539.03 UNLAWFUL DISCRIMINATORY PRACTICES.
   (a)   It shall be unlawful discriminatory practice for any person to:
      (1)   Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold commercial housing from any person because of the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of any prospective owner, occupant, or user of the commercial housing;
      (2)   Represent to any person that commercial housing is not available for inspection when in fact it is available;
      (3)   Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or personal residence, or otherwise withhold financing of commercial housing or a personal residence from any person because of the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of any present or prospective owner, occupant, or user of such commercial housing, provided such person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects of his business or incidental to his principal business, and not only as a part of the purchase price of an owner-occupied residence he is selling nor merely casually or occasionally to a relative or friend;
      (4)   Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, or subleasing any commercial housing, or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any commercial housing because of the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of any present or prospective owner, occupant, or user of such commercial housing;
      (5)   Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence because of the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of any present or prospective owner, occupant, or user of such commercial housing or personal residence;
      (6)   Print, publish, or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any commercial housing or personal residence, or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence which indicates any preference, limitation, specification, or discrimination based upon race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap;
      (7)   Make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap in connection with the sale or lease of any commercial housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence;
      (8)   Include in any transfer, rental, or lease of commercial housing or a personal residence any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision;
      (9)   Induce or solicit or attempt to induce or solicit a commercial housing or personal residence listing, sale, or transaction by representing that a change has occurred or may occur with respect to the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of individuals that live in such a block, neighborhood, or area in which the property is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of any race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap, in the area will or may have results such as the following:
         A.   The lowering of property values;
         B.   A change in the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of individuals composing of the block, neighborhood, or area in which the property is located;
         C.   An increase in criminal or antisocial behavior in the area;
         D.   A decline in the quality of the schools serving the area;
   (b)   No person shall discourage or attempt to discourage the purchase by a prospective purchaser of a commercial housing or a personal residence by representing that any block, neighborhood, or area has or might undergo a change with respect to the race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap of individuals composing of the block, neighborhood, or area.
   (c)    Nothing in subsections (a) and (b) hereof shall bar any religious or denominational institution or organization, or any charitable or educational organization, which is operated, supervised, or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination, or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes, or fraternal principles for which it is established or maintained.
(Ord. 18-090. Passed 5-14-18.)