§ 104.22  DISCRIMINATION PROHIBITED.
   (A)   Sale or rental.  Discrimination in connection with sale or rental prohibited as follows:
      (1)   A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, sex, religion, national origin, handicap or familial status.
      (2)   A person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of race, color, sex, religion, national origin, handicap or familial status.
      (3)   This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
   (B)   Advertising.  A person may not 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, sex, religion, national origin, handicap or familial status or an intention to make such preference, limitation or discrimination.
   (C)   Inspection.  A person may not represent to any person because of race, color, sex, religion, national origin, handicap or familial status that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.
   (D)   Entry into neighborhood.  A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or a particular race, color, sex, religion, national origin, handicap or familial status.
   (E)   Handicap.
      (1)   A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
         (a)   The buyer or renter;
         (b)   A person residing in or intending to reside in the dwelling after the dwelling is sold, rented or made available; or
         (c)   Any person associated with the buyer or the renter.
      (2)   A person may not discriminate against any person in terms, conditions or privileges of sale or rental of a dwelling or in the provisions of services or facilities in connection with the dwelling because of a handicap of:
         (a)   The person;
         (b)   A person residing in or intending to reside in the dwelling after the dwelling is sold, rented or made available; or
         (c)   Any person associated with the person.
      (3)   For purposes of this section only, discrimination includes the following:
         (a)   A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be by that person if the modifications may be necessary to afford the person full enjoyment of the premises.
         (b)   A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.
         (c)   In connection with design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that:
            1.   The public use and common use parts of the dwellings are readily accessible to and usable by handicapped persons;
            2.   All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by handicapped persons in wheelchairs.
         (d)   All premises within the dwellings contain the following features of adaptive design:
            1.   An accessible route into and through the dwelling;
            2.   Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
            3.   Reinforcements in bathroom walls to allow later installation of grab bars; and
            4.   Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
         (e)   As used in this division, COVERED MULTIFAMILY DWELLINGS means:
            1.   Buildings consisting of 4 or more units if the buildings have 1 or more elevators; and
            2.   Ground floor units in other buildings consisting of 4 or more units;
      (4)   Compliance with the rules of the Fire Prevention and Building Safety Commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for the physically handicapped people (ANSI A117.1) satisfies the requirements of divisions (E)(3)(c) and (E)(3)(d) above.
      (5)   This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   (F)   Residential real estate related transaction.  As used in this section, RESIDENTIAL REAL ESTATE RELATED TRANSACTION means the following:
      (1)   Making or purchasing loans or providing other financial assistance:
         (a)   To purchase, construct, improve, repair or maintain a dwelling; or
         (b)   To secure residential real estate.
      (2)   Selling, brokering or appraising residential real property; and
      (3)   A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, sex, religion, national origin, handicap or familial status.
   (G)   Brokerage services.  A person may not deny any person access to, or membership or participation in, a multiple listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership or participation in such an organization, service or facility because of race, color, sex, religion, national origin, handicap or familial status.
   (H)   Threats/coercion/intimidation/ interference.  A person may not threaten, coerce, intimidate or interfere with any other person:
      (1)   In the exercise or enjoyment of any right granted or protected by this chapter; or
      (2)   Because the person has exercised or enjoyed, or has encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter.
(Prior Code, § 104.22)  (Ord. 7483, passed 5-12-1992)