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CHAPTER 626: FAIR HOUSING
Section
626.01   Definitions.
626.02   Applicability of chapter.
626.03   Discrimination in sale or rental of dwellings prohibited.
626.04   Discrimination in lending prohibited.
626.05   Discrimination in listing prohibited.
626.055   Intimidation in connection with housing; burial lots; modifications to accommodate disabled persons.
626.06   Exemption.
626.07   Procedure for complaints.
CROSS REFERENCES
   Unlawful discriminatory practices - see Ohio R.C. 4112.02
   Ohio Civil Rights Commission - see Ohio R.C. 4112.03 et seq.
   Organizational criminal liability - see GEN. OFF. 606.03 
   Personal accountability for organizational conduct - see GEN. OFF. 606.09 
   Interfering with civil rights - see GEN. OFF. 606.20 
   Ethnic intimidation - see GEN. OFF. 636.21 
   Organizational penalties - see GEN. OFF. 693.04
§ 626.01 DEFINITIONS.
   As used in this chapter:
   (a)   AGE. At least 40 years old.
   (b)   AGGRIEVED PERSON. Includes both of the following:
      (1)   Any person who claims to have been injured by any unlawful discriminatory practice as described in Chapter 626 of the codified ordinances.
      (2)   Any person who believes that the person will be injured by any unlawful discriminatory practice described in Chapter 626 of the codified ordinances that is about to occur.
   (c)   BURIAL LOT. Means any lot for the burial of deceased persons within any public burial ground or cemetery, including, but not limited to, cemeteries owned and operated by municipal corporations or companies or associations incorporated for cemetery purposes.
   (d)   COMMON USE AREAS. Means rooms, spaces or elements inside or outside a building that are made available for the use of residents of the building or their guests, and includes, but is not limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.
   (e)   CONTROLLED SUBSTANCE. Has the same meaning as in Ohio R.C. 3719.01.
   (f)   DISABILITY. Means a physical or mental impairment that substantially limits one or more major life activities, including the function of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.
   (g)   DISABLED TENANT. Means a tenant or prospective tenant who is a person with a disability.
   (h)   DISCRIMINATE. Includes segregate or separate.
   (i)   DWELLING UNIT. Means a single unit of residence for a family of one or more persons.
   (j)   FAMILIAL STATUS. One or more individuals (who have not attained the age of 18 years) being domiciled with either of the following:
      (1)   A parent or another person having legal custody of such individual or individuals; or
      (2)   The designee of such parent or other person having such custody, with the written permission of such parent or other person; or
      (3)   Any person who is pregnant or in the process of securing legal custody of any individual who is under 18 years of age.
   (k)   (1)   HOUSING ACCOMMODATIONS. Includes 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 any vacant land offered for sale or lease.
      (2)   The term HOUSING ACCOMMODATIONS also includes any housing accommodations held or offered for sale or rent by a real estate broker, salesman or agent, or by any other person pursuant to the authorization of the owner, by the owner or by such person’s legal representative.
   (l)   MILITARY STATUS. Means a person’s status in "service in the uniformed services" as defined in Ohio R.C. 5923.05.
   (m)   PERSON. Includes one or more individuals, corporations, partnerships, associations, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. The term PERSON also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution and the City, or any political subdivision operating within the City and any respective authorities, agencies, boards or commissions thereof.
   (n)   (1)   Except as provided in (n)(2) of this section, PHYSICAL OR MENTAL IMPAIRMENT includes any of the following:
         A.   Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;
         B.   Any mental or psychological disorder, including, but not limited to, mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
         C.   Diseases and conditions, including but not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction and alcoholism.
      (2)   PHYSICAL OR MENTAL IMPAIRMENT does not include any of the following:
         A.   Homosexuality and bisexuality;
         B.   Transvestism/transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
         C.   Compulsive gambling, kleptomania, or pyromania;
         D.   Psychoactive substance use disorders resulting from the current illegal use of a controlled substance or the current use of alcoholic beverages.
   (o)   PUBLIC USE AREAS. Means interior or exterior rooms or spaces of a privately or publicly owned building that are made available to the general public.
