(a) It shall be an unlawful discriminatory practice for any person to engage in any of the following acts wholly or partially:
(1) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any real estate transaction based on sexual orientation and gender identity or expression;
(2) To discriminate by imposing less preferential terms on a real estate transaction based on sexual orientation and gender identity or expression;
(3) To represent falsely that an interest in real estate is not available for a real estate transaction because of sexual orientation and gender identity or expression;
(4) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or restriction based on sexual orientation and gender identity or expression;
(5) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's financial ability to engage in a real estate transaction based on sexual orientation and gender identity or expression;
(6) For a property manager to discriminate by refusing to provide equal treatment of, or services to, occupants of any real estate which the property manager manages based on sexual orientation and gender identity or expression;
(7) To make, print or publish, or cause to be made, printed or published any discriminatory notice, statement, or advertisement with respect to a real estate transaction or proposed real estate transaction, or financing relating thereto based on sexual orientation and gender identity or expression;
(8) To discriminate in any financial transaction involving real estate, on account of the location of the real estate, be it residential or non-residential (commonly known as "red-lining"), based on sexual orientation and gender identity or expression;
(9) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an employee of any of these, or any other person, for the purposes of inducing a real estate transaction from which such person may benefit financially to represent that a change has occurred or will or may occur in the composition with respect to sexual orientation and gender identity or expression of the owners or occupants in the block, neighborhood or area in which the real property is located or to represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area in which the real property is located (commonly known as "block-busting");
(10) For any person to discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this chapter, or because that person has made a charge, testified, assisted, or participated in any manner, in any investigation, proceeding, or hearing under the provisions of this chapter; and
(11) Notwithstanding the provisions of division (a)(1) through (10) of this section, it shall not be an unlawful discriminatory practice for an owner, lessor, or renter to refuse to rent, lease, or sublease a portion of a single family dwelling unit to a person as a tenant, roomer, or boarder where it is anticipated that the owner, lessor, or renter will be occupying any portion of the single-family dwelling.
(b) Exemptions.
(1) Unless otherwise provided by law, nothing in this section shall bar any religious or denominational corporation, institution, association or organization, or any nonprofit charitable or educational organization that is operated, supervised, or controlled by or in connection with a religious or denominational corporation, institution, association or organization, from limiting the sale, rental, or occupancy of housing accommodations that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference in the sale, rental, or occupancy of such housing accommodations to persons of the same religion.
(2) Unless otherwise provided by law, nothing in this section shall bar any bona fide private or fraternal organization that, incidental to its primary purpose, owns or operates lodgings for a non-commercial purpose, from limiting the rental or occupancy for the lodgings to its members or from giving preference to its members.
(3) Nothing in this section shall be interpreted to infringe upon or otherwise interfere with any rights protected by the Free Exercise Clause of the First Amendment to the United States Constitution or the Religious Freedom Restoration Act, codified at 42 U.S.C. §§2000bb, et seq, or its successor provisions, if applicable.
(Ord. 112-19. Passed 7-8-19.)