541.16 SOURCE OF INCOME DISCRIMINATION

   (a)    It shall be an unlawful discriminatory practice for any person, based on the source of income of a prospective tenant or current tenant, to:

      (1)    Refuse to lease or rent any housing accommodations to a prospective tenant or current tenant;

      (2)    Make any distinction in the terms or conditions of the rental or leasing of a housing accommodation, including but not limited to charging an additional or increased amount of security deposit, additional or increased amount of rental rate or fees, or limiting restricting, or prohibiting a tenant's privileges, access to or use of common facilities or areas;

      (3)    Attempt to discourage the rental or lease of any housing accommodations;

      (4)    Discriminate against any person in furnishing facilities, services, or privileges in connection with the rental or lease of any housing accommodations.

      (5)    Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section;

      (6)    Print, publish, or circulate any statement or advertisement relating to the rental or lease of any housing accommodations which indicates any preference, limitation, specification, or discrimination based upon the source of income of any prospective tenant or current tenant of such housing accommodations;

      (7)    Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided orencouraged any other person in the exercise or enjoyment of, any right granted or protected by this section;

      (8)    Represent to a person that a housing accommodation is not available for the inspections or rental when the housing accommodation in fact is available for inspection or rental;

      (9)    Otherwise make unavailable or deny a housing accommodation to a prospective tenant or current tenant that, but for the source of income of the person, would be eligible to rent the housing accommodation;

      (10)    Serve a notice of termination of tenancy or commence a forcible entry and detainer action on grounds not authorized by Ohio law; or

      (11)    Refuse to rent or lease a housing accommodation, or serve a notice of termination of tenancy, commence a forcible entry and detainer action on grounds not authorized by Ohio law, or otherwise deny to or withhold from any person or persons, the rental or leasing of a housing accommodation on the basis of the landlord's expected or actual increase in administrative obligations or additional expenses incurred by the landlord due to the tenant's source of income, which such increased obligations or expenses include by are not limit to inspection requirements of, or necessity to verify, participate in, or receive payment from, programs administered by any federal, state, or local government, or a nonprofit entity. Notwithstanding this prohibition, a landlord may require a tenant or prospective to do the following:

         A.   Complete background screening inquiries or lawful criteria established prior to tenant's application and requested of all prospective tenants, or

         B.   Pass a review and verification of tenant's prior rental history, criminal background, credit report, and utility payment history.

   (b)   If a landlord requires a prospective tenant or current tenant to have a certain threshold level of income based on the ratio of income to rent in order to rent or lease a housing accommodation, then any source of income in the form of a rent voucher, subsidy, or any rental assistance paid directly to the landlord must be subtracted from the total of the monthly rent prior to the landlord calculating if the threshold level of income has been met. The landlord must use the same ratio of income to rent for all tenants and the calculation must be based only on the tenant's share of the rent obligation.

   (c)    Organizational criminal liability as provided for in Section 501.10 , 501.12 and 501.13 of the City of Whitehall Codified Ordinances and an organization who violates Section 541.16 is guilty of a misdemeanor of the first degree, punishable by one thousand dollars ($1,000) fine or up to 180 days in jail.

   (d)    A person who violated Section 541.16 is guilty of a misdemeanor of the first degree, punishable by one thousand dollars ($1,000) fine or up to 180 days in jail.

(Ord. 113-2021. Passed 12-21-21.)