§ 91.02 PROHIBITED ACTS; EXEMPTION; AGENCY NO DEFENSE.
   (A)   Unlawful housing practices. It is an unlawful practice for a real estate operator, or for a real estate broker, real estate salesman, or an individual employed by or acting on behalf of any of those:
      (1)   To refuse to sell, exchange, rent or lease or otherwise deny to or withhold real property from an individual because of his race, color, religion, sex, familial status, disability, or national origin;
      (2)   To discriminate against an individual because of his race, color, religion, sex, familial status, disability, or national origin in the terms, conditions, or privileges of the sale, exchange, rental or lease of real property or in the furnishing of facilities or services in connection therewith;
      (3)   To refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual because of his race, color, religion, sex, familial status, disability, or national origin;
      (4)   To refuse to negotiate for the sale, rental or lease of real property to an individual because of his race, color, religion, sex, familial status, disability, or national origin;
      (5)   To represent to an individual that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to refuse to permit an individual to inspect real property because of his race, color, religion sex, familial status, disability, or national origin;
      (6)   To print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement or sign, or to use a form of application for the purchase, rental or lease of real property, or to make a record of inquiry in connection with the prospective purchase, rental or lease of real property, which indicates directly or indirectly, a limitation, specification, or discrimination as to race, color, religion sex, familial status, disability, or national origin or an intent to make such a limitation, specification, or discrimination;
      (7)   To offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of facilities or services in connection therewith because of his race, color, religion, sex, familial status, disability, national origin; or
      (8)   To otherwise deny to or withhold real property from an individual because of his race, color, religion sex, familial status, disability, or national origin.
   (B)   Exemptions. Nothing in division (A) shall apply:
      (1)   To the rental of a housing accommodations in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of his family resides in one of the housing accommodations;
      (2)   To the rental of one room or one rooming unit in a member of his family resides therein;
      (3)   To a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association, or society, limits, or gives preferences in, the sale, lease, rental, assignment, or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained;
      (4)   To the private sale by a private individual homeowner who disposes of his property without the aid of any real estate operator, broker or salesman and without advertising or public display;
      (5)   To a real estate operator to require him to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
   (C)   Unlawful financial practices. It is an unlawful practice for a financial institution or an individual employed by or acting on behalf of a financial institution:
      (1)   To discriminate against an individual because of the race, color, religion, sex, familial status, disability, or national origin of the individual or the present or prospective owner, tenant or occupant of the real property or of a member, stockholder, director, officer, employee, or representative of any of these, in the granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith; or
      (2)   To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly a limitation, specification, or discrimination as to race, color, religion, sex, familial status, disability, or national origin or an intent to make such a limitation, specification, or discrimination.
   (D)   Blockbusting. It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which he may benefit financially:
      (1)   To represent that a change has occurred or will or may occur in the composition with respect to race, color, religion sex, familial status, disability, or national origin of the owners or occupants in the block, neighborhood, or area in which the real property is located; or
      (2)   To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located.
   (E)   Agency no defense. It shall be no defense to a violation of this chapter by a real estate operator, real estate broker, real estate salesman, financial institution, or other person subject to the provisions of this chapter that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter.
('79 Code, § 11-2) (Ord. 74-34, passed 12-17-74; Am. Ord. 78-23, passed 8-1-78) Penalty, see § 10.99