CHAPTER 725
Fair Housing Practices
   EDITORS' NOTE: All references to "Law Director" in this chapter have been changed to "Administrative Legal Counsel" to reflect the Charter Amendment passed by the electors on May 8, 2001, and upon the adoption of Ordinance 2001-97, passed June 4, 2001.
725.01   Designation of policy.
725.02   Definitions.
725.03   Unlawful housing practices.
725.04   Posting of notices.
725.05   Fair Housing Board.
725.06   Procedures and enforcement.
725.07   Scope of chapter.
725.08   Other legal action.
725.09   Intimidation in connection with housing.
725.10   Exemptions.
 
725.99   Penalty.
   CROSS REFERENCES
   Fair housing - see Ohio R.C. Ch. 4112
   Discrimination by contractor for City work prohibited - see ADM. 113.03
   Community Planning and Renewal Department - see ADM. Ch. 159
   Urban renewal - see ADM. Ch. 161
   Housing and Redevelopment Commission - see ADM. Ch. 185
   Interfering with civil rights - see GEN. OFF. 525.13
725.01 DESIGNATION OF POLICY.
   It is hereby designated to be the continuing policy of the City to do all things necessary and proper to secure for all its citizens their right to equal housing opportunities regardless of their race, color, creed, sex, familial status, religious belief, national origin or handicap.
(Ord. 96-98. Passed 5-6-96.)
725.02 DEFINITIONS.
   As used in this chapter:
   (a)   "Board" means the Fair Housing Board established by this chapter.
   (b)   "Discrimination", "discriminating" or "discriminate" means to render any difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of the person's race, color, creed, sex, familial status, religious belief, national origin or handicap.
   (c)   "Familial status" means one or more individuals (who have not attained the age of eighteen years) being domiciled with:
      (1)   A parent or another person having legal custody of such individual or individuals; or
      (2)   The designee of such parent or other person having such custody, with the written permission of such parent or other person.
   The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
   (d)   "Family" includes a single individual.
   (e)   "Handicap" means, with respect to a person:
      (1)   A physical or mental impairment which substantially limits one or more of such person's major life activities;
      (2)   A record of having such an impairment; or
      (3)   Being regarded as having such an impairment, but such term does not include the current, illegal use of or addiction to a controlled substance (as defined in 21 U.S.C. 802).
   (f)   "Housing" includes any building, facility or structure or portion thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more persons, groups or families, and any vacant land offered for sale or lease for the construction or location of such building, facility or structure.
   (g)   "Lending institution" means any bank, building and loan association, savings and loan association, insurance company or other person whose business consists, in whole or in part, in the lending of money or guaranteeing loans.
   (h)   "Person" means one or more individuals, corporations, partnerships, associations, firms, enterprises, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   (i)   "Real estate agent" includes any real estate broker, real estate salesperson or an agent thereof or any other person, partnership, association or corporation who or which, for consideration, sells, purchases, exchanges or rents real property, or negotiates or offers or attempts to negotiate the sale, purchase, exchange or rental of real property, or holds himself or herself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.
   (j)   “Protected classes” includes race or color, national origin, ancestry, religion, sex, familial status, disability, military status.
(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)
725.03 UNLAWFUL HOUSING PRACTICES.
   It shall be an unlawful housing practice and a violation of this chapter:
   (a)   For any real estate agent or other person:
       (1)   To discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in housing.
       (2)   To discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of the housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease or rental.
       (3)   To include in the terms, conditions or privileges of any sale, lease, sublease, rental assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing.
      (4)   To discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy of any person.
   (b)   For any person, whose business includes engaging in residential real estate-related transactions, to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction based on a protected class.
         As used in this section, the term “residential real estate-related transaction” means any of the following:
      (1)   The making or purchasing of loans, or providing other financial assistance, for the purchase, construction, improvement, repair or maintenance of a dwelling, secured by residential real estate.
      (2)   The selling, brokering or appraising of residential real property.
   (c)   For any real estate agent, lending institution or other person, with respect to any prohibited act specified in this chapter, to publish or circulate, or cause to be published or circulated, any notice, statement, listing or advertisement, or to announce a policy or to make any record, in connection with the prospective sale, lease, sublease, rental or financing of any housing, which indicates reliance on, or a determination or decision based on, race, color, creed, sex, familial status, religious belief, national origin or handicap.
   (d)   For any real estate agent or other person to assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent endorsement or compliance with provisions of this chapter, or to attempt, directly or indirectly, to commit any act declared by this chapter to be an unlawful housing practice.
   (e)   For any real estate agent, lending institution or other person:
      (1)   To induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person of any particular protected class.
      (2)   To make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to a protected class of such block, neighborhood or area.
      (3)   To induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular protected class in the block, neighborhood or area will or may result in:
         A.   The lowering of property values.
         B.   A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located.
         C.   An increase in criminal or antisocial behavior in the area.
         D.   A decline in the quality of the schools serving the area.
   (f)   For any real estate agent or other person to cause or coerce, or attempt to cause or coerce, retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter, or to prevent any person from complying with this chapter.
   (g)   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 housing or to discriminate against a person in the terms or conditions of such access, membership or participation.
   (h)   To do any other thing or engage in conduct which would otherwise make unavailable equal housing opportunities.
(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)
 
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