It shall be deemed an unlawful housing practice to discriminate in housing against any person based upon race, color, religion, national origin, sex, age (40 years or older), disability, sexual orientation, gender identity or familial status in violation hereof.
(A) It shall be deemed an unlawful housing practice:
(1) To refuse to sell, purchase, exchange, rent or lease, or otherwise deny or withhold housing accommodation;
(2) To discriminate in terms, conditions or privileges of the sale, purchase, exchange, rental or lease of housing accommodations or in the furnishing of facilities or services in connection therewith;
(3) To refuse to receive, transmit or negotiate a bona fide offer to sell, purchase, exchange, rent or lease housing accommodation;
(4) To represent to a person that a housing accommodation in unavailable for inspection, sale, purchase, exchange, rental or lease when it is, in fact, available; or
(5) To deny access to or withhold a housing accommodation.
(B) It shall also be deemed an unlawful practice for a bank, building and loan association, lending institution, insurance company or any other such business, firm, association, enterprise or corporate entity whose business is involved in whole, or in part, in the making of residential real estate loans to deny to loan or provide other financial assistance to any person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or, to discriminate in the approval, amount fixing, interest rate, duration or other terms or conditions of the loan or other financial assistance because of the person's or any other person associated with him or her (such as a co-signer) in connection with the loan or seeking such financial assistance because of his/ her/their race, color, religion, national origin, sex, age (40 years or older), disability, sexual orientation, gender identity or familial status.
(C) The following exemptions shall apply:
(1) The rental or lease of any housing accommodation in a building containing not more than two families living independently of each other if the owner or a member of his or her family resides in one of the housing accommodations;
(2) The rental or lease of a portion of a housing accommodation by the occupant of the housing accommodation, or by the owner thereof if he or she or a member of his or her family resides therein;
(3) To a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association, society, to the extent that such limits or gives preference in sale, lease, rental, assignment or sublease or real property to persons of the same religion, or makes a selection of buyers, tenants, lessees, assignees or sublessees that is calculated by such religious corporation, association or society to promote the religious principles for which it is established or maintained;
(4) To the private sale by a private homeowner who disposes of his or her real property without the aid of any real estate operator, broker or salesperson, and without advertising or public display; or
(5) To a real estate operator to require him or her to negotiate with any person who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(D) Nothing herein requires that a dwelling be made available to any person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the owner's property or the property of others.
(E) Nothing herein shall prohibit conduct against a person who has been convicted of the illegal manufacture, use, sale or distribution of a controlled substance.
(Ord. O-2020-005, passed 3-10-2020)