CHAPTER 628
Fair Housing
628.01   Definitions.
628.02   Unlawful discriminatory practices; application of chapter.
628.03   Exceptions to chapter.
628.04   Establishment of Fair Housing Board; composition; terms of office; vacancies; quorum; compensation; removals.
628.05   Powers and duties of Board.
628.06   Complaint procedures; hearings.
628.07   Interpretation of chapter; enforcement.
CROSS REFERENCES
   Complaints filed by elderly low or moderate income persons for
      municipal housing discrimination - see Ohio R.C. 717.01
   Ohio Civil Rights Commission - see Ohio R.C. Ch. 4112
   Discriminatory housing practice; notification of Superintendent
         of Real Estate - see Ohio R.C. 4735.13
   Interfering with civil rights - see GEN. OFF. 606.20
   Housing Code - see B. & H. Ch. 1480
   628.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Board" means the Fair Housing Board established by Section 628.04.
   (b)   "Complainant" means the person filing charges with the Fair Housing Board.
   (c)   "Discriminate" includes "separate" and "segregate" and means any distinction or difference in treatment based on the race, color, religion or national origin of a person.
   (d)   "Family" includes a single individual.
   (e)   "Housing" and "housing accommodations" mean any building, structure or portion thereof which is occupied as or designed or intended for accommodations as a residence for one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
   (f)   "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. "Person," as applied to partnerships or other associations, includes their members and as applied to corporations includes their officers.
   (g)   "Respondent" means a person against whom a complaint is filed before the Fair Housing Board.
   (h)   "Restrictive covenant" means any specification limiting the transfer, rental, lease or other use of any housing because of race, color, religion, national origin or ancestry, or any limitation upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, national origin or ancestry as a condition of affiliation or approval.
   (i)   "To rent" includes to lease, to sublease to let and otherwise to grant for a consideration the right to occupy housing accommodations.
   (j)   "Unlawful discriminatory practice" means an act prohibited in this chapter.
      (Ord. 84-40. Passed 6-18-84.)
   628.02 UNLAWFUL DISCRIMINATORY PRACTICES; APPLICATION OF CHAPTER.
   (a)   No person shall:
(1)   Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold housing accommodations from any person because of the race, color, religion, ancestry or national origin of any prospective owner, occupant or user of such housing;
(2)   Represent to any person, because of race, color, religion or national origin, that any housing is not available for inspection, sale or rental when such housing is in fact so available;
(3)   Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repairing or maintenance of housing, or otherwise withhold financing of any housing from any person because of the race, color, religion, ancestry or national origin of any present or prospective owner, occupant or user of such housing;
(4)   Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing of housing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of housing, because of the race, color, religion, ancestry or national origin of any present or prospective owner, occupant or user of such 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 housing, because of the race, color, religion, ancestry or national origin of any present or prospective owner, occupant or user of such housing;
(6)   Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, acquisition, construction, rehabilitation, repair or maintenance of any housing which indicates any preference, limitation, specification or discrimination based upon race, color, religion, ancestry or national origin;
(7)   Include in any transfer, rental or lease of any housing any restrictive covenant, provided that the inclusion of a prior restrictive covenant in the chain of title shall not be deemed to be a violation of this paragraph;
(8)   Induce or solicit, or attempt to induce or solicit, any housing listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the housing 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, ancestry 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 or ethnic composition of the block, neighborhood or area in which the housing 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;
(9)   Discriminate in any manner against any other person because he or she has opposed any unlawful practice, as defined in this section, or because he or she has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this chapter;
(10)   Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with the requirements of this chapter or any order issued pursuant thereto; or
(11)   Discourage or attempt to discourage the purchase by a prospective purchaser of any housing by representing that any block, neighborhood or area has or might undergo a change with respect to the racial, religious or nationality composition of the block, neighborhood or area.
 
   (b)   This section applies to discriminatory housing practices within the territorial limits of the City and to housing accommodations located within the territorial limits of the City.
 
   (c)   Whoever violates any of the provisions of this section, is guilty of a misdemeanor of the second degree. Punishment shall be as provided in Section 698.02. After the Fair Housing Board determines that an unlawful discriminatory practice exists, a separate offense shall be deemed committed each day during or on which a violation continues.
(Ord. 84-40. Passed 6-18-84.)
   628.03 EXCEPTIONS TO CHAPTER.
   Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nothing in this chapter shall prohibit a private club not in fact open to the public, which club, as an incident to its primary purpose, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Ord. 84-40. Passed 6-18-84.)
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