515.02 DEFINITIONS.
As used in this chapter, the following terms shall have these meanings:
(a) "Real estate agent" includes any real estate broker, real estate salesperson or an agent thereof, or any other person, partnership, association or corporation who for consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself/herself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.
(b) The terms "discrimination", "discriminating" or "discriminate" mean to render any unlawful difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of a person's race, color, religion, sex, familial status, national origin or disability.
(c) "Housing" includes any building, facility or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one (1) or more persons, groups or families and any vacant land offered for sale or lease for the construction or location thereon of such building, facility or structure.
(d) "Lending institution" means any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money or guaranteeing loans.
(e) "Person" means one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
(f) "Aggrieved Person" includes any person who claims to have been injured by a discriminatory housing practice or who believes that he/she will be injured by a discriminatory housing practice that is about to occur or a non-profit organization whose purpose is to promote fair housing and who has reason to believe, because of testing conducted by said organization or otherwise, that a discriminatory housing practice has occurred.
(g) "Complainant" means a person or a non-profit organization whose purpose is to promote fair housing, who files a complaint under the section entitled "Complaint".
(h) "Conciliation" means the attempted resolution of issues raised by a complainant or by the investigation of the complaint, through informal negotiations involving the aggrieved person and the respondent.
(i) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(k) "Unlawful housing practice means an act prohibited by this chapter, and includes "discriminatory housing practices".
(l) "Dwelling" means:
(1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families; or
(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described in paragraph (d) of this subdivision.
(m) "Family" includes a single individual.
(n) "Familial status" means:
(1) The status resulting from one or more persons who are under the age of eighteen years being domiciled with an individual who is either:
A. The parent of the person(s) under age eighteen;
B. The legal guardian of the person(s) under age eighteen; or
C. The designee (with written authorization) of the parent or legal guardian or custodian of the person(s) under eighteen.
(2) The status resulting from being pregnant.
(3) The status resulting from being in the process of securing legal custody of any person who is under the age of eighteen.
(o) "Disability" means:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
This does not include the 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).
(p) "Housing for older persons" means housing:
(1) Housing that is:
A. Provided under any state or federal program that the Secretary of HUD determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
B. Intended for, and solely occupied by, persons sixty-two years of age or older; or
C. Intended and operated for occupancy by at least one person fifty-five years or older per unit.
(2) The determination as to whether housing qualifies as housing for older persons under this subsection shall be consistent with regulations promulgated by the Secretary of HUD, providing at least the following factors:
A. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
B. That at least eighty percent (80%) of the units are occupied by at least one person fifty-five years of age or older per unit; and
C. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.
(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
A. Persons residing in such housing as of the date of enactment of the Fair Housing Act of 1988 who do not meet the age requirements of this subsection; provided that the new occupants of such housing meet such age requirements; or
B. Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.
(q) "Major life activities" means functions such as, but not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(r) "Respondent" means:
(1) The person accused of a violation of this chapter in a complaint of an unlawful housing practice; or
(2) Any person identified as an additional or substitute respondent under section entitled additional or substitute respondent or an agent of an additional or substitute respondent.
(s) "To rent" includes to lease, sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Ord. 2010-10-90. Passed 10-27-10.)