(A) Under this section, a discriminatory act is committed because of familial status if the act is committed because a person who is the subject of discrimination is:
(1) Pregnant;
(2) Domiciled with an individual younger than 18 years of age in regard to whom the person:
(a) Is the parent or legal custodian; or
(b) Has the written permission of the parent or legal custodian for domicile with that person; or
(c) In the process of obtaining legal custody of an individual younger than 18 years of age.
(B) Discrimination in connection with sale or rental of dwellings prohibited; exception as to persons convicted of illegal manufacture or distribution of controlled substance.
(1) A person may not refuse to sell or to rent after the making of a bonafide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(2) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection therewith, because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(3) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
(C) Notices, statements, or advertising. A person may not make, print, publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age, or an intention to make such a preference, limitation, or discrimination.
(D) Representations regarding availability of dwelling for inspections. A person may not represent to any person because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age that a dwelling is not available for inspection, for sale, or rental when such dwelling is so available.
(E) Representations regarding entry of certain persons into neighborhood. A person may not, for profit, induce or attempt to induce a person to sell or rent any dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(F) Disabled persons.
(1) A person may not discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(c) Any person associated with the buyer or renter.
(2) A person may not discriminate against any person in the terms, conditions, or privileges of sale or rectal of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:
(a) That person; or
(b) A person residing in or intending to reside in that dwelling after the dwelling is so sold, rented or made available; or
(c) Any person associated with the person.
(3) For the purpose of this subsection only, discrimination includes the following:
(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if the modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling.
(c) In connection with the design and construction of covered family multifamily dwellings for first occupancy after March 13, 1991 a failure to design and construct those dwellings in a manner that:
1. The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;
2. All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and
3. All premises within such dwellings contain the following features of adaptive design:
a. At least one building entrance shall be on an accessible route unless it is impractical to do so as provided at section 100.205 of the Department's regulations.
b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installations of grab bars; and
d. Usable kitchens and bathrooms so, that an individual in a wheelchair can maneuver about the space.
(4) As used in subdivision (3), "covered multifamily dwellings" means:
(a) Buildings consisting of four or more units if the buildings have one or more elevators; and
(b) Ground floor units in other buildings consisting of four or more units.
(5) Compliance with the rules of the Fire Prevention and Building Safety Commission that incorporate by reference the appropriate requirements of the American National standard for buildings and facilities providing accessibility and usability for physically disabled people (ANSI A117.1) satisfies the requirements of subdivision (3) (a) 3.
(6) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(G) Loans or financial assistance.
(1) As used in this section, "residential real estate related transaction" means:
(a) Making or purchasing loans or providing other financial assistance:
1. To purchase, construct, improve, repair, or maintain a dwelling; or
2. To secure residential real estate.
(b) Selling, brokering, or appraising residential real property.
(2) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms of conditions of a real estate related transaction because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(H) Brokers' organization, services or facilities. A person may not deny any person access to, or membership participation in, a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership or participation in such an organization, service, or facility because of race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(I) Coercion, intimidation, threats or interference. A person may not coerce, intimidate, threaten, or interfere with any other person:
(1) In the exercise or enjoyment of any right granted or protected by this section; or
(2) Because the person has exercised or enjoyed, or has encouraged or aided another person in the exercise or enjoyment of any right granted or protected by this section.
(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6829, passed 6-27-15) Penalty, see § 151.99