For the purposes of this chapter the definitions set forth herein shall apply:
(a) "Discriminate" or "discrimination" means to render any difference in treatment to any person in the sale, lease, rental or financing of a dwelling or housing unit because of a person's race, color, creed, sex, age, marital status, religious belief, national origin, handicap or familial status.
(b) "Family" includes spouse, child, parent, grandparent, sibling, mother-in-law, father-in-law, stepparent, guardian, stepsibling, stepchild, son-in-law, daughter-in-law or grandchild.
(c) "Housing" includes any building, facility or structure or portion thereof which is used or occupied or is intended, arranged or designated to be used or occupied as the home, residence or sleeping place of one or more persons, groups or families and any vacant land offered for sale or lease for the construction or location thereof of such building, facility or structure.
(d) "Lending institution" means any bank, building and loan association, savings and loan association, insurance company, mortgage broker or other person whose business consists in whole or in part in the lending of money or guaranteeing loans.
(e) "Person" means one or more individuals, partnerships, corporations, companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers or fiduciaries.
(f) "Real estate agent" includes any real estate broker, real estate salesman or an agent thereof, or any other person, partnership, association or corporation who for consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property.
(g) "Handicap" means with respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment.
(4) "Physical or mental impairment" and "major life activities" are defined in accordance with federal regulations codified at 24 CFR Section 100.201 and subsequent amendments.
(5) Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct and immediate threat to the health or safety of other individuals.
(h) "Familial status" means one more individuals (who have not attained the age of eighteen years) being domiciled with:
(1) A parent or another person having legal custody or an allocation of parental rights and responsibilities of such a individual or individuals; or
(2) The designee of such parent or other persons having such custody with the written permission of such parent or other person.
(3) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of eighteen years.
(Ord. 17-1993. Passed 1-18-93.)
It shall be an unlawful housing practice and a violation of this chapter:
(a) For any person or real estate agent:
(1) To discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in housing;
(2) To discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of the housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease or rental;
(3) To include in the terms, conditions or privileges of any sale, lease, sublease, rental assignment or the transfer of any housing, any cause, condition or restriction discriminating against any person in the use or occupancy of such housing; or
(4) To discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy of any person of any housing covered by this chapter.
(b) For any lending institution:
(1) To discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making available funds for purchasing, constructing, improving, altering, repairing, rehabilitating or maintaining any housing or to discriminate in the fixing of the amount, interest rate, duration or other terms, conditions or provisions of any such financial assistance; or
(2) To discriminate in the lending of money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making funds available on the basis of geographic location and/or neighborhood composition.
(c) For any person, real estate agent or lending institution with respect to any prohibited act specified in this chapter, to publish, circulate or cause to be published or circulated, any notice, statement, listing or advertisement, or to announce a policy or to make any record in connection with the prospective sale, sublease, lease, rental or financing of any housing which indicates reliance, determination or decision based on race, color, creed, sex, age, marital status, religious belief, national origin, handicap or familial status.
(d) For any person or real estate agent to assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent endorsement or compliance with provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
(e) For any person, real estate agent or lending institution:
(1) To induce or attempt to induce the sale, transfer of interest or listing for sale, of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person of any particular race, color, creed, sex, age, marital status, religious belief, national origin, handicap or familial status by direct or indirect methods;
(2) To make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to race, color, creed, sex, age, marital status, religion, national origin, familial status or handicap of such block, neighborhood or area;
(3) To induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, creed, sex, age, marital status, religion, national origin, handicap or familial status in the block, neighborhood or area will or may result in:
A. The lowering of property values;
B. A change in the racial, color, religious, nationality 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; or
D. A decline in the quality of the schools serving the area.
(f) For any person or real estate agent to cause or coerce or attempt to cause or coerce retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter or prevent any person from complying with this chapter.
(g) To 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 or discriminate against a person in the terms or conditions of such access, membership or participation.
(h) To do any other thing or engage in conduct which would otherwise make unavailable equal housing opportunities.
(Ord. 17-1983. Passed 1-18-93.)
The acts prohibited by this chapter shall not apply to the following:
(a) The rental of housing accommodation in any building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of his family resides in one of the housing accommodations.
(b) The rental of a portion of the housing accommodation by the occupant thereof, or by the owner of the housing accommodation if he or a member of his family resides therein.
(c) Any religious or denominational institution or organization, or any charitable or educational organization, by or in connection with a religious organization of a bona fide private or fraternal organization, so as to prohibit such organization from giving preference to persons of the same religion or denomination, or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.
(d) Residential facilities licensed or approved by state or federal authorities in accordance with Ohio R.C. 3721.02, 3724.07, 5103.30, 5119.22 or 5123.19.
(e) The provisions of this chapter regarding familial status shall not apply to housing for the elderly, as provided in federal law.
(f) Compliance with federal law and regulations regarding physical access to housing for the handicapped shall constitute compliance with this chapter.
(Ord. 17-1993. Passed 1-18-93.)
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