CHAPTER 96: FAIR HOUSING PRACTICES
Section
   96.01   Definitions
   96.02   City policy
   96.03   Unlawful practices
   96.04   Discrimination in the sale or rental of housing
   96.05   Discrimination in the financing of housing
   96.06   Discrimination in the provision of brokerage services
   96.07   Exemption
   96.08   Administration
   96.09   Education and conciliation
   96.10   Enforcement
   96.11   Investigations; subpoenas; giving of evidence
   96.12   Enforcement by private persons
   96.13   Interference, coercion or intimidation
   96.14   Prevention of intimidation in fair housing cases
 
   96.99   Penalty
§ 96.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 96.04, 96.05 or 96.06.
   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.
   FAMILY. Includes a single individual.
   PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the occupant.
(Ord. 3-95, passed 3-6-1995)
§ 96.02 CITY POLICY.
   It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city.
(Ord. 3-95, passed 3-6-1995)
§ 96.03 UNLAWFUL PRACTICES.
   (A)   Subject to the provisions of division (B) of this section and § 96.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to all dwellings except as exempted by division (B) of this section.
   (B)   Nothing in § 96.04 shall apply to any single-family house sold or rented by an owner:
      (1)   Provided that the private individual owner does not own more than three single-family houses at any one time;
      (2)   Provided further, in the case of the sale of any single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this division (B) shall apply only with respect to one sale within any 24-month period;
      (3)   Provided further, that the bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time; and
      (4)   Provided further, that the sale or rental of any single-family house shall be excepted from the application of this chapter only if the house is sold or rented:
         (a)   Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent, salesman or person and without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of § 96.04(C), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; or
         (b)   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.
   (C)   For the purposes of division (B) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
      (1)   He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
      (2)   He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
      (3)   He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 3-95, passed 3-6-1995)
§ 96.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 96.03, and except as exempted by §§ 96.03(B) and 96.07, it shall be unlawful to:
   (A)   Refuse to sell or rent after the making of a bona fide offer, or to 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, familial status or disability status;
   (B)   Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, familial status or disability status;
   (C)   Make print, or 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, familial status or disability status, or an intention to make any preference, limitation or discrimination; or
   (D)   Represent to any person because of race, color, religion, sex, national origin, familial status, or disability status that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
(Ord. 3-95, passed 3-6-1995) Penalty, see § 96.99
§ 96.05 DISCRIMINATION IN THE FINANCING OF HOUSING.
   It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration or other terms or conditions of any loan or other financial assistance, because of the race, color, religion or national origin of the person or of any person associated with him or her in connection with the loan or other financial assistance or the purposes of the loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given; provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 96.03(B).
(Ord. 3-95, passed 3-6-1995)
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