For the purpose of this chapter, the following words and phrases shall have the meanings respectively assigned to them:
FAMILIAL STATUS: One or more individuals (who have not attained the age of 18 years) being domiciled with:
(A) A parent or other person having legal custody of such individual or individuals; or
(B) The designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protection afforded by this chapter against discrimination on the basis of familial status applies to any person who is pregnant or in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
HOUSING ACCOMMODATIONS: Includes any improved or unimproved real property, or part thereof, which is used or occupied, or is maintained, arranged or designed to be used or occupied, as the home or residence of one or more individuals.
LENDING INSTITUTION: Any bank, insurance company, savings and loan association, other person in the business of lending money or guaranteeing loans, any person in the business of obtaining, arranging or negotiating loans or guarantees as agent or broker, and any person in the business of buying loans or instruments for the payment of money which are secured by title to or a security interest in real property, but shall not include any religious institution or organization nor any charitable or educational organization operated, supervised or controlled by a religious institution or organization.
OWNER: Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property.
REAL ESTATE BROKER OR SALESMAN: A person or entity, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these.
REAL ESTATE TRANSACTION: Includes the sale, exchange, rental, lease or sublease of real property and also includes the brokering or appraising of real property to be used or used as a housing accommodation and the making or purchasing of loans or providing other financial assistance:
(A) For purchasing, constructing, improving, repairing or maintaining a dwelling; or
(B) Secured by residential real estate.
REAL PROPERTY: Includes buildings, structures, real estate, lands, tenements, leaseholds, interest in real estate cooperatives, condominiums, and hereditament, corporeal and incorporeal, or any interest therein intended to be used or used as a housing accommodation.
SALE: Includes any contract to sell, exchange, convey, transfer or assign legal or equitable title to or beneficial interest in real property.
SOLICITATION: Any conduct designed or intended to induce the owner of any real property to sell, rent, exchange, convey, transfer or list for sale or rental such real property. (Ord. 591, 5-10-2005)
(A) Discrimination Prohibited: No owner, lessee, or sublessee of real property, real estate broker or salesman, lending institution, advertiser, or agent of any of the foregoing, shall discriminate against any person because of that person's race, color, religion, creed, gender, national origin, ancestry, age, marital status, physical or mental disability or handicap or familial status with respect to any real estate transaction.
(B) Enumeration Of Unfair Housing Practices: Any "act of discrimination" (as defined herein) in a real estate transaction involving a housing accommodation shall be considered an unfair housing practice, including, but not limited to, the following if by reason of an "act of discrimination" as defined herein:
1. Refusal to engage in or make available a real estate transaction with a person.
2. Altering the terms, conditions or privileges of a real estate transaction or in the furnishings of facilities or services in connection therewith.
3. Refusal to receive or failure to transmit a bona fide offer to engage in a real estate transaction from a person.
4. Refusal to negotiate for a real estate transaction with a person.
5. Representing to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or failure to bring a property listing to his or her attention, or refusal to permit him or her to inspect real property.
6. Printing, circulating, posting, mailing, publishing or causing to be published a written or oral statement, advertisement or sign, or using a form of application for a real estate transaction, which expresses any limitation founded upon, or indicating, directly or indirectly an intent to engage in unlawful discrimination.
7. Offering, soliciting, accepting, using or retaining a listing of real property with knowledge that unlawful discrimination or discrimination is intended in a real estate transaction.
8. Soliciting for sale, leasing, listing or purchasing any residential real property within the village on the grounds of loss of value due to the present or prospective entry into the vicinity of the real property involved of any person or persons of any particular race, color, religion, creed, gender, national origin, ancestry, age, marital status, familial status or physical or mental disability or handicap.
9. Discrimination or participating in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repairs or maintenance of any real property in the village. For the purpose of this subsection, discrimination in lending shall include:
(a) Refusal to make loans; or
(b) Differentiation in the type of loans, including interest rates, charges to buyer or seller, duration and amount of loan; or
(c) Influencing appraisals in connection with loans; or
(d) Delaying processing loan applications. (Ord. 591, 5-10-2005)
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