(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOUSING ACCOMMODATION. A building, structure or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. An individual, whether licensed or not, who, for a fee, commission, salary or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate or the improvements thereon, including options, or who negotiates or attempts to negotiate such an activity; or who advertises or holds himself or herself out as engaged in such activities; or who negotiates or attempts to negotiate a loan secured by mortgage or other encumbrances, upon a transfer of real estate; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he or she undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Includes buildings, structures, real estate, land, tenements, leaseholds, cooperatives, condominiums and hereditaments, corporeal and incorporeal.
(Prior Code, § 9.12.100)
(B) Real estate agents. It is an unlawful practice for a person having the right to sell, exchange, rent or lease any property, or for a real estate broker, real estate salesperson or an individual employed by or acting on behalf of any of these:
(1) To refuse to sell, exchange, rent or lease or otherwise deny to withhold real property from an individual because of his or her race, color, religion, national origin, sex or age;
(2) To discriminate against an individual because of his or her race, color, religion, national origin, sex or age in the terms, conditions or privileges of the sale, exchange, rental or lease of real property or in the furnishings of facilities or services in connection therewith;
(3) To refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual because of race, color, religion, national origin, sex or age;
(4) To refuse to negotiate for the sale, rental or lease of real property to an individual because of his or her race, color, religion, national origin, sex or age;
(5) To represent to an individual that real property is not available for inspection, sale, rental or lease when, in fact, it is so available, or to refuse to permit an individual to inspect real property because of his or her race, color, religion, national origin, sex or age;
(6) To print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement or sign, or to use a form of application for the purchase, rental or lease of real property which indicates, directly or indirectly, a limitation, specification or discrimination as to race, color, religion, national origin, sex or age, or an intent to make such a limitation, specification or discrimination;
(7) To offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of facilities or services in connection therewith because of his or her race, color, religion, national origin, sex or age; and/or
(8) Otherwise to deny to or withhold real property from an individual because of his or her race, color, religion, national origin, sex or age.
(Prior Code, § 9.12.110)
(C) Financial institutions. It is an unlawful practice for a person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvement of real property, or an individual employed by or acting on behalf of any of these:
(1) To discriminate against an individual because of the race, color, religion, national origin, sex or age of the individual or the present or prospective owner, tenant or occupant of that real property or of a member, stockholder, director, officer, employee or representative of any of these, in the granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith;
(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly a limitation, specification or discrimination as to race, color, religion, national origin, sex or age or an intent to make such a limitation, specification or discrimination; and/or
(3) To discriminate by refusing to give full recognition, because of sex, to the income of each spouse or the total income and expenses of both spouses where both spouses become or are prepared to become joint or several obligors in real estate transactions.
(Prior Code, § 9.12.120)
(D) Housing exceptions. The provisions of this section do not apply:
(1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or a member of his or her family resides in one of the housing accommodations;
(2) To the rental of a portion of a housing accommodation by the occupant of the housing accommodation, or by the owner of the housing accommodation if he or she or a member of his or her family resides therein; and/or
(3) To a religious institution, or to an organization operated for charitable or educational purposes which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association or society limits, or gives preferences in, the sale, lease, rental, assignment or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees or sublessees that is calculated by such religious corporation, association or society to promote the religious principles for which it is established or maintained.
(Prior Code, § 9.12.130)
(Ord. passed 3-9-1976) Penalty, see § 92.99