It shall be an unlawful housing practice for any agent, owner or person to:
(a) 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, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status, national origin, sexual orientation or gender identity or expression of any prospective owner, occupant or user of the housing;
(b) 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, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status national origin, sexual orientation, or gender identity or expression of any prospective owner, occupant or user of the housing;
(c) Refuse to lend money, whether or not secured by 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, military status, sexual orientation, gender identity or expression, ancestry, disability, familial 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 or incident to his/her principal business and not only as part of the purchase price of an owner- occupied residence he/she is selling nor merely casually or occasionally to a relative or friend;
(d) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing 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 homeowners insurance, because of the race, color, religion, sex, military status, sexual orientation, gender identity or expression, ancestry, disability, familial 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;
(e) 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 or rehabilitation, repair or maintenance of housing because of race, color, religion, sex, military status, sexual orientation, gender identity or expression, ancestry, disability, familial 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;
(f) 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;
(g) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing or 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, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status or national origin, or an intention to make any such preference, limitation, specification or discrimination.
(h) Except as otherwise provided herein, 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, sexual orientation, gender identity or expression, ancestry, disability, 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; any person may make inquiries, and make and keep records concerning race, color, religion, sex, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status or national origin for the purpose of monitoring compliance with this chapter.
(i) 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, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status or national origin, in the area will or may have results such as the following:
(1) The lowering of property values;
(2) A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located;
(3) An increase in criminal or antisocial behavior in the area;
(4) A decline in the quality of the schools serving the area.
(j) 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 to discriminate against any person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, military status, sexual orientation, gender identity or expression, ancestry, disability, familial status or national origin, ;
(k) 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;
(l) 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;
(m) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from any person because of the race, color, sex, military status, sexual orientation gender identity or expression, age, ancestry, disability, familial status or national origin of any prospective owner or user of such lot.
(n) For any person to discriminate in any manner against any other person because that person has opposed any unlawful housing 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 this chapter.
(o) For any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful housing practice, or to obstruct or prevent any person from complying with this section or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.
(p) Nothing set forth herein shall bar any religious or denominational institution or organization, or any nonprofit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings 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 a dwelling or persons of the same religion, unless membership in the religion is restricted on account of race, color or national origin. Further, nothing in this section shall bar any bona fide private or fraternal organization which, incidental to its primary purpose, owns or operates lodging for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.
(q) Nothing in this section shall be construed to require any person selling or renting property to modify such property in any way or to exercise a higher degree of care for a person having a handicap, nor shall it be construed to relieve any handicapped person of any obligation generally imposed on all persons regardless of disability in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations of the lease, agreement or contract.
(Ord. 17-50 AC CMS. Passed 10-16-17.)