(a) It is hereby declared to be a discriminatory housing practice and unlawful for any person to:
(1) Refuse to sell, transfer, assign, rent, lease, sublease or finance or otherwise deny or withhold housing accommodations in a dwelling from any person because of the race, color, religion, sex, ancestry, familial status, handicap or national origin of any prospective owner, occupant, or user of such dwelling;
(2) Represent to any person, because of the race, color, religion, sex, ancestry, familial status, handicap or national origin that a dwelling 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 a dwelling, or otherwise withhold financing of a dwelling from any person, because of the race, color, religion, sex, ancestry, familial status, handicap or national origin of any present or prospective owner, occupant or user of such dwelling, provided such person lends money as one of the principal aspects or incident to his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she 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 dwelling, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any dwelling because of the race, color, religion, sex, ancestry, familial status, handicap or national origin of any present or prospective owner, occupant or user of such dwelling;
(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 a dwelling, because of the race, color, religion, sex, ancestry, familial status, handicap or national origin of any present or prospective owner, occupant or user of such dwelling;
(6) Refuse to consider, without prejudice, the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof;
(7) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any dwelling or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a dwelling, which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, ancestry, familial status, handicap or national origin;
(8) Include in any transfer, rental or lease of a dwelling any restrictive covenant , based on race, color, religion, sex, ancestry, familial status, handicap, or national origin, or honor or exercise, or attach to honor or exercise any such restrictive covenant provided that the prior inclusion of such 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 dwelling listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the dwelling 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 persons of any race, color, religion, sex, ancestry, familial status, handicap or national origin in the area will or may have results such as the following:
A. The lowering of property values;
B. A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the dwelling is located;
C. An increase in criminal or antisocial behavior in the area; or
D. A decline in the quality of the schools serving the area;
(10) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, association or facility relating to the business of selling or renting housing accommodations, or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, national origin, familial status, handicap or ancestry;
(11) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed, or having aided or encouraged any other person in the exercise of, any right granted or protected by this section;
(12) Whether or not acting under color of law, by force or threat of force willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with:
A. Any person on the basis of race, color, religion, sex, national origin, handicap, ancestry, or familial status, because such person is or has been:
1. selling, purchasing, renting, financing, occupying, contracting, or negotiating therefor, as to any dwelling;
2. applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations.
B. Any person because that person is or has been:
1. participating, without discrimination on account of race, color, religion, sex, national origin, handicap, or ancestry, familial status, in any of the activities, services, organizations, or facilities described in subsection (a)(12)A. hereof;
2. affording another person or class of persons opportunity or protection to so participate.
C. Any person because that person is or has been participating in any of the activities, services, organizations, or facilities described in subsection (a)(12)A. hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
D. Any person because that person is or has been lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, handicap, or ancestry, familial status, in any of the activities, services, organizations, or facilities described in subsection (a)(12)A. hereof.
(13) Discourage or attempt to discourage the purchase by a prospective purchaser of a dwelling by representing that any block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area;
(14) Discriminate against any person because of the race, color, religion, sex, ancestry, familial status, handicap or national origin in appraising the value of any dwelling in connection with the sale or rental of such dwelling.
(b) Whoever violates any of the provisions of this Section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(Ord. 2001-210. Passed 11-5-01.)