For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATION. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion or national origin.
FINANCIAL INSTITUTION. Any person engaged in the business of lending money or guaranteeing losses.
HOUSING ACCOMMODATION. Improved and unimproved property and means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals. Such accommodations include the following.
(1) HOUSING UNIT. A single room, suite of rooms or apartment, containing cooking and kitchen facilities, occupied or intended for occupancy as living quarters by a person, by a family or by a group of persons living together.
(2) ROOMING UNIT. A room or group of rooms forming a single, habitable unit used for living or sleeping, but which does not contain cooking and kitchen facilities.
MEMBERS OF A FAMILY. The owner and spouse and any son, daughter, parent or grandparent of the owner or spouse or any person who is wholly dependent on any of them.
OWNER. A lessee, sublessee, co-tenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation.
PERSON. An individual and any group of one or more natural persons such as, but not limited to, labor unions, joint apprenticeship committees, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, legal representatives, trustees in bankruptcy, receivers, any individual acting in a financial or representative capacity, either appointed by a court or otherwise, the city and county or any of its agencies and any other legal, governmental or commercial entity as well as a natural person. The term PERSONS, when applied to any of the foregoing, includes members, representatives, officers and directors.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. An individual, whether licensed or not, who, for a fee, commission, salary or for other valuable consideration, or who, with the intention or expectation of receiving or collecting same, lists, sells, purchases, exchanges, rents or leases any housing accommodation, including options thereupon, or who negotiates or attempts to negotiate such activities; or who advertises or holds himself or herself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contract for the collection of a fee in connection with a contract whereby he or she undertakes to promote the sale, purchase, exchange, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting in behalf of any of these.
REAL ESTATE OPERATOR. Any person who is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options; or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest in the above.
(1991 Code, § 6-26) (Ord. 983-94, passed 3-10-1983)
(A) Nothing in this chapter shall:
(1) Apply to the rental or lease of any rooming unit in a housing accommodation which contains not more than two housing units, if the owner or a member of his or her family resides in the housing accommodation;
(2) Apply to the rental or lease of any rooming units in a housing unit containing one rooming unit or less, if the owner of a member of his or her family resides in the housing unit; or
(3) Make it a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised or controlled by a religious institution or organization to give preference to members of the same religion in a real property transaction that is calculated by such religious corporation, association or society to promote the religious principals for which it is established or maintained.
(B) Nothing in this chapter shall be construed to affect the legal rights of a private individual homeowner to dispose of his or her property through private sale without the aid of any real estate operator, broker or salesperson and without advertising or public display.
(C) Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing unit.
(1991 Code, § 6-27) (Ord. 983-94, passed 3-10-1983)
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