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§ 95.01 POLICY.
   It is the policy of the city to provide, within constitutional limitations, for fair housing throughout the city.
(Ord. 456, passed 7-2-85)
§ 95.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 95.04, 95.05 or 95.06.
   DWELLING. Any building, structures, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by 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, structures or portion thereof.
   FAMILY. Includes a single individual.
   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.
   TO RENT. To lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the occupant.
(Ord. 456, passed 7-2-85)
§ 95.03 UNLAWFUL PRACTICE.
   Subject to the provisions of division (B) below and § 95.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
   (A)   All dwellings except as exempted by division (B) below.
   (B)   Nothing in § 95.04 shall apply to:
      (1)   Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time; provided further that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale, or rental of, more than three such single-family houses at any one time, provided further that the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 95.04(C) of this chapter, but nothing in this provision shall prohibit the use or attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
      (2)   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupied one of such living quarters as his residence.
   (C)   For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if:
      (1)   He has, within the preceding 12 months participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
      (2)   He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or
      (3)   He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(Ord. 456, passed 7-2-85) Penalty, see § 95.99
§ 95.04 DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 95.03 and except as exempted by § 95.03(B) and 95.07, it shall be unlawful:
   (A)   To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, sex, family status, color, religion, national origin, or physical or mental disability;
   (B)   To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of race, color, religion, or national origin;
   (C)   To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination;
   (D)   For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, or national origin.
(Ord. 456, passed 7-2-85; Am. Ord. 535, passed 6-1-99) Penalty, see § 95.99
§ 95.05 DISCRIMINATION IN THE FINANCING OF HOUSING.
   It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 95.03(B).
(Ord. 456, passed 7-2-85) Penalty, see § 95.99
§ 95.06 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.
   It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, or national origin.
(Ord. 456, passed 7-2-85) Penalty, see § 95.99
§ 95.07 EXEMPTION.
   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. Nor shall anything in this ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes 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. 456, passed 7-2-85)
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