515.02 UNLAWFUL DISCRIMINATORY PRACTICES.

   (a)    It shall be an unlawful discriminatory practice for any person to:

      (1)    Fail or refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold housing accommodations from any person because of race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry of a prospective owner, occupant or user of such housing;

      (2)    Represent to any person, because of race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry of any prospective owner, occupant or user of such housing, that housing is not available for inspection, sale, transfer, assignment, rental, lease or sublease, when in fact it is available;

      (3)    Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing or otherwise withhold financing of housing from any person or to discriminate against any person in fixing the amount, interest rate, duration or other terms or conditions of a loan or other financial assistance because of the race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry of any present or prospective owner, occupant or user of such housing, provided such person, whether an individual, corporation or association of any type, lends money as one of the principal aspects or incident to his principal business and not as part of the purchase price of an owner-occupied residence he is selling not merely casually or occasionally to a relative or friend;

      (4)    Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing because of the race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry of any present or prospective owner, occupant or user of such housing;

      (5)    Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing because of the race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry of any present or prospective owner, occupant or user of such housing;

      (6)    Print, circulate, advertise or publish any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry;

      (7)    Make any inquiry, elicit any information, make or keep any record or use any form of application containing questions or entries concerning race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing;

      (8)    Include in any transfer, repair or lease of housing any restrictive covenant, or honor or exercise, or attempt to honor or exercise any restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision, unless such restrictive covenant is in violation with this chapter;

      (9)    Induce or solicit or attempt to induce or solicit a housing listing, sale or transaction, or discourage or attempt to discourage same, by representing directly or indirectly that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry in the area will or may have results such as the following:

         A.    The lowering of property values;

         B.   A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;

         C.    An increase in criminal or antisocial behavior in the area;

      (10)    Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting housing accommodations, or to discriminate against any person in the terms or conditions of such access, membership or participation, on the basis of such person's race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry;

      (11)    Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter;

      (12)    Whether or not acting under color of law, by force or threat of force willfully injure, intimidate or interfere with any person because of race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;

      (13)    Discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under Sections 515.01 to 515.08;

      (14)    Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with Section 515.01 to 515.08 or any order issued thereunder or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice;

      (15)    Utilize, apply or attempt to apply, or restrict or attempt to restrict, any lease, rental agreement or sale of any real property on account of a person's age, including that of children and/or due to a person's race, color, religion, sex, national origin, marital status, handicap, familial status or ancestry.

   (b)    Exemptions.

      (1)    The rental of a housing accommodation in any building which contains housing accommodations less than three families living independently of each other, if the owner or a member of the owner's family resides in one of the housing accommodations;

      (2)    The rental of a portion of a housing accommodations by the occupant thereof, or by the owner of the housing accommodation if the owner or a member of the owner's family resides therein. "Family" as used in this subsection (b)(2) hereof, shall mean spouse, child, parent, grandparent, brother or sister, mother-in-law or father-in-law;

      (3)    Any religious or denominational institution or organization, or any charitable or educational organization by or in connection with a religious organization, or any bona fide private or fraternal organization not in fact open to the public may provide lodging which it owns or operates for other than a commercial purpose and may limit the rental or occupancy of such lodgings to its members or give preference to its members unless membership in such religious or private or fraternal or charitable organization is restricted on the account of a person's race, color, sex, national origin, marital status, age, handicap, familial status or ancestry; or

      (4)    Where any building or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups or families whether or not living independently of each other and where such restructuring of the premises will cause or have the effect of causing a substantial hardship upon the owner to accommodate the premises to persons defined or known to be handicapped; unless such premise(s) are covered under the prohibitions of handicapped discrimination under federal and/or State law(s) or unless such discrimination is based on account of such person's race, color, religion, sex, national origin, marital status, age, familial status or ancestry.

         (Ord. 89-150. Passed 7-5-89.)