   (p)   RESTRICTIVE COVENANT. Means any specification limiting the transfer, rental, lease, or other use of any housing accommodations because of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, sex, military status, familial status, national origin, disability, or ancestry as a condition of affiliation or approval.
   (q)   SEX OR ON THE BASIS OF SEX. Includes, but is not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth or related medical conditions.
   (r)   UNLAWFUL DISCRIMINATORY PRACTICE. Any act prohibited and therefore unlawful under §§ 626.03, 626.04, 626.05 or 626.055.
(Ord. 093-37, passed 4-20-1993; Am. Ord. O2010-83, passed 12-7-2010)
§ 626.02 APPLICABILITY OF CHAPTER.
   The provisions of this chapter shall apply to all dwellings in the City.
(Ord. 077-121, passed 8-16-1977; Am. Ord. O2010-83, passed 12-7-2010)
§ 626.03 DISCRIMINATION IN SALE OR RENTAL OF DWELLINGS PROHIBITED.
   (a)   No person shall do any of the following, which shall be deemed to be unlawful discriminatory practices:
      (1)   Refuse to sell, transfer, assign, rent, lease, sublease, finance housing accommodations, or otherwise deny or make unavailable housing accommodations from any person because of the race, color, religion, age, sex, ancestry, physical or mental impairment, military status disability, familial status or national origin of any prospective owner, occupant or user of such housing;
      (2)   Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing accommodations, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing accommodations, including the sale of fire, extended coverage or home owners insurance, because of the race, color, religion, sex, physical or mental impairment, disability, military status, ancestry, familial status or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located;
      (3)   Print, publish or circulate any statement or advertisement, or make or cause to be made any statement or advertisement, relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing accommodations, or relating to 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, ancestry, physical or mental impairment, military status, disability familial status or national origin or an intention to make any such preference, limitation, specification, or discrimination;
      (4)   Represent to any person, because of race, color, religion, sex, ancestry, familial status, physical or mental impairment, military status, disability or national origin, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available;
      (5)   Induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual, military status, familial status, disability, 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, a housing accommodations listing, sale or transaction by representing that the presence or anticipated presence of persons of any race, color, religion, sex, military status, disability, ancestry, familial status or national origin in the area will result in, 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; or
         D.   A decline in the quality of the schools serving the area.
   (b)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.
(Ord. 093-37, passed 4-20-1993; Am. Ord. O2010-83, passed 12-7-2010)
§ 626.04 DISCRIMINATION IN LENDING PROHIBITED.
   (a)   No person shall do any of the following, which shall be deemed unlawful discriminatory practices:
      (1)   Discriminate against any person in the making or purchasing of loans or the provision of other financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations, or in the making or purchasing of loans or the provision of other financial assistance that is secured by residential real estate, because of the race, color, religion, sex, ancestry, military status, familial status, disability, or national origin or because of the racial composition of the neighborhood in which housing accommodations are located; provided that any present or prospective owner, occupant or user of such housing, whether an individual, corporation or association of any type, lends money as one of the principal aspects of a business or incident to the person’s principal business and not only as part of the purchase of an owner-occupied residence that person is selling and not merely casually or occasionally to a relative or friend.
      (2)   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 accommodations, because of the race, color, religion, sex, military status, disability, ancestry, familial status or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located.
      (3)   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, military status, disability, ancestry, familial status or national origin 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 accommodations. Any person may make inquiries and make and keep records, concerning race, color, religion, sex, military status, familial status, ancestry, disability or national origin for the purpose of monitoring compliance with this section.
      (4)   Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member of a married couple.
   (b)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.
(Ord. 093-37, passed 4-20-1993; Am. Ord. O2010-83, passed 12-7-2010)
§ 626.05 DISCRIMINATION IN LISTING PROHIBITED.
   (a)   No person shall 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 discriminate against any person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, military status, disability, national origin, familial status or ancestry.
   (b)   Whoever violates any of the provisions of this section is guilty of an unlawful discriminatory practice, a misdemeanor of the third degree.
(Ord. 093-37, passed 4-20-1993; Am. Ord. O2010-83, passed 12-7-2010)
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