(A) It is an unlawful discriminatory practice and unlawful:
(1) For any person to discriminate on grounds of race, creed, religion, color, sex, marital status, status with regard to public assistance, national origin, age, HIV positive status, or disability in the sale, lease or rental of any housing unit;
(2) For any broker, salesperson or other person acting in behalf of another to so discriminate in the sale, lease or rental of any housing unit belonging to such other person;
(3) For any person engaged in the business of financing the purchase, rehabilitation, remodeling or repair of housing units or in the business of selling insurance with respect to housing units to refuse to provide financing or insurance, or to discriminate with regard to the terms or conditions thereof, by reason of the race, color, sex, religion, creed, national origin, marital status, status with regard to public assistance, age, HIV positive status, or disability of the applicant or because of the location of the units in areas of the city occupied by persons of a particular race, color, sex, religion, creed, national origin, marital status, status with regard to public assistance, age, HIV positive status, or disability; or to discriminate by treating differently any person who desires to purchase, lease, acquire, construct, rehabilitate, repair or maintain real property in a specific urban area because of social, economic or environmental conditions of the area in granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges, of any financial assistance or in the extension of services in connection therewith. The bona fide programs of federal, state or local governmental units or agencies, however structured or authorized to upgrade or improve in any manner a specific urban area, shall not be deemed to be a violation of this section;
(4) For any person, having sold, leased or rented a housing unit to any person, to discriminate with respect to facilities, services or privileges of occupancy by reason of race, color, sex, creed, religion, national origin, age or disability, marital status, HIV positive status, or status with regard to public assistance;
(5) For any person to make or publish any statement evidencing an intent to discriminate, on grounds of race, creed, religion, color, sex, national origin or ancestry, marital status, status with regard to public assistance, age, HIV positive status, or disability, in the sale, lease or rental of a housing unit;
(6) For any person to make any inquiry regarding race, color, sex, creed, religion, national origin, marital status, status with regard to public assistance, age, HIV positive status, or disability, or to keep any record or use any form of application designed to elicit the information, in connection with the sale, lease, rental or financing of a housing unit; and
(7) For any person, for the purpose of inducing a real estate transaction from which he or she may benefit financially:
(a) To represent that a change has occurred or will or may occur in the composition of the block, neighborhood or area in which the property is located, in respect of the race, color, sex, creed, religion, national origin, marital status, status with regard to public assistance, age, HIV positive status, or disability of those living there; or
(b) To represent that this change will or may result in the lowering of property values, an increase in crime or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area concerned.
(B) Nothing in this section shall be construed to require any person selling, renting or leasing property to modify the property in any way or exercise a higher degree of care for a person having a disability than for a person who does not have a disability; nor shall this section be construed to relieve any person, regardless of any disability, in a written lease, rental agreement or contract or purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement or contract.
(C) The provisions of this section shall not apply to:
(1) The rental of a portion of a dwelling containing accommodations for two families, one of which is occupied by the owner; or
(2) The rental, by an owner or occupier of a one-family accommodation in which he or she resides, of a room in the accommodation to another person, if the discrimination is by sex, marital status, HIV positive status, status with regard to public assistance or disability.
(D) Nothing in this section shall be construed to require any person selling, renting or leasing property to modify the property in any way or exercise a higher degree of care for a person having a disability than for a person who does not have a disability; nor shall this section be construed to relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement or contract.
(Prior Code, § 7.1-2) (Ord. 577, passed - -)