It is hereby designated to be the continuing policy of the city to do all things necessary and proper to secure for all its citizens their right to equal housing opportunities regardless of their race, color, creed, sex, marital status, religious belief, national origin, or handicap.
(1974 Code, § 101.01) (Ord. 1-87, passed 1-19-1987)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATION, DISCRIMINATING, or DISCRIMINATE. To render any differences in treatment to any person in the sale, lease, rental, or financing of a dwelling or housing unit because of a person's race, color, creed, sex, marital status, religious belief, national origin, or handicap.
HOUSING. Any building, facility, or structure, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or
occupied, as the home, residence, or sleeping place of one or more persons, groups, or families; and any vacant land offered for sale or lease for the construction or location thereof of such building, facility, or structure.
LENDING INSTITUTION. Any bank, building and loan association, savings and loan association, insurance company, or other person whose business consists in whole or in part in the lending of money or guaranteeing of loans.
PERSON. One or more individuals, corporations, partnerships, associations, firms or enterprises, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated, organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
REAL ESTATE AGENT. Any real estate broker, real estate salesperson or an agent thereof, or any other person, partnership, association, or corporation who for consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange, or rental of real property, or who holds himself out as engaged in the business of selling, purchasing, exchanging, renting, or otherwise transferring any interest in real property.
(1974 Code, § 101.02) (Ord. 1-87, passed 1-19-1987)
It shall be an unlawful housing practice and a violation of this chapter:
(A) For any person or real estate agent:
(1) To discriminate against any person in the selling, leasing, subleasing, renting, assigning, or otherwise transferring of any interest in housing.
(2) To discriminate against any person by refusing to negotiate, refusing to transmit a bona fide offer, making false representations on the availability of the housing unit for inspection, sale or rental, or withdrawing from the market a housing unit which is for sale, lease, sublease, or rental.
(3) To include in the terms, conditions, or privileges of any sale, lease, sublease, rental assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of the housing.
(4) To discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person.
(B) For any lending institution:
(1) To discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds for purchasing, constructing, improving, altering, repairing, rehabilitating, or maintaining any housing; or to discriminate against the fixing of the amount, interest rate, duration, or the terms, conditions, or provisions of any such financial assistance.
(2) To discriminate in the lending of money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making of funds available on the basis of the geographic location.
(C) For any person, real estate agent, or lending institution, with respect to any prohibited act specified in this chapter, to publish, circulate, or cause to be published or circulated, any notice, statement, listing, or advertisement, or to announce a policy or to make any record in connection with the prospective sale, lease, sublease, rental, or financing of any housing, which indicates reliance, determination, or decision based on race, color, creed, sex, marital status, religious belief, national origin, or handicap.
(D) For any person or real estate agent to assist in, compel, or coerce the doing of any act declared to be an unlawful housing practice under this chapter or to obstruct or prevent endorsement or compliance with provisions of this chapter or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful housing practice.
(E) For any person, real estate agent, or lending institution:
(1) To induce or attempt to induce the sale, transfer of interest, or listing for sale of any housing by making representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, color, creed, sex, marital status, religious belief, national origin, or handicap, by direct or indirect methods.
(2) To make any representation to a prospective purchaser or lessee that any housing in a particular block, neighborhood, or area may undergo, is undergoing, or has undergone a change with respect to race, color, creed, sex, marital status, religion, national origin, or handicap of the block, neighborhood, or area.
(3) To induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, creed, sex, marital status, religion, national origin, or handicap in the block, neighborhood, or area will or may result in:
(a) The lowering of property values.
(b) A change in the racial, color, religious, nationality, or ethnic composition 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.
(F) For any person or real estate agent to cause or coerce, or attempt to cause or coerce, retaliation against any person because the person has lawfully opposed any act or failure to act that is a violation of this chapter or has, in good faith, filed a complaint, testified, participated or assisted in any way proceedings under this chapter; or prevent any person from complying with this chapter.
(G) To do any other thing or engage in conduct which would otherwise make unavailable equal housing opportunities.
(H) Nothing in this chapter shall bar any religious or denominational institution or organization, or any charitable or educational organization that 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 the private or fraternal organization; or from making such selection as is calculated by the organization to promote the religious principles or the aims, purposes, or fraternal principles for which it is established or maintained.
(1974 Code, § 101.03) (Ord. 1-87, passed 1-19-1987) Penalty, see § 93.99
This chapter does hereby reference the Miami County Fair Housing Committee to assist with the implementation of the policies stated herein established. The Miami County Fair Housing Committee is charged with the following duties:
(A) To investigate all complaints involving unlawful discriminatory practices in the city which are filed with the Fair Housing Officer.
(B) As the result of such investigations, and where such investigations merit consideration, the Committee shall:
(1) Endeavor by conciliation to resolve complaints.
(2) Dismiss complaints that are unfounded.
(3) Recommend that the parties involved file a complaint with the State Civil Rights Commission as provided in R.C. § 4112.05.
(4) Take other action as it deems necessary in reference to the facts presented.
(5) Make recommendations to the City Law Director for proper action on the complaint.
(1974 Code, § 101.05) (Ord. 1-87, passed 1-19-1987)
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