It shall be an unlawful or discriminatory practice for any person: (Ord. 15-4650, 12-15-2015)
A. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate or to otherwise make unavailable, or deny any real property or dwelling or part, portion or interest therein, to any person because of the age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income of that person. (Ord. 15-4650, 12-15-2015; amd. Ord. 16-4678, 10-4-2016)
B. To discriminate against any other person in the terms, conditions or privileges of any real estate transaction because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income.
C. To directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person is not welcome or not solicited because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents or public assistance source of income. (Ord. 15-4650, 12-15-2015)
D. To discriminate against the lessee or purchaser of any real property or dwelling or part, portion or interest of the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling because of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, presence or absence of dependents, or public assistance source of income of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. (Ord. 15-4650, 12-15-2015; amd. Ord. 16-4678, 10-4-2016)
E. The following exceptions are applicable to this section and section 2-3-6 of this chapter:
1. Any bona fide religious institution with respect to any qualifications it may impose based on religion, when these qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income.
2. Any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, sex, sexual orientation, presence or absence of dependents or public assistance source of income. (Ord. 15-4650, 12-15-2015)
3. Restrictions based on sex in the rental or leasing of dwellings within which residents of both sexes would share a common bathroom facility on the same floor of the building. (Ord. 15-4650, 12-15-2015; amd. Ord. 16-4678, 10-4-2016)
F. The following are exempt from the prohibitions set forth in this section and section 2-3-6 of this chapter with the exception of the prohibition on discrimination in advertising set forth in subsection C of this section: (Ord. 15-4650, 12-15-2015)
1. The rental or leasing of four (4) or fewer rooms within a single dwelling by the owner of such dwelling, if the owner resides therein. (Ord. 15-4650, 12-15-2015; amd. Ord. 16-4678, 10-4-2016)
2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner occupies the premises, or some portion thereof, and actually resides therein.
G. Nothing in this title limits the applicability of the city's restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons. For the purposes of this title, "housing for older persons" means housing:
1. Provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in the state or federal program and as determined by the secretary of housing and urban development); or
2. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or
3. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the regulations promulgated by the secretary of housing and urban development shall apply and at least the following two (2) criteria must be present:
a. That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit; and
b. 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 (55) years of age or older.
However, such housing may not otherwise be restricted on the basis of age, color, creed, disability, gender identity, marital status, familial status, national origin, race, religion, sex, sexual orientation, public assistance source of income or presence or absence of dependents. (Ord. 15-4650, 12-15-2015)