515.02 DEFINITIONS.

   (a)   "Board" means the Fair Housing Review Board.

   (b)   "Covered multi-family dwellings" means buildings consisting of four (4) or more units if such buildings have one (1) or more elevators, and ground floor units in other buildings consisting of four (4) or more units.

   (c)   "Discriminate" or "discrimination" means to separate or segregate persons in a particular manner solely or in part because of race, color, religion, sex, ancestry, handicap or disability, familial status, sexual orientation, gender identity or expression, national origin, or military status; provided that "discriminate" or "discrimination" shall not include special outreach efforts conducted by or under the authority of units of local government (including agencies, departments and commissions thereof) or nonprofit fair housing corporations or agencies to ensure that persons of minority groups are fully informed of, and have access to, available dwelling opportunities in areas of present or prospective majority group concentration, or to ensure that persons of the majority group are fully informed of and have access to available dwelling opportunities in areas of present or prospective minority group concentration.

   (d)   "Dwelling" means a building or structure, or part thereof, used or designed or intended to be used for residential purposes.

   (e)   "Familial status" means one (1) or more individuals (who have not attained the age of eighteen (18) years) being domiciled with:

      (1)    A parent or another person having legal custody of such individual or individuals; or

      (2)    The designee of such parent or other person having such custody, with the written permission of such parent or their person;

and shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

   (f)   "Gender identity or expression" means an individual's actual or perceived gender-related identity, appearance, expression, mannerisms, or other gender-related characteristics, regardless of the individual's designated sex at birth.

   (g)   "Handicap" or "disability" means, with respect to a person:

      (1)    A physical or mental impairment which substantially limits one or more of such person's major life activities;

      (2)    A record of having such an impairment; or

      (3)    Being regarded as having such an impairment,

   but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. Section 802.

   (h)   "Housing for older persons" means housing:

      (1)   Provided under any State or Federal program that the Secretary of HUD determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or

      (2)   Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

      (3)   Intended and operated for occupancy by persons fifty-five (55) years of age or older, and

          A.    at least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older;

         B.   the housing facility or community publishes and adheres to , policies and procedures that demonstrate the intent required under this subsection; and

         C.   the housing facility or community complies with rules issued by the Secretary of HUD for verification of occupancy, which shall:

            i.    provide for verification by reliable surveys and affidavits; and

            ii.    include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause B. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purpose of such verification.

      (4)   Housing shall not fail to meet the requirements for housing for older persons by reason of:

         A.   Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of this subsection; provided that the new occupants of such housing meet such age requirements; or

         B.   Unoccupied units; provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.

   (i)   "Lending institution" means any bank, savings and loan association, insurance company or other organization, or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.

   (j)   "Person" means one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers or fiduciaries.

   (k)   "Purchase" means to obtain a dwelling through a sale.

   (l)   "Real estate agent" means a real estate broker or salesman, or a limited real estate broker or salesman, as defined in Ohio R.C. 4735.01.

   (m)   "Rent" or "rental" means to lease, sublease, assign or otherwise grant or obtain the right to occupy a dwelling not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.

   (n)   "Sale" or "sell" means to convey, exchange, transfer or assign legal or equitable title to, or beneficial interest in, a dwelling in return for consideration, or a contract or option to do any of the foregoing.

   (o)   "Sexual orientation" means a person's actual or perceived homosexuality, bisexuality, or heterosexuality.

   (p)   "Solicit" or "solicitation" means any conduct by a real estate agent, or an employee or agent thereof, intended to induce the owner of a dwelling within the City to sell, rent or list the same for sale or rental.

   (q)   "Unlawful discriminatory practice" means any act prohibited by Section 515.04.

(Ord. 19-49. Enacted 7-22-19.)