A. Unlawful Real Estate Practices. It is an unlawful real estate practice for any person to do any of the following acts wholly or partially based on sexual orientation or gender identity:
1. To terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to include in the terms or conditions of a transaction in real property any clause, condition or restriction; or falsely to represent that an interest in real property is not available for a transaction in connection therewith, including, but not limited to, rental or leasing thereof.
2. To refuse to lend money, guarantee the loan, accept the deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property.
3. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee.
4. To make, print, publish, advertise or disseminate, in any way, any notice, statement or advertisement with respect to financing related to any such transaction which states that any unlawful real estate practice as defined in this section will be engaged in.
B. Exceptions.
1. Owner Occupied Dwellings. Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of his or her family occupies one of the living units and it is necessary for the owner or lessor or any member of his or her family to use either a bathroom or kitchen facility in common with the prospective tenant. (Ord. 2013-0038 § 16; prior code § 14.01.103)