renting to a relative or friend;

(4) Discriminate against any individual in the terms or conditions of selling, transferring, assigning, renting, or subleasing any housing accommodations or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any housing accommodations, including the sale of fire, extended coverage, or homeowners insurance, because the individual is in a protected class, or because of the composition, in terms of protected class, of the neighborhood in which the housing accommodations are located;

(5) Discriminate against any individual in the terms or conditions of any loan of money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations because of the individual being a member of a protected class, or because of the composition, in terms of protected class, of the neighborhood in which the housing accommodations are located;

(6) Refuse to consider without prejudice the combined income of both lawfully-married spouses for the purpose of extending mortgage credit to a married couple or either member of a married couple;

(7) Except as otherwise provided in this section, make any inquiry, elicit any information, or use any form of application containing questions or entries concerning an individual's protected class status in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations. Any person may make inquiries, and make and keep records, concerning an individual's status as a member of a protected class for the purpose of monitoring compliance with this chapter.

(8) Include in any deed, land contract, transfer, rental, or lease of housing accommodations any discriminatory restrictive covenant, or honor or exercise, or attempt to honor or exercise, any discriminatory restrictive covenant;

(9) Induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur with respect to the protected class composition of the neighborhood in which the housing accommodations are located, or induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that the presence or anticipated presence of individuals of any protected class in the neighborhood will or may have results including, but not limited to, the following:

(a) The lowering of property values;

(b) A change in the composition, in terms of a protected class, of the neighborhood;

(d) A decline in the quality of the schools serving the neighborhood.

(10) Discourage or attempt to discourage the purchase by a prospective purchaser of housing accommodations, by representing that any neighborhood has undergone or might undergo a change in composition with respect to a protected class;

(11) Deny any individual access to or membership or participation in any multiple-listing service, real estate broker's organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations, or discriminate against any individual in the terms or conditions of that access, membership, or participation, because of the individual being in a protected class;

(12) Discriminate in any manner against any individual because that individual has opposed any unlawful practice defined in this chapter, or because that individual has made a charge, testified, assisted, or participated in any manner, in any investigation, proceeding, or hearing under the provisions of this chapter;

(13) Refuse to sell, transfer, assign, rent, lease, sublease, or finance, or otherwise deny or withhold, a burial lot from any individual because of that individual being in a protected class, or because of any prospective owner or user of the lot being in a protected class;

(14) Discriminate in the sale or rental of, or otherwise make unavailable or deny, housing accommodations to any buyer or renter because of the protected class status of any of the following:

(a) The buyer or renter;

(b) An individual residing in or intending to reside in the housing accommodations after they are sold, rented, or made available;

(15) Discriminate in the terms, conditions or privileges of the sale or rental of housing accommodations to any individual or in the provision of services or facilities to any individual in connection with the housing accommodations because of the protected class of any of the following:

(a) That individual;

(b) An individual residing in or intending to reside in the housing accommodations after they are sold, rented, or made available;

(16) Except as otherwise provided in this section, make an inquiry of an applicant to determine the protected class of the applicant for the sale or resale of housing accommodations, an individual residing in or intending to reside in the housing accommodations after they are sold, rented, or made available, or any individual associated with such individuals. The following inquiries may be made of all applicants for the sale or rental of housing accommodations, regardless of the applicant's protected class:

(a) An inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

(b) An inquiry to determine whether an applicant is qualified for housing accommodations available only to individuals with disabilities or individuals with a particular type of disability;

(c) An inquiry to determine whether an applicant is qualified for a priority available to individuals with disabilities or individuals with a particular type of disability;

(d) An inquiry to determine whether an applicant currently uses a controlled substance in violation of R.C. § 2925.11 or a substantively comparable municipal ordinance;

(e) An inquiry to determine whether an applicant at any time has been convicted of or pleaded guilty to any offense, an element of which is the illegal sale, offer to sell, cultivation, manufacture, other production, shipment, transportation, delivery, or other distribution of a controlled substance.

