(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