§ 93.03 DISCRIMINATION.
   (A)   In the sale, or rental, of housing. As made applicable by § 93.02, and except as exempted by §§ 93.03(B) and 93.05, it shall be unlawful:
      (1)   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 or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin;
      (2)   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, familial status, or national origin;
      (3)   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, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination;
      (4)   To represent to any person because of race, color, religion, sex, disability, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
      (5)   For profit, to induce, or attempt to induce, any person to sell, or rent, any dwelling by representations regarding the entry, or perspective entry, into the neighborhood of a person, or persons, of a particular race, color, religion, sex, disability, or national origin;
      (6)   To discriminate in the sale, or rental, or to otherwise make unavailable, or deny, a dwelling to any buyer, or renter, because of a disability of:
         (a)   That buyer or renter;
         (b)   A person residing in, or intending to reside in, that dwelling after it is so sold, rented, or made available; or
         (c)   Any person associated with that person.
      (7)   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 with such dwelling, because of a disability of:
         (a)   That buyer or renter;
         (b)   A person residing in, or intending to reside in, that dwelling after it is so sold, rented, or made available; or
         (c)   Any person associated with that person.
      (8)   For the purposes of this division (A), DISCRIMINATION includes:
         (a)   A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied, or to be occupied, by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
         (b)   A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use, and enjoy, a dwelling; or
         (c)   In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwelling in such a manner that:
            1.   The public use, and common use, portions of such dwellings are readily accessible to, and usable by, disabled persons;
            2.   All the doors designed to allow passage into, and within, all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
            3.   All premises within such dwellings contain the following features of adaptive design:
               a.   An accessible route into, and through, the dwelling;
               b.   Light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
               c.    Reinforcements in bathroom walls to allow later installation of grab bars; and
               d.   Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
      (9)   Compliance with the appropriate requirements of the Americans With Disabilities Action of 1990, and of the American National Standard for Buildings and Facilities, providing accessibility and usability for physically disabled people (commonly cited a “ANSI A117.1") suffices to satisfy the requirements of division (A)(8)(c)3. above.
      (10)   Nothing in this division (A) requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.
   (B)   In residential real estate-related transactions.
      (1)   It shall be unlawful for any person, or other entity, whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, disability, familial status, or national origin.
      (2)   As used in this division (B), the term RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means any of the following:
         (a)   The making, or purchasing, of loans, or providing other financial assistance:
            1.   For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
            2.   Secured by residential real estate.
         (b)   The selling, brokering, or appraising of residential real property.
      (3)   Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, familial status, or disability.
   (C)   In the provision of brokerage services. 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, disability, familial status, or national origin.
(Ord. 1994-9, passed 8-8-1994) Penalty, see § 93.99