It shall be unlawful to:
(a) Discriminatory Terms. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection
therewith, because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(b) Refusal to Negotiate or Deal. Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(c) Withholding Dwellings. Represent to any person, because of said person's race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(d) Advertisements, Signs, Notices. Make, print, circulate, or publish, or cause to be made, printed or published, any written or oral notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap, or an intention to make such preference, limitation, or discrimination.
Discriminatory notices, statements and advertisements shall include, but are not limited to:
(1) Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons because of said persons' race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(2) Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap of such purchaser or renter.
(3) Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(4) Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(e) Representation. For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(f) Lending. Discriminate in connection with borrowing or lending money, guaranteeing loans, accepting mortgages, or otherwise financing a real estate transaction on the grounds of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(g) Lending Terms. Delay the processing or denying a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate in the fixing of that amount, interest rate duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap of such person.
(h) Appraising/Insurance. Discriminate in appraising the value of real estate or in the sale of insurance in connection with a real estate transaction because of the race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap of the person.
(i) Varying Rents/Sale Price. Impose different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(j) Qualification Criteria. Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(k) Eviction. Evict tenants because of their, or their guest's, race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(l) Blockbusting. Induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
Prohibited actions under this subsection shall include, but are not limited to:
(1) Engaging for profit in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap of persons residing in it, in order to encourage persons to offer a dwelling for sale or rental.
(2) Encouraging for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.
(m) Listings. Enter into a listing agreement which discriminates against any person because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(n) Multiple-Listing Service. 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 dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation on account of
said person's race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(o) Steering (Restriction of Choice). Restrict or attempt to restrict, because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap the choices of a person by work or conduct in connection with seeking, negotiations for, buying or renting a dwelling or to discourage or obstruct choices in a community, neighborhood, or development.
Prohibited actions under this subsection, which are generally referred to as unlawful steering practices, shall include, but are not limited to:
(1) Discouraging any person from inspecting, purchasing or renting a dwelling because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap, or because of the race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap of persons in a community, neighborhood, or development.
(2) Discouraging the purchase or rental of a dwelling because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood or development.
(3) Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(4) Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(p) Participation. Act or undertake to act as a real estate broker, salesman, or agent with respect to any dwelling, the disposition of which requires said person to participate in discrimination.
(q) Restrictions. Perform any act of discrimination with the intention or effect of restricting or limiting the housing choice of any person.
(r) Aid and Abet. Aid or abet acts performed in violation of this chapter.
(s) Interference, Coercion, or Intimidation. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of, said person having exercised or enjoyed, or on account of said person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.
(t) Solicitation. Solicit any owner to sell or rent or list residential property at any time after such person has notice that such owner does not desire to sell, rent, or list such residential property. For the purposes of this subsection, notice must be provided as follows:
(1) The notice may be given by the owner personally or by a third party in the owner's name, either in the form of an individual notice or a list, provided it complies with subsection (t)(2) of this Section.
(2) Such notice shall be explicit as to whether each owner on the notice seeks to avoid both solicitation for listing and sale, or only for listing, or only for sale, as well as the period of time for which any avoidance is desired. The notice shall be dated and either of the following shall apply:
A. Each owner shall have signed the notice; or
B. The person or entity preparing the notice shall provide an accompanying affidavit to the effect that all the names on the notice are, in fact, genuine as to the identity of the persons listed and that such persons have requested not to be solicited as indicated.
(3) The individual notice or notice in the form of a list with the accompanying affidavit shall be served personally or by certified or registered mail, return receipt requested.
(u) Unit Modification. Refuse to permit, at the expense of the physically or mentally handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear expected.
(v) Rules and Policies. Refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person equal opportunity to use and enjoyment of the dwelling.
(w) New Construction. Failure to design and construct covered multi-family dwellings constructed after March 21, 2003 in such a manner that:
(1) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(2) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(3) All premises within such dwellings contain the following features of adaptive design:
(A) An accessible route into and through the dwelling;
(B) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(C) Reinforcements in bathroom walls to allow later installation of grab bars; and
(D) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(x) Guide/Support Dogs. Refusal to sell or rent a dwelling because a person has a guide, hearing or support dog. Prohibited actions under this subsection shall include, but are not limited to:
(1) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or to otherwise make unavailable or deny property to any blind, hearing-impaired or physically handicapped person because he has a guide, hearing or support dog; or
(2) Discriminate against any blind, hearing-impaired, or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or
(3) Require, because a blind, hearing-impaired or physically handicapped person has a guide, hearing or support dog, an extra charge in a lease, rental agreement or contract of purchase or sale, other than for actual damage done to the premises by the dog.
(y) Prohibited Acts - Financial. For any financial institution, based on unlawful discrimination to:
(1) Deny any person any of the services normally offered by such an institution.
(2) Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated.
(3) Deny or vary the terms of a loan.
(4) Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area.
(5) Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan.
(6) Utilize lending standards that have no economic basis.
(7) Refuse to purchase or impose different terms or conditions on loans or other debts or securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate.
(Ord. 2003-11. Passed 3-10-03.)