(A) Discriminatory housing practices. The following practices shall be violations of this subchapter.
(1) No person shall discriminate in renting, leasing, selling, or otherwise making available any housing units, facilities, or accommodations or refuse to engage in good faith in a real estate transaction with any person.
(2) No person shall discriminate in the terms, conditions, maintenance, or repair in providing any housing facility.
(3) No person shall refuse to lend money for the purchase, acquisition, construction, rehabilitation, maintenance, or repair of any real property solely because of the location in the city of such real property or other discriminatory practice as named in § 93.03.
(4) No person shall promote real estate transactions by representing that changes are occurring or will occur in an area with respect to race, color, religion, sex, or national origin, nor that the presence of individuals of any particular race, color, creed, religion, ancestry, national or sectional origin, sex, sexual orientation, age, condition of pregnancy, marital status, disability, or source of income in an area will or may result in:
(a) A lowering of property values in the area;
(b) A change in the area as to the race, color, creed, religion, ancestry, national or sectional origin, sex, sexual orientation, age, condition of pregnancy, marital status, disability, source of income of its owners or occupants;
(c) An increase in criminal or anti-social behavior in the area; or
(d) A change in the racial or ethnic composition of schools or other public facilities or services in the area.
(5) No person shall discriminate against another by representing to another person that any real property or housing accommodation is not available for inspection, sale, rental, or lease when in fact it is so available or by refusing to supply all property listings which he or she has available or by refusing to permit any person to inspect such property.
(6) No person shall discriminate against another by placing a sign or other display on any real property which indicates that the property is for sale without authority from the owner of said property.
(7) No person shall adopt, enforce, or employ any policy or requirement, or publish, post, or broadcast any advertisement, sign, or notice, which discriminates or indicates discrimination in providing housing.
(8) No person shall discriminate in the publication or distribution of advertising material, information, or solicitation regarding housing accommodations.
(9) No agent, broker, or any other intermediary shall discriminate in making referrals, listings, or printing information with regard to housing accommodations. A report of a conviction of any such person for a violation of this subchapter shall be made to the applicable licensing or regulatory agency for such person or business.
(10) No person shall refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from any person based in whole or in part on the race, color, creed, religion, ancestry, national or sectional origin, sex, sexual orientation, age, condition of pregnancy, marital status, disability, or source of income.
(11) No person shall coerce, threaten, or retaliate against any individual or organization for making a complaint or assisting in the investigation regarding a violation or alleged violation of this subchapter, nor require, request, conspire with, or assist or request, coerce another person or persons to retaliate against any individual or organization for making a complaint or assisting in any investigation pursuant to this subchapter.
(12) No person shall conspire with, assist, coerce, or request another person to discriminate in any manner prohibited by this subchapter.
(13) No person shall discriminate against another by knowingly or intentionally presenting false or substantially misleading statements or by presenting statements for which the person has no factual proof to any individual or groups applying for the purchase, lease, rental, or financing of housing units, real estate, or housing accommodations. No person shall file a false or misleading claim or make false or misleading statements in a claim under penalty of this subchapter.
(14) No person shall discriminate against another by continuing to solicit the sale or listing for sale of real property by telephone, mail, or personally, with notice that the property owner has requested in writing the solicitor or the company the solicitor represents to cease such solicitation.
(15) No person, corporation, association, partnership, reciprocal exchange, or any other legal entity engaged in or attempting to engage in the business of making insurance or surety contracts in the city shall:
(a) Refuse to insure, refuse to continue to insure, or limit the amount of coverage available to an individual or risk on a discriminatory basis, including the location of the risk; or
(b) Charge a different rate for the same coverage based on discrimination as defined in this subchapter.
(B) Exceptions.
(1) The following practices shall not be violations of this subchapter:
(a) For a religious organization or institution to restrict any of its facilities of housing or accommodation which are operated as a direct part of religious activities to persons of the denomination involved;
(b) For the owner of an owner-occupied one-family or two-family dwelling or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one sex, to restrict occupancy and use on the basis of sex;
(c) To limit occupancy in a federally funded housing project or to provide federally funded public accommodations, assistance, or services to persons of low income, over 50 years of age, or who are disabled;
(d) To rent a housing accommodation for not more than 12 months by the owner or lessor where it was occupied by said owner or lessor and maintained as the owner’s or lessor’s home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence;
(e) For an educational institution to limit the use of its facilities to those affiliated with such institution; and
(f) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or members of his or her immediate family reside in one of such housing accommodations, or to the rental of a room or rooms in a single housing unit by an individual if the lessor or a member of the lessor’s
immediate family resides therein.
IMMEDIATE FAMILY for the purpose of this section shall mean a spouse, parent, child, or sibling.
(2) Nothing herein contained shall be construed to prohibit any affirmative action laws or programs instituted by any level of government or private person or group.
(3) Nothing herein contained shall prevent securing civil rights guaranteed by laws other than those set forth herein.
(Prior Code, § 93.04) (Ord. D-1454, passed 5-21-1984, effective 5-31-1984) Penalty, see § 93.99