(A) Prohibited activity. It is unlawful for any person to do any of the following related to the rental of real property for residential use as wholly or partially based on source of income, as defined herein:
(1) To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property related to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;
(2) To include in the terms or conditions of a transaction in real property any clause, condition or restriction;
(3) To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;
(4) To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.
(B) Prohibited economic discrimination. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:
(1) Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, on the same basis as rental payments to be made directly by the tenant or prospective tenant;
(2) Fails to account for the aggregate income of persons residing together or proposing to reside together or the aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners.
(C) Exceptions.
(1) Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one of the living units and it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant(s).
(2) Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.
(Ord. 816, passed 4-4-2018)