(a) It shall be an unlawful housing practice and a violation of this section
(1) For any person or real estate agent to:
A. Discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in housing;
B. Discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of a housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease or rental;
C. Include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing; or
D. Discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy of any person; or
(2) For any lending institution to:
A. Discriminate in lending money, guaranteeing a loan, accepting a deed of trust or mortgage or otherwise making available funds for purchasing, constructing, improving, altering, repairing, rehabilitating or maintaining housing, or discriminate against any person in the fixing of the amount, interest rate, duration or other terms, conditions or provisions of such financial assistance; or
B. Discriminate in the lending of money, guaranteeing a loan, accepting a deed of trust or mortgage or otherwise making funds available, on the basis of the geographic location; or
(3) For any person, real estate agent or lending institution, with respect to any prohibited act specified in this chapter, to publish, 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 housing, which indicates reliance, determination or decision based on race, color, creed, sex, marital status, religious belief, national origin or handicap; or
(4) For any person or real estate agent 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 any of the provisions of this chapter, or to attempt, directly or indirectly, to commit any act declared by this chapter to be an unlawful housing practice; or
(5) For any person, real estate agent or lending institution to:
A. Induce or attempt to induce the sale, transfer of interest or listing for sale of housing, by making representations regarding the existing.or potential proximity of real property owned, used or occupied by a person of any particular race, color, creed, sex, marital status, religious belief, national origin or handicap, by direct or indirect methods;
B. Make a representation to a prospective purchaser or lessee that housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to the race, color, creed, sex, marital status, religion, national origin or handicap of such block, neighborhood or area; or
C. Induce or attempt to induce the sale or listing for sale of housing by representing that the presence of anticipated presence of persons of any particular race, color, creed, sex, marital status, religion, national origin or handicap in the block, neighborhood or area will or may result in:
1. The lowering of property values;
2. A change in the racial, color, religious, nationality or ethnic composition of the block, neighborhood or area in which the property is located;
3. An increase in criminal or antisocial behavior in the area; or
4. A decline in the quality of the schools serving the area; or
(6) For any person or real estate agent to cause, coerce or attempt to cause or coerce retaliation against a 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; or
(7) 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; or
(8) To do any other thing or engage in conduct which would otherwise make equal housing opportunities unavailable.
(Res. 83-13. Passed 8-16-83.)
(b) Whoever commits an unlawful housing practice in violation of any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty shall be as provided in Section 698.02.