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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, 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.
FAMILY. Includes a single individual.
PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers and fiduciaries.
TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the occupant.
(Ord. 3 (1991), passed 3-13-1991)
Subject to the provisions of division (B) below and § 93.07 of this chapter, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
(A) All dwelling, except as exempted by division (B) below; and
(B) Nothing in § 93.04 of this chapter shall apply to:
(1) Any single-family house sold or rented by an owner; provided that, such private individual owner does not own more than three such single-family houses at any one time; provided further that, in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this division (B)(1) shall apply only with respect to one such sale within any 24-month period; provided further that, such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses any one time; provided further that, the sale or rental of any such single-family house shall be expected from the application of this chapter only if such house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and
(b) Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 93.04(C) of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one such living quarters as his or her residence. For the purpose of this division (B), a person shall be deemed to be in the business of selling or renting dwellings if:
(a) He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(b) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(c) He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 3 (1991), passed 3-13-1991) Penalty, see § 93.99
(A) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable, to deny a dwelling to any person because of race, color, religion, sex, national origin, familial status or handicapped status;
(B) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, familial status or handicapped status;
(C) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, national origin, familial status or handicapped state, or an intention to make any such preference, limitation or discrimination; and
(D) To represent to any person because of race, color, religion, sex, national origin, familial status or handicapped status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(Ord. 3 (1991), passed 3-13-1991) Penalty, see § 93.99
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion or national origin of such person or of any person associated with him or her in connection with such loan or other financial assistance, or of the present or prospective owners, leasee, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided that, nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 93.03(B) of this chapter.
(Ord. 3 (1991), passed 3-13-1991) Penalty, see § 93.99
It shall be unlawful 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 dwellings or to discriminate against him or her in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, national origin, familial status or handicapped status.
(Ord. 3 (1991), passed 3-13-1991) Penalty, see § 93.99
Nothing in this chapter shall prohibit a religious organization, association or society, or any non- profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin; nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Ord. 3 (1991), passed 3-13-1991)
(A) The authority and responsibility for administering this chapter shall be in the County Judge/ Executive.
(B) The County Judge/Executive may delegate any of these functions, duties and powers to employees of the county or to boards of such employees, including functions, duties and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business or matter under this chapter. The County Judge/Executive shall, by rule, prescribe such rights of appeal from the decisions of his or her hearing examiners to other hearing examiners or to other officers in the county to boards of officers or to himself or herself, as shall be appropriate and in accordance with law.
(Ord. 3 (1991), passed 3-13-1991)
Immediately after the enactment of this chapter, the Chief Executive Officer shall commence such educational and conciliatory activities as will further the purposes of this chapter. He or she shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this chapter and his or her suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement.
(Ord. 3 (1991), passed 3-13-1991)
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