1353.03 UNLAWFUL HOUSING PRACTICES.

   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 such housing.

      (4)   To discriminate in the furnishing of any housing facilities, repairs, improvements or services or in the terms, conditions, privileges or tenure of occupancy by any person of any housing covered by this chapter.

   (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 in the fixing of the amount, interest rate, duration or other 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 funds available on the basis of geographic location and/or neighborhood composition.

   (c)   For any person, real estate agent or lending institution with respect to any prohibited act specified in this chapter, to publish, to 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, religious belief, national origin, handicap or familial status;

   (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 or 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, religious belief, national origin, handicap or familial status 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, religion, national origin, handicap or familial status of such block, neighborhood or area.

      (3)   To induce or attempt to induce the sales or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, color, creed, sex, religion, national origin, handicap or familial status 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 such 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 in any proceeding under this chapter or prevented any person from complying with this chapter.

   (g)   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 housing or to discriminate against a person in the terms or conditions of such access, membership or participation.

   (h)   To do any other thing or engage in conduct which would otherwise make equal housing opportunities unavailable.

   (i)   Exceptions:

      (1)   The provisions of this chapter regarding familial status shall not apply to housing for the elderly, as provided in federal law.

      (2)   The renting of rooms in a housing unit which is owner-occupied is exempted from the provisions of this chapter, provided that the housing unit is one in which the owner-occupier and any tenants utilize common bathroom and/or kitchen facilities, and where the tenant has no separate or private outside entrance.

      (3)   Religious, educational or nonprofit charitable entities which provide housing facilities in conjunction with their religious, educational or charitable purpose are exempted from the provisions of this chapter if such entities enforce their own policies not to discriminate based upon race, color, creed, sex, national origin or handicap or familial status.

      (4)   Residential facilities licensed or approved by state or federal authorities in accordance with Ohio R.C. 3721.02, 3724.01, 5103.30, 5119.22, or 5123.19 are exempted from the provisions of this chapter.

      (5)   Compliance with federal law and regulations regarding physical access to housing for the handicapped shall constitute compliance with this chapter.

   (j)   In asserting an exception under the preceding subsection (i) hereof, the burden of proving the existence of the exception shall be with the party who seeks to benefit from the exception.

      (Ord. 1991-34. Passed 6-3-91.)