628.01 Definitions.
628.015 Purpose.
628.02 Unlawful discriminatory housing practices.
628.03 Real estate steering.
628.04 Intimidation in connectionwith housing.
628.05 Exceptions to chapter.
628.06 Fair Housing Review Board.
628.07 Injunctive relief.
628.08 Civil actions.
628.09 Other legal action.
628.10 Application of chapter.
CROSS REFERENCES
Ohio Civil Rights Commission - see Ohio R.C. Ch. 4112
As used in this chapter:
(a) "Chairperson" means the Chairperson of the Fair Housing Review Board, established pursuant to Section 628.06.
(b) "Discriminate" includes segregate or separate.
(c) "Fair Housing Review Board" means the board established by Section 628.06.
(d) “Familial status” means the status of one or more individuals: (1) who have not attained the age of eighteen years and who are domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such custody, with the written permission of such parent or other person; (2) any person who is pregnant or is in the process of securing legal custody of any individual who has not attainted the age of eighteen.
(e) “Disability” means a physical or mental impairment which substantially limits one or more of such person's major life activities, including the functions of caring for one’s self such as: performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working. “Disability” does not include current illegal use of, or addiction to, a controlled substance, as defined in 21 U.S.C. 802.
(f) “Housing accommodations” or “housing” 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; any vacant land offered for sale or lease; and any housing accommodations held or offered for sale or rent by a real estate broker, salesperson or agent, by any other person pursuant to authorization of the owner, by the owner or by such person's legal representative.
(g) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. “Person” also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, agent, employee or lending institution.
(Ord. 1988-176. Passed 10-3-88; Ord. 16-136. Passed 9-20-16.)
It is hereby declared to be the purpose of this chapter to provide, within constitutional limitations, fair housing throughout the City of North Royalton, to assure that all persons have full and equal opportunity to consider all available housing for themselves and their families within the City without discrimination based on race, color, religion, sex, familial status, ancestry, national origin, disability, military status, and to promote a stable, racially integrated community.
(Ord. 16-136. Passed 9-20-16.)
(a) It shall be an unlawful discriminatory housing practice for any person to:
(1) Refuse to sell, transfer, assign, rent, lease, sublease or finance housing accommodations; refuse to negotiate for the sale or rental of housing accommodations; or otherwise deny or make unavailable housing accommodations, because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of any prospective owner, occupant or user of the housing;
(2) Represent to any person that housing is not available for inspection, sale or rental, when in fact it is available, because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of any prospective owner, occupant or user of the housing;
(3) Refuse to lend money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing or otherwise withhold financing of housing from any person because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of any present or prospective owner, occupant or user of the housing, or because of the racial composition of the neighborhood in which the housing is located, provided that the person, whether an individual, corporation or association of any type, lends money as one of the principal aspects of or incident to his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she is selling nor 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 of any housing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing, including the sale of fire, extended coverage or homeowner's insurance, because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of any present or prospective owner, occupant or user of the housing, or because of the racial composition of the neighborhood in which the housing is located;
(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, because of the race, color, religion, sex, familial status, ancestry, disability, military status or national original of any present or prospective owner, occupant or user of the housing, or because of the racial composition of the neighborhood in which the housing is located;
(6) 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 thereof;
(7) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of housing or the loan of money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, which statement or advertisement indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, familial status, ancestry, disability, military status or national origin, or an intention to make any such preference, limitation, specification or discrimination;
(8) Except as otherwise provided in this paragraph, 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, familial status, ancestry, disability, military 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 a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing. Any person may make inquiries and make and keep records concerning race, color, religion, sex, familial status, ancestry, handicap or national origin for the purpose of monitoring compliance with this chapter.
(9) Include in any transfer, rental 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 paragraph;
(10) Induce or solicit, or attempt to induce or solicit, a housing listing, sale or transaction by representing 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, familial status, ancestry, disability, military status or national origin 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; or
D. A decline in the quality of the schools serving the area;
(11) 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, familial status, national origin, disability, military status or ancestry;
(12) 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 section;
(13) Discourage or attempt to discourage the purchase by a prospective purchaser of a housing unit, by representing that any block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area;
(14) 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 Ohio R.C. 4112.01 to 4112.07;
(15) Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory housing practice; obstruct or prevent any person from complying with Ohio R.C. 4112.01 to 4112.11, or any order issued thereunder; or attempt, directly or indirectly, to commit any act declared by this section to be an unlawful discriminatory housing practice; or
(16) Discriminate against any person in appraising the value of any housing in connection with its sale or rental because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of the person, or because of the racial composition of the neighborhood in which the housing is located.
(b) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second degree for a first offense and a misdemeanor of the first degree for a second or subsequent offense. Punishment shall be as provided in Section 698.02.
(Ord. 1988-176. Passed 10-3-88; Ord. 16-136. Passed 9-20-16.)
(a) No person who receives or expects to receive pecuniary gain from the sale or rental of housing accommodations shall:
(1) Influence or attempt to influence any other person who purports or represents himself or herself to be a prospective purchaser, occupant or tenant of housing accommodations to refrain from purchasing or renting housing accommodations by referring to race, color, sex, familial status, religion, national origin, disability, military status or ancestry of occupants or prospective occupants of other housing accommodations in the neighborhood;
(2) Influence or attempt to influence, by any word, act or failure to act, any person who purports or represents himself or herself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations, in connection with the sale or rental of housing accommodations, so as to promote or attempt to promote the continuance or maintenance of segregated housing or so as to retard, obstruct or discourage integrated housing on or in any street, block or neighborhood; or
(3) Discriminate against any person who purports or represents himself or herself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations, by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of housing accommodations or in the furnishing of information, services or facilities relative thereto, because of the race, color, religion, sex, familial status, ancestry, disability, military status or national origin of any person.
(b) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second degree for a first offense and a misdemeanor of the first degree for a second or subsequent offense. Punishment shall be as provided in Section 698.02.
(Ord. 1988-176. Passed 10-3-88; Ord. 16-136. Passed 9-20-16.)
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