622.01 Definitions.
622.02 Unlawful discriminatory housing practices.
622.03 Exemptions.
622.04 Prohibition against real estate steering.
622.05 Intimidation or interference in housing.
622.06 Legal remedies.
622.07 Application of chapter.
CROSS REFERENCES
Unlawful discriminatory practices - see Ohio R.C. 4112.02
Ohio Civil Rights Commission - see Ohio R.C. 4112.03 et seq.
Housing Council - see ADM. Ch. 162
Interfering with civil rights - see GEN. OFF. 606.20
Ethnic intimidation - see GEN. OFF. 636.20
Low rent housing - see BLDG. Ch. 1528
Housing administration policy - see PUB. HSG. Ch. 2102
As used in this chapter:
(a) “Housing,” “housing accommodation” or “dwelling” means any building, structure or portion thereof which is occupied as, or is designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
(b) “Person” means and includes one or more individuals, corporations for profit, corporations not for profit, limited partnerships, partnerships, joint ventures, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, receivers and fiduciaries.
(Ord. 142-88. Passed 6-20-88.)
(a) It shall be an unlawful discriminatory 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, ancestry, handicap 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, ancestry, handicap or national origin of any prospective owner, occupant or user of the housing;
(3) 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, ancestry, handicap 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 lends money as one of the principal aspects 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 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, ancestry, handicap 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 mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, because of the race, color, religion, sex, ancestry, handicap 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;
(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 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 statement or advertisement indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, ancestry, handicap or national origin, or an intention to make any such preference, limitation, specification or discrimination;
(8) Except as otherwise provided in this chapter, 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, ancestry, handicap 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, 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, ancestry, handicap 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, national origin, handicap 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 of 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, or 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, ancestry, handicap 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 fourth degree for a first offense and a misdemeanor of the third degree for each subsequent offense. The penalty shall be as provided in Section 698.02.
(Ord. 142-88. Passed 6-20-88.)
(a) Nothing in this chapter shall apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than two families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
(b) Nothing in this chapter shall apply to any single-family house sold or rented by an owner if such private individual owner does not own more than three single-family houses at any one time, provided that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period, and provided, further, that such house is sold or rented without the use in any manner of the sales or rental services or facilities of any real estate broker, agent or salesperson. However, nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(c) Nothing in this chapter 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 to persons of the same religion. Nothing in this chapter 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 lodging to its members or from giving preference to its members.
(d) Nothing in this chapter shall be construed to require any person selling or renting dwellings to modify such dwellings in any way or to exercise a higher degree of care for a person having a handicap, nor shall anything in this chapter be construed to relieve any handicapped person of any obligation generally imposed on all persons, regardless of handicap, 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. 142-88. Passed 6-20-88.)
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