Except as hereinafter exempted by § 150.089, it shall be unlawful for any owner or other person knowingly:
(A) To refuse to sell or rent, after the making of a bonafide 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 or national origin;
(B) To 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 or national origin;
(C) To make, print or publish, or cause to be made, printed or published, any notice, statements or advertisement, with respect to sale or rental of a dwelling, that indicates any preference, limitation or discrimination based on race, color, religion or national origin, or an intention to make any such preference, limitation or discrimination;
(D) To represent to any person because of race, color, religion or national origin, that any dwelling is not available for inspection, sale or rental, when such dwelling is in fact so available;
(E) For profit, to induce or attempt to induce any person to sell or rent any dwelling, by representations regarding the entry of prospective entry into the neighborhood of a person or persons of a particular race, color, religion or national origin;
(F) To discriminate or participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds, for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation in the city because of race, color, religion or national origin or ancestry;
(G) To refuse to show to any person, who has specified his or her needs, the list or other records identifying all properties reasonably meeting such needs, which the broker is offering, including those on any multiple listing of real estate to which he or she has access in the course of his or her business;
(H) To recommend, solicit or encourage, in any manner, any restrictions upon the listing, showing, sale, leasing or rental of property, knowingly, or lending money, or in any other activities relative to the financing for the acquisition, construction or improvement of real estate because of the race, color, religion, national origin or ancestry of the prospective occupant of the premises;
(I) To refuse to negotiate for, enter into or perform any sale or lease of any housing accommodation, because of the race, color, religion, national origin or ancestry of any member of the family of any such party, or of any person using or occupying or intending to use or occupy such housing accommodations, or of any person using or occupying any housing accommodations in the area in which such housing accommodation is located; and
(J) (1) Nothing in this section shall apply to:
(a) Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three such single-family houses in the city at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this division (J)(1) shall apply only with respect to one such sale within 24-month period; provided further, that such bonafide 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 such single-family houses at any one time. Further, that the sale or rental of any such single-family house shall be excepted from the application of this subchapter, only if such house is sold or rented 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 salesperson, 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 such broker, agent, salesperson or person and without the publication, posting or mailing, of any advertisement or written notice in violation of division (C) above; but nothing in this division (J)(1) 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 such living quarters as his or her residence.
(2) For the purpose of this division (J), a person shall be deemed to be in the business of selling or renting dwellings if:
(a) 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 interest therein;
(b) 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 services in two or more transactions, involving the sale or rental of any dwelling or any interest therein; or
(c) He or she is the owner of any dwelling, designed or intended for occupancy by, or occupied by, five or more families.
(Prior Code, § 9-51) (Ord. 94-11B, passed 4-21-1994) Penalty, see § 150.999