561.03 UNLAWFUL HOUSING PRACTICES AS VIOLATIONS.
   It shall be an unlawful housing practice and a violation of this chapter:
   (a)   For any person or real estate agent to:
      (1)   Discriminate against any person in the selling, leasing, subleasing, renting, assigning or otherwise transferring of any interest in a housing unit.
      (2)   Discriminate against any person by refusing to negotiate, making false representations on the availability of the housing unit which is for sale, lease, sublease or rental.
      (3)   Include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing.
      (4)   Discriminate in the furnishing of any facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy by any person.
   (b)   For any lending institution to discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage or otherwise making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of any housing or discriminate in the fixing of the rates, terms, conditions or provisions of any such financial assistance.
   (c)   For any person or real estate agent, with respect to any prohibited act specified in this chapter to publish or circulate or cause to be published or circulated, any notice, statement, listing or advertisement or to announce a policy or to make any record in connection with the prospective sale, lease, sublease, rental or financing of any housing which indicates reliance, determination or decision based on race, color, creed, sex, marital status, age, religious belief, national origin, handicap or familial status.
   (d)   For any person or real estate agent to assist in, compel or coerce the doing of any act declared to be an unlawful housing practice under this chapter, or to obstruct or prevent enforcement or compliance with provisions of this chapter or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
   (e)   For any person or real estate agent to:
      (1)   Induce or attempt to induce the sale, transfer of interest or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used or occupied by any person of any particular race, color, creed, religious belief, national origin, age, handicap or familial status by direct or indirect methods.
      (2)   Make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality or ethnic composition of such block, neighborhood or area.
      (3)   Induce or attempt to induce the sale or listing of any housing by representing that the presence or anticipated presence of persons of any particular race, color, religious belief, or national origin in the area will or may result in:
         A.   The lowering of property values.
         B.   A change in racial, color, religious, nationality 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.
         D.   A decline in the quality of the schools serving the area.
   (f)   For any person or real estate agent to cause or coerce or to attempt to cause or coerce retaliation against any person because such person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way in any proceeding under this chapter.
   (g)   To 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 or to discriminate against a person in the terms or conditions of such access, membership or participation.
   (h)   To do other things or engage in conduct which would otherwise make unavailable equal housing opportunities.
   (i)   Exceptions.
      (1)   The provisions of this chapter regarding familial status shall not apply to housing for the elderly, as provided in federal law.
      (2)   The renting of rooms in a housing unit which is owner-occupied is exempted from the provisions of this chapter, provided that the housing unit is one in which the owner-occupier and any tenants utilize common bathroom and/or kitchen facilities, and where the tenant has no separate or private outside entrance.
      (3)   Residential facilities licensed or approved by state or federal authorities in accordance with Ohio R.C. 3721.02; 3724.01; 5103.30; 5119.22; or 5123.19 are exempted from the provisions of this chapter.
   (j)   In asserting an exception under the preceding subsection (i), the burden of proving the existence of the exception will be with the party who seeks to benefit from the exception.
(Ord. 85-93. Passed 11-15-93.)