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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.)
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.)
(a) Every real estate agent shall post, in a conspicuous location in that portion of his or her place of business normally used by him or her for negotiating the terms of a sale or lease of housing, and each person who operates a multi-unit residential building containing more than two units shall post, at all times when prospective tenants are being interviewed , in a conspicuous location in that portion of his or her housing business normally used by him or her for negotiating the rental of a housing unit therein, a notice prepared by the Board which contains the following language, printed in black on a light colored background, in not less that fourteen point type: “It is a violation of the Fair Housing Law of the City of Elyria, State of Ohio, for any real estate agent, or for any person owning or managing a multi-unit apartment dwelling, to:
(1) Deny housing to any person based on a protected class.
(2) Discriminate against any person based on a protected class, in the terms, conditions or privileges of housing accommodations or in the furnishings of facilities or services in connection therewith.”
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, CONTACT THE CITY OF ELYRIA'S FAIR HOUSING BOARD, THE OHIO CIVIL RIGHTS COMMISSION OR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(b) Failure to comply with this section shall constitute a violation of this chapter.
(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)
(a) There is hereby established the Fair Housing Board, to consist of five members who shall be qualified electors of the City, who shall not hold any elected public office at the Municipal, County, State or Federal level at any time while a member of the Board and who shall not be employed by the City, but may be employed by the County, State or Federal Government. Any duly appointed Board member who is a candidate for any public office shall be automatically disqualified from further membership on the Board. The day the Board member files petitions with the Lorain County Board of Elections shall be the date of the disqualification. Nothing shall prohibit the Board from consulting and meeting with real estate agents or representatives of lending institutions in matters regarding educational or other programs to further the purpose of this chapter.
(b) The Board members shall be appointed by the Mayor. Of the members first appointed, one shall hold office for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and their successors shall be appointed for terms of five years. The Mayor shall fill all vacancies by appointment for the remainder of the unexpired term. The Mayor shall be an ex-officio member of the Board. After being duly constituted, a Chairperson and Vice-Chairperson shall be chosen by a majority vote of the Board.
(c) The Secretary of the Board shall be appointed by the Mayor and may be an employee of the City.
(d) The Mayor may recommend to Council the removal of any member of the Board for neglect of duty or malfeasance in office. Council may remove a member of the Board from office by an affirmative vote of at least three-quarters of Council only after having first given to such member a written copy of the charges against him or her and an opportunity to be publicly heard in person or by counsel, in his or her own defense, and any such removal shall be final. The procedure at such public hearing and any further provisions regarding removal shall be governed by the provisions of the City Charter relating to the removal of members of boards and commissions.
(e) Three members of the Board shall constitute a quorum for the purpose of conducting the business thereof. A vacancy on the Board shall not impair the right of the other members to exercise all the power of the Board.
(f) Each member of the Board shall serve without salary, but shall be paid necessary and actual expenses expended in performing the business of the Board.
(g) The Board is charged with the following duties to implement the stated policy of this chapter:
(1) To render at least once a year to the Mayor and to Council a full written report of all its activities and recommendations.
(2) To recommend to the Mayor, when it deems necessary, educational and other programs designed to promote the purpose stated in this chapter.
(3) To adopt rules and procedures for the conduct of its business.
(4) To do such other acts that are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter.
(5) To render at least once a year to the Mayor and to Council a full written report of all its activities and recommendations.
(6) To recommend to the Mayor, when it deems necessary, educational and other programs designed to promote the purpose stated in this chapter.
(7) To adopt rules and procedures for the conduct of its business.
(8) To do such other acts that are necessary and proper in order to perform those duties with which it is charged under the terms of this chapter.
(h) The Director of the Equal Opportunity Department shall be responsible for the administration of this chapter. This responsibility may be delegated to the Equal Opportunity Department staff.
(Ord. 96-98. Passed 5-6-96; Ord. 2018-182. Passed 11-19-18.)
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