A. Practices Enumerated: It shall be an unlawful housing practice and a violation of this chapter for any owner or other person to: (Ord. 1996-2, 3-11-1996)
1. Sell or lease a dwelling or housing on terms, conditions or privileges that discriminate between persons because of race, color, religion, national origin, gender, creed, ancestry, physical or mental disability, marital status, age, military status, sexual orientation, pregnancy, unfavorable discharge from military service, familial status, or order of protection status.
2. Refuse to negotiate for, enter into, or perform any sale or lease of any dwelling or housing because of the race, color, religion, national origin, gender, creed, ancestry, physical or mental disability, marital status, age, military status, sexual orientation, pregnancy, unfavorable discharge from military service, familial status, or order of protection status of any party to such sale or lease, or of any member of the family of any such party, or of any person using or occupying or intending to use or occupy such dwelling or housing, or of any person using or occupying any dwelling or housing in the area in which such dwelling or housing is located.
3. Represent to any person that any dwelling or housing is not available for inspection, purchase, sale, lease, or occupancy when in fact it is so available, or otherwise to withhold housing from any person because of race, color, religion, national origin, gender, creed, ancestry, physical or mental disability, marital status, age, military status, sexual orientation, pregnancy, unfavorable discharge from military service, familial status, or order of protection status. (Ord. 1996-2, 3-11-1996; amd. 2018 Code)
4. Publish or circulate a statement, advertisement or notice of an intention to sell or lease any dwelling or housing in a manner that is unlawful under this section.
5. Cause any person to circulate or publish a statement, advertisement or notice that such owner or other person intends to sell or lease any dwelling or housing in a manner that is unlawful under this section, or to consent thereto.
6. Post or erect, or cause any person to post or erect, any sign or notice upon any dwelling or housing indicating an intent to sell or lease any dwelling or housing in a manner that is unlawful under this section.
B. Exemptions: This section shall not apply to the rental of any room or dwelling unit in any owner occupied dwelling which consists of more than one but less than five (5) dwelling units. As used herein, the term "dwelling unit" means one or more rooms which are arranged, designed, or used as living quarters for one family or one individual. The term "owner" includes the spouse or any lineal descendant or ancestor of the owner or the owner's spouse. (Ord. 1996-2, 3-11-1996)
C. Limitations:
1. Nothing in this section shall require an owner to offer property to the public at large before selling or renting it, provided he complies with all other provisions of this section. Nor shall this section be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color, national origin, gender, creed, ancestry, physical or mental disability, marital status, age, military status, sexual orientation, pregnancy, unfavorable discharge from military service, familial status, or order of protection status. (Ord. 1996-2, 3-11-1996; amd. 2018 Code)
2. Nothing in this section shall require an owner to offer property for sale or lease or to show his property to any person if such person is not negotiating for the purchase or lease of such property in good faith.
3. Nothing herein shall require an owner to involuntarily put his property on the market for sale or lease, nor to negotiate with or show his property to any renter or purchaser, unless owner has first offered to sell or rent. (Ord. 1996-2, 3-11-1996)