As used in this chapter certain terms are defined as follows:
(a) "Board" means the Fair Housing Commission.
(b) "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, marital status, familial status, or national origin; 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.
(c) "Covered multi-family dwellings" means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.
(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 or more individuals (who have not attained the age of eighteen 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 years.
(f) "Handicap" 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.
(g) "Housing accommodation" means any building 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 individuals, groups or families whether or not living independently of each other; and any vacant land offered for sale or lease for construction or location thereon of any such building, structure or portion thereof.
(h) "Housing for older persons":
(1) Means housing:
A. 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
B. Intended for, and solely occupied by, persons sixty-two years of age or older; or
C. Intended and operated for occupancy by at least one person fifty-five years or older per unit.
(2) The determination as to whether housing qualifies as housing for older persons under this subsection shall be consistent with regulations promulgated by the Secretary of HUD, providing at least the following factors:
A. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
B. That at least eighty percent (80%) of the units are occupied by at least one person fifty-five years of age or older per unit; and
C. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.
(3) Housing shall not fail to meet the requirements of housing for older persons by reason of:
A. Persons residing in such housing as of the date of enactment of the Fair Housing Act of 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, building and loan association, 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 or more individuals, corporations, partnerships, association, firms or enterprises, 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, limited real estate broker or salesman, real estate salesperson or an employee or agent thereof, or any person, partnership, association or corporation, or an employee or an agent thereof, who for a consideration sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself out as engaged in the business of selling, purchasing, exchanging, renting or otherwise transferring any interest in real property (as defined in Section 4735.01 of the Ohio Revised Code).
(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) "Restrictive covenant" means any specification limiting the transfer, rental, lease or other use of any housing because of race, color, sex, religion, national origin, ancestry, marital status, familial status or handicap or any limitation based upon affiliation with or origin, ancestry, martial status, familial status or handicap as a condition or affiliation or approval.
(o) "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.
(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 this chapter.
(Ord. 11070/97. Passed 9-10-97.)