(17) Refuse to permit, at the expense of an individual with a disability, reasonable modifications of existing housing accommodations that are occupied or to be occupied by the individual with a disability, if the modifications may be necessary to afford the individual with a disability full enjoyment of the housing accommodations. This division does not preclude a landlord of housing accommodations that are rented or to be rented to a disabled tenant from conditioning permission for a proposed modification upon the disabled tenant's doing one or more of the following:

(a) Providing a reasonable description of the proposed modification and reasonable assurances that the proposed modification will be made in a workerlike manner and that any required building permits will be obtained prior to the commencement of the proposed modification;

(b) Agreeing to restore at the end of the tenancy the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if it is reasonable for the landlord to condition permission for the proposed modification upon the agreement;

(c) Paying into an interest bearing escrow account that is in the landlord's name, over a reasonable period of time, a reasonable amount of money not to exceed the projected costs at the end of the tenancy for the restoration of the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if the landlord finds the account reasonably necessary to ensure the availability of funds for the restoration work. The interest earned in connection with an escrow account described in this division shall accrue to the benefit of the disabled tenant who makes payments into the account.

(18) Condition permission for a proposed modification of a dwelling unit upon a disabled tenant's payment of a security deposit that exceeds the customarily required security deposit of all tenants of the particular housing accommodations.

(19) Refuse to make reasonable accommodations in rules, policies, practices, or services when necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling unit, including associated public and common use areas.

(20) Fail to comply with the standards and rules adopted under R.C. § 3781.111(A).

(21) Discriminate against any individual in the selling, brokering, or appraising of real property because of the individual being in a protected class.

(22) Fail to design and construct covered multifamily dwellings for first occupancy in accordance with the following conditions:

(a) The dwellings shall 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;

(b) With respect to dwellings that have a building entrance on an accessible route, all of the following apply:

1. The public use areas and common use areas of the dwellings shall be readily accessible to and usable by an individual with a disability.

2. All the doors designed to allow passage into and within all premises shall be sufficiently wide to allow passage by an individual with a disability who is in a wheelchair.

3. All premises within covered multifamily dwelling units shall contain an accessible route into and through the dwelling; all light switches, electrical outlets, thermostats, and other environmental controls within such units shall be in accessible locations; the bathroom walls within such units shall contain reinforcements to allow later installation of grab bars; and the kitchens and bathrooms within such units shall be designed and constructed in a manner that enables an individual in a wheelchair to maneuver about such rooms.

(23) For any person to discriminate in any manner against any individual because that individual has opposed any unlawful discriminatory practice defined in this section or because that individual has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this chapter or R.C. §§ 4112.01 to 4112.07.

(24) For any person to knowingly aid or abet the doing of any act declared by this section to be an unlawful discriminatory practice, to knowingly obstruct or prevent any person from complying with this chapter or any order issued under it, or to knowingly attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.

(B) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy housing accommodations.

(C) Nothing in this chapter shall bar any bona fide private or fraternal organization that incidental to its primary purpose, owns or operates lodgings for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.

(D) Nothing in this chapter prohibits owners or managers of housing accommodations from implementing reasonable occupancy standards based on the number and size of sleeping areas or bedrooms and the overall size of a dwelling unit, provided that the standards are not implemented to circumvent the purposes of this chapter and are formulated, implemented, and interpreted in a manner consistent with this chapter and any applicable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy housing accommodations.

(E) Nothing in this chapter requires that housing accommodations be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(F) Nothing in this chapter pertaining to unlawful discriminatory practices shall be construed to apply to "housing for older persons" as defined and provided in 42 U.S.C. 3607(b)(2), as amended.

(G) Nothing in this chapter shall be construed to require any person selling or renting property to modify the property in any way or to exercise a higher degree of care for an individual with a disability, to relieve any individual with a disability of any obligation generally imposed on all individuals regardless of disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract.

(Ord. 81-21, passed 11-15-21)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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