A. Discriminatory Housing Practices: It is a discriminatory housing practice to do any of the following:
1. Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental, or otherwise deny or make unavailable any dwelling from any person because of the person's sexual orientation or gender identity;
2. Discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in providing facilities or services in connection with the dwelling because of the person's sexual orientation or gender identity;
3. Represent to any person that any dwelling is not available for inspection, sale, or rental when in fact the dwelling is available;
4. To make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on sexual orientation or gender identity, or expresses any intent to make any such preference, limitation, or discrimination;
5. To induce or attempt to induce, for profit, any person to buy, sell, or rent any dwelling by making representations about the entry or prospective entry into the neighborhood of persons of a particular sexual orientation or gender identity;
6. Engage in any discriminatory housing practices because of sexual orientation or gender identity based upon a person's association with another person.
B. Discriminatory Housing Practice By Broker Or Salesperson: It is a discriminatory housing practice for a real estate broker or salesperson to do any of the following because of a person's sexual orientation or gender identity:
1. To discriminate against any person in making available a residential real estate transaction, or in the terms or conditions of the transaction, inside the city, because of a person's sexual orientation or gender identity;
2. To deny any person access to, or membership or participation in, any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings inside the city or to discriminate against any person in the terms or conditions of access, membership, or participation in the organization, service, or facility inside the city because of a person's sexual orientation or gender identity; or
3. Engage in any discriminatory housing practices inside the city because of sexual orientation or gender identity based upon a person's association with another person.
C. Exceptions: This chapter does not apply to the following:
1. The sale or rental of any single-family dwelling, if the owner:
a. Does not own an interest in or title to four (4) or more single-family dwellings held for lease or sale at one time located inside the city;
b. Has not sold two (2) or more single-family dwellings inside the city in which the owner did not reside in the dwelling within the twenty four (24) month period preceding the sale or rental of the dwelling; and
c. Does not use the services or facilities of any real estate broker, agent, or salesperson, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling inside the city.
2. The rental of a dwelling that is occupied or intended to be occupied by no more than four (4) families living independently of each other, when the owner actually maintains and occupies part of the dwelling as a residence.
3. Nothing in this section prohibits conduct against a person because of the person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law. (Ord. 64-09 § 1, 2009)