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It is the policy of the city to safeguard all individuals within the city from discrimination because of race, color, religion, sex, ethnic group, familial status, disability or national origin. This policy is in conformance with Federal and State Constitutional rights.
(Prior Code, § 96.01) (Ord. passed 7-17-1972)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOUSING ACCOMMODATION. Includes improved and unimproved property and means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. An individual, whether licensed or not, who, for a fee, commission, salary or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate such an activity; or who advertises or holds himself or herself out as engaged in such activities; or who negotiates or attempts to negotiate a loan secured by mortgage or other encumbrances, upon a transfer of real estate; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he or she undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
REAL ESTATE OPERATOR. Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnership, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receives or other legal or commercial entity, the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvement thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest in the above.
(Prior Code, § 96.02) (Ord. passed 7-17-1972)
It is an unlawful practice for a person having the right to sell, exchange, rent or lease any property, or for a real estate broker, real estate salesperson or an individual employed by or on behalf of any of these to:
(A) Refuse to sell, exchange, rent or lease or otherwise deny to or withhold real property from an individual because of race, color, religion, sex, ethnic background, familial status, disability or national origin;
(B) Discriminate against an individual because of race, color, religion, sex, ethnic background, familial status, disability or national origin in the terms, conditions or privileges of the sale, exchange, rental or lease of real property or in the furnishings of facilities or services in connection therewith;
(C) Refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual because of race, color, religion, sex, ethnic background, familial status, disability or national origin;
(D) Refuse to negotiate for the sale, rental or lease of real property to an individual because of race, color, religion or national origin;
(E) Represent to an individual that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit an individual to inspect real property because of race, color, religion or national origin;
(F) Print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement or sign, or to use a form of application for the purchase, rental or lease of real property, or to make a record or inquiry in connection with the prospective purchase, rental or lease of real property, which indicates directly or indirectly a limitation, specification or discrimination as to race, color, religion, familial status, disability or national origin or an intent to make such a limitation, specification or discrimination;
(G) Offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of facilities or services in connection therewith because of race, color, religion, familial status, disability or national origin; or
(H) Otherwise to deny or withhold real property from an individual because of race, color, religion, sex, ethnic background, familial status, disability or national origin.
(Prior Code, § 96.03) (Ord. passed 7-17-1972) Penalty, see § 10.99
It is an unlawful practice for a person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvement of real property or an individual employed by or acting on behalf of any of these to:
(A) Discriminate against an individual because of the race, color, religion, sex, ethnic background, familial status, disability or national origin of the individual or the present or prospective owner, tenant or occupant of that real property or of a member, stockholder, director, officer, employee or representative of any of these, in the granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith; or
(B) Use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly, a limitation, specification or discrimination as to race, color, religion, sex, ethnic background, familial status, disability or national origin or an intent to make such a limitation, specification or discrimination.
(Prior Code, § 96.04) (Ord. passed 7-17-1972) Penalty, see § 10.99
The provisions of this subchapter do not apply to:
(A) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
(B) The rental of a portion of a housing accommodation by the occupant of the housing accommodation, or by the owner of the housing accommodation if he or she or a member of his or her family resides therein; or
(C) A religious institution or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association or society, limits or gives preferences in the sale, lease, rental, assignment or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees or sublessees that is calculated by the religious corporation, association or society to promote the religious principles for which it is established or maintained.
(Prior Code, § 96.05) (Ord. passed 7-17-1972)
ADMINISTRATION AND ENFORCEMENT