As used in this title, the following terms shall have the meanings indicated:
AGE: Chronological age of any person.
AGGRIEVED PERSON: Any person who: a) claims to have been injured by a discriminatory housing practice; or b) believes that such person will be injured by a discriminatory housing practice that is about to occur.
CITY ATTORNEY: The duly appointed attorney for the city or such person designated by the city attorney.
COMMISSION: The Iowa City human rights commission.
COMPLAINANT: A person who has filed a report of discrimination as provided for by this title.
COMPLAINT: A report of discrimination as provided for by this title.
CONCILIATION: The attempt by the human rights coordinator to reach a resolution with both parties in a case in which a determination of probable cause has been made.
CONSUMER CREDIT TRANSACTION: As defined in section 537.1301(11) of the code of Iowa, as amended.
COURT: The district court of the state of Iowa or any judge of the court if the court is not in session at that time.
COVERED MULTI-FAMILY DWELLING:
A. A building consisting of four (4) or more dwelling units if the building has one or more elevators; or
B. The ground floor units of a building consisting of four (4) or more units.
CREDIT: As defined in section 537.1301(15) of the code of Iowa, as amended.
CREDITOR: As defined in section 537.1301(17) of the code of Iowa, as amended.
DEPENDENT: Any person, regardless of age, who resides in a household and who derives primary care or support from that household.
DISABILITY:
A. The physical or mental impairment of a person which substantially limits one or more of such person's major life activities, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this title does not preclude the application of the provisions of this title to conditions resulting from other contagious or infectious diseases.
B. A record of having such an impairment.
C. Being regarded as having such an impairment. "Disability" does not include current, illegal use of or addiction to a controlled substance as defined by chapter 124A of the Code of Iowa, as amended.
DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
ELDERLY: Any person who has attained the age of fifty five (55) years.
EMPLOYEE: Any person who works for wages, salary or commission or any combination thereof, and persons who are seeking or applying for employment.
EMPLOYER: Includes any person, wherever situated, who solicits individuals within the City to apply for employment within the City or elsewhere. The term includes the City itself, and to the extent not inconsistent with State law, all other political subdivisions, public corporations, governmental units conducting any activity within the City and public agencies or corporations.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person.
FAMILIAL STATUS:
A. One or more individuals under the age of eighteen (18) domiciled with one of the following:
1. A parent or another person having legal custody of the individual or individuals.
2. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person.
B. Protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
FAMILY: For purposes of this title "family" includes a single individual, and includes persons who are registered as domestic partners and who are eligible to obtain a certified statement of the domestic partnership from the City Clerk, as provided in chapter 6 of this title.
GENDER IDENTITY: A person's gender-related identity, appearance, or expression, whether or not traditionally associated with the person's biological sex or sex at birth, incorporating the person's attitudes, preferences, beliefs, and practices pertaining thereto, including being physically and/or behaviorally androgynous.
HOUSING TRANSACTION: The sale, exchange, rental or lease of real property and the offer to sell, exchange, rent or lease real property.
LABOR ORGANIZATION: Any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
MARITAL STATUS: The state of being married, single, divorced, separated or widowed.
PERSON: One or more individuals; partnerships; associations; corporations; legal representatives; trustees; receivers; the City or any board, commission, department or agency thereof; all other governmental units conducting any activity in the City; labor organizations; trustees in cases under title 11 of the United States Code, as amended; and fiduciaries.
PUBLIC ACCOMMODATION: Each and every place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee or charge. Each and every place, establishment or facility that caters or offers services, facilities or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment or facility which is by its nature distinctly private, except that, when such distinctly private place, establishment or facility caters or offers services, facilities or goods to the general public for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period.
PUBLIC ASSISTANCE SOURCE OF INCOME: Income and support derived from any tax supported Federal, State or local funds, including, but not limited to, social security, supplemental security income, temporary assistance for needy families, family investment program, general relief, food stamps, and unemployment compensation but not including rent subsidy programs. Housing choice voucher subsidies and similar rent subsidy programs shall also be included in this definition immediately upon the event of either of the following:
A. The repeal of Iowa Code section 364.3(16) and any similar statutes preempting cities from prohibiting owners, lessors, sublessors, managing agents, or other persons having the right to lease, sublease, or rent out a dwelling unit from refusing to lease or rent out the dwelling unit to a person because of the person's use of a federal housing choice voucher issued by the United States department of housing and urban development; or
B. A court with lawful jurisdiction invalidates Iowa Code section 364.3(16) and any statutes of similar effect.
RESPONDENT: A person who is alleged to have committed an act prohibited by this title, against whom a complaint has been filed under this title, or who has been identified in the course of investigation as required with respect to respondents so identified under subsection 2-4-4A of this title.
SEXUAL HARASSMENT: A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment.
SEXUAL ORIENTATION: Actual, history of, or perceived heterosexuality, homosexuality, or bisexuality.
STATE, STATE PARTY AND STATE PARTIES: As used in the preamble and part I of the "International Convention On the Elimination of All Forms of Racial Discrimination (1966)", as amended, shall mean the City of Iowa City, Iowa.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in sections 216.6, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A of the Code of Iowa, as amended, or this title.
(Ord. 94-3647, 11-8-1994; amd. Ord. 95-3697, 11-7-1995; Ord. 97-3785, 5-20-1997; Ord. 00-3921, 3-7-2000; Ord. 03-4105, 12-16-2003; Ord. 15-4650, 12-15-2015; Ord. 16-4658, 2-16-2016, eff. 6-1-2016; Ord. 18-4736, 1-2-2018; Ord. 18-4739, 2-20-2018; Ord. 23-4911, 9-19-2023)