CHAPTER 112: FAIR HOUSING
Section
   112.01   Purpose
   112.02   Definitions
   112.03   Unlawful acts
   112.04   Transaction related to residential real estate; discriminatory practices prohibited
   112.05   Multiple listing service; other service; discriminatory practices prohibited
   112.06   Religious organization, private home, private club, or housing for older persons; restricting use not prohibited
   112.07   Information
§ 112.01 PURPOSE.
   The purpose of this chapter is to promote the general welfare of the residents of the city, by endorsing the provisions of the Nebraska Fair Housing Act, Neb. RS 20-301 through 20-344, to the effect that there shall be discrimination in the city, in the acquisition, ownership, possession, or enjoyment of housing in accordance with Article I, Section 25, of the Nebraska Constitution.
(Ord. 585, passed 9-3-1996)
§ 112.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGGRIEVED PERSON. Any person who claims to have been injured by a discriminatory housing practice; or believes that he or she will be injured by a discriminatory housing practice that is about to occur.
   COMMISSION. The Nebraska Equal Opportunity Commission.
   DWELLING. Any building, structure, or portion thereof which is occupied as or designed or tended for occupancy as a residence for one or more families, and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure, or portion thereof.
   FAMILIAL STATUS. One or more minors being domiciled with a parent or another person having legal custody of such individual; or the designee of a parent or other person having legal custody, with written permission of the parent or other person.
   HANDICAP. With respect to a person, a physical or mental impairment, excluding the current illegal use of or addition to a controlled substance as defined in section Neb. RS 28-401, which substantially limits one or more of such person’s major life activities; or a record of having such an impairment, or being regarded as having such in impairment.
   RENT. Lease, sublease, let, and otherwise grant for consideration the right to occupy premises not owned by the occupant.
   RESTRICTIVE COVENANT. Any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status, or ancestry.
(Ord. 585, passed 9-3-1996)
§ 112.03 UNLAWFUL ACTS.
   (A)   (1)   Except as exempted by § 112.01 of this chapter, it shall be unlawful to:
         (a)    Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit an offer for a dwelling to any person because of race, color, religion, national origin, familial status, or sex;
         (b)   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, national origin, familial status, or sex;
         (c)   Make, print, publish, or cause to be made, printed, or published any 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, national origin, handicap, familial status, or sex or an intention to make any such preference, limitation, or discrimination;
         (d)   Represent to any person because of race, color, religion, national origin, handicap, familial status, or sex that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
         (e)   Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, handicap, familial status, or sex of a person seeking to purchase, rent, or lease any housing;
         (f)   Include in any transfer, sale, rental, or lease of housing any restrictive covenants, or honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing;
         (g)   Discharge or demote an employee or agent or discriminate in the compensation of such employee or agent because of such employee’s compliance with this chapter or the Nebraska Fair Housing Act, being Neb. RS 20-301 to 20-344; and
         (h)   Induce or attempt to induce, for profit, 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, national origin, handicap, familial status, or sex.
      (2)   The protection afforded against discrimination on the basis of familial status shall apply to any person who is regnant or is in the process of securing legal custody of any minor.
   (B)   (1)   Except as exempted by § 112.01 if this chapter, it shall be unlawful to:
         (a)   Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
            1.   The buyer or renter;
            2.   Any person associates with the buyer or renter; or
            3.   A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available.
         (b)   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 with a dwelling because of a handicap of:
            1.   Such person;
            2.   Any person associates with such person; or
            3.   A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available.
      (2)   For purposes of this section, discrimination shall include:
         (a)   A refusal to permit, at the expense of the handicapped person, reasonable modification of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of rental, the landlord may, when 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 modification, or reasonable wear and tear excepted;
         (b)   A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the handicapped person equal opportunity to use or enjoy a dwelling; and
         (c)   In connection with the design and construction of covered multi-family dwellings for first occupancy after September 1, 1991, a failure to design and construct me dwellings in such a manner that:
            1.   The public use and common use portions of the dwelling are readily accessible to and usable by handicapped persons;
            2.   All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
            3.   All premises within the 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; and
               c.   Kitchens and bathrooms such mat a handicapped person in a wheelchair can maneuver about the space.
      (3)   Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ICC A117.1-2017, shall satisfy the requirements of division (B)(2)(c)3. above.
      (4)   For purposes of this section, COVERED MULTI-FAMILY DWELLINGS shall mean:
         (a)   Buildings consisting of four or more units if such buildings have one or more elevators; and
         (b)   Ground floor units in other buildings consisting of four or more units.
      (5)   Nothing in this section shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(Ord. 585, passed 9-3-1996) Penalty, see § 10.99
§ 112.04 TRANSACTION RELATED TO RESIDENTIAL REAL ESTATE; DISCRIMINATORY PRACTICES PROHIBITED.
   (A)   It shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction because of race, color, religion, sex, handicap, familial status, or national origin.
   (B)   For purposes of this section, TRANSACTION RELATED TO RESIDENTIAL REAL ESTATE shall mean any of the following:
      (1)   The making or purchasing of loans or providing other financial assistance;
         (a)   For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
         (b)   Secured by residential real estate.
      (2)   The selling, brokering, or appraising of residential real property.
   (C)   Nothing in this section shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, handicap, familial status, or sex.
(Ord. 585, passed 9-3-1996) Penalty, see § 10.99
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