As used in this chapter:
(a) "Discriminate" which includes "separate" and "segregate" means any distinction or difference in treatment based on their race, color, creed, age, sex, marital status religious belief, national origin, handicap, familial status, or ancestry.
(b) "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 an individual or individuals; or
(2) The designee of such parent or other persons 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 in the process of securing legal custody of any individual who has not attained the age of eighteen.
(c) "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 current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)).
(d) "Housing" and "housing accommodations" means any building, structure or portion thereof which is occupied as or designed or intended for accommodations as a residence for one or more persons, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
(e) "Person" includes one or more individuals, real estate agents, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, fiduciaries and the like. "Persons" as applied to partnerships or other associations includes their members, and as applied to corporations includes their officers.
(f) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy housing accommodations.
(Ord. 12-00. Passed 5-1-00.)
(a) No person shall:
(1) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold housing accommodations from any person because of race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status, or ancestry of any prospective owner, occupant or user of such housing.
(2) Represent to any person because of race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status, or ancestry that any housing is not available for inspection, sale or rental when such housing is in fact so available.
(3) Refuse to lend money whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repairing or maintenance of housing or otherwise withholding financing of any housing from any person because of the race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status, or ancestry of any present or prospective owner, occupant or user of such housing.
(4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of housing because of the race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status, or ancestry of any present or prospective owner, occupant or user of such housing.
(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, because of the race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status, or ancestry of any present or prospective owner, occupant or user of such housing.
(6) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition, construction, rehabilitation, repair or maintenance of any housing which indicates any preference, limitation, specification or discrimination based upon race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status or ancestry.
(7) Include in any transfer, rental or lease of any housing any restrictive covenant. However, the inclusion of prior restrictive covenants in the chain of title shall not be deemed a violation of this provision.
(8) Induce or solicit or attempt to induce or solicit any housing listings, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the housing is located; or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status or ancestry in the area will or may have results such as the following:
A. The lowering of property values;
B. A change in the racial, religious or ethnic composition of the block, neighborhood or area in which the housing is located;
C. An increase in criminal or antisocial behavior in the area; or
D. A decline in the quality of the schools serving the area.
(9) Discriminate in any manner against any other person because he has opposed any unlawful practice as defined in this section, or because he has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding or hearing under any provision of this chapter.
(10) Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with the requirements of this chapter or any order issued pursuant thereto.
(11) Discourage or attempt to discourage the purchase, rental, lease, sublease, or transfer of any housing by representing that any block, neighborhood or area has or might undergo a change with respect to the racial, religious or nationality composition of the block, neighborhood or area.
(12) This section applies to discriminatory housing practices within the territorial limits of the City, and to housing accommodations located within the territorial limits of the City.
(b) The terms and provisions of this chapter shall not apply to the rental of housing accommodations in a personal residence by the owner or occupant thereof when occupied by him as a bona fide residence for himself and any members of his family forming his household.
(c) Nothing in this chapter shall be construed as prohibiting any person, firm or corporation from imposing any and all conditions and requirements relative to any of the transactions herein described, provided such conditions do not concern race, color, religion, national origin or ancestry, and provided such conditions are imposed uniformly, regardless of race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status or ancestry. Nothing in this chapter shall be construed as prohibiting the owner, lessee or sublessee of real property or any person, firm, or corporation concerned in real estate transactions from exercising absolute discretion in establishing the terms and conditions of the sale, exchange, lease or rental of real property or in any transactions involving real property, provided such terms and conditions do not concern race, color, creed, age, sex, marital status, religious belief, national origin, handicap, familial status or ancestry. Nothing in this chapter shall be construed as requiring an owner, lessee or sublessee of real property to offer such property to the public at large before selling or renting the same.
(d) In any proceedings where the court determines that there has been a violation of this chapter the court shall award compensatory damages and, where appropriate, punitive damages of not more than one thousand dollars ($1,000) plus attorney fees and court costs. The court may also order such other relief as it deems necessary or appropriate which may include, but is not limited to, the issuance of any permanent or temporary injunction, temporary restraining order or other order.
(Ord. 12-00. Passed 5-1-00.)
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