(a) It shall be an unlawful discriminatory practice for any person to:
(1) Refuse to sell, lease, finance, or otherwise to deny, withhold, make unavailable, any housing accommodation or commercial property from any person, or establish, announce, or follow a policy of denying or
limiting housing opportunities through a quota or otherwise, because of the race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or disability of any person, prospective owner, occupant or user of such housing accommodation or commercial property, or to refuse to lease any housing accommodation or commercial property to any person due to use of a guide animal because of the disability of the user, use of a support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals or because of the disability of an individual with whom the person is known to have a relationship or association.
(1.1) Evict or attempt to evict an occupant of any housing accommodation before the end of the term of a lease because of pregnancy or the birth of a child.
(1.2) "Otherwise to deny" as stated above includes but is not limited to:
A. Representing to any person because of race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or who are guide or support animal dependent, that a dwelling is not available for sale, rental or inspection when such dwelling is in fact available.
B. Failing to negotiate for the sale or rental of a dwelling.
(2) Refuse to lend money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property or otherwise withhold financing of any housing accommodation or commercial property from any person because of the race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability of any person, the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals or because of the disability of an individual with whom the person is known to have a relationship or association. This prohibition includes money lent for any purpose, when the loan is secured by residential real estate.
(3) Discriminate against any person in the terms or conditions of selling or leasing any housing accommodation or commercial property or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing accommodation or commercial property because of the race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability of any person, the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals or because of the disability of an individual with whom the person is known to have a relationship or association.
(3.1) Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, grant permission for a modification if the renter agrees to restore the interior of the premises to the condition that existed before the modification, with reasonable wear and tear excepted.
(3.2) Refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a housing accommodation.
(4) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property because of the race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or disability of any person, the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of guide or support animals or because of the disability of an individual with whom the person is known to have a relationship or association.
(5) Print, publish, make, or circulate any statement, publication, notice, or advertisement:
A. Relating to the sale, lease or acquisition of any housing accommodation or commercial property or the loan of money, whether or not secured by mortgage, or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property which indicates any preference, limitation, specification, or discrimination based upon race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability or because of the disability of an individual with whom the person is known to have a relationship or association, or
B. Relating to the sale, lease or acquisition of any housing accommodation or commercial property which indicates any preference, limitation, specification or discrimination based upon use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals.
(6) Make any inquiry, elicit any information, make or keep any record or use any form of application for the purchase, rental or lease of housing accommodations or to make real estate appraisals, containing questions or entries concerning race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability or because of the disability of an individual with whom the
person is known to have a relationship or association in connection with the sale or lease of any housing accommodation or commercial property or loan of any money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation or commercial property, or to make any inquiry, elicit any information, make or keep any record or use any form of application containing questions or entries concerning the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals, in connection with the lease of any housing accommodation or commercial property.
(7) Discriminate in the making or purchasing of loans or in the appraising or brokering of residential real estate. Discrimination in brokering includes, but is not limited to, denying access to or membership in any multiple listing service or facility relating to the sale or rental of dwellings based on race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or because of the disability of an individual with whom the person is known to have a relationship or association, or based upon use of a guide or support animal or because the person is a handler or trainer of guide or support animals.
(8) Construct, operate, offer for sale, lease or rent or otherwise make available housing or commercial property which is not accessible in accordance with federal law. This provision includes design and construction requirements as required under §804(f)(3)(C) of the Fair Housing Amendments Act of 1988.
(9) Discriminate in real estate-related transactions, as described by and subject to the following:
A. It shall be unlawful for any person or other entity whose business includes engaging in real estate-related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, religious creed, ancestry, national origin, sexual orientation, gender identification, sex, age, hairstyles and protective and cultural hair textures and hairstyles, disability, use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of guide or support animals or familial status.
B. It shall be unlawful for any real estate broker or real estate sales person or agent, or any other person for business or economic or other purposes to induce, directly or indirectly, or to attempt to induce, directly or indirectly, the sale or rental or the listing for sale or rental, of a housing accommodation by representing that a change has occurred or will or may occur with respect to the racial, age, religious, ethnic, gender, hairstyles and protective and cultural hair textures and hairstyles, disability, the use of a guide or support animal, familial status or sexual orientation, gender identification, composition of the street, block, neighborhood or area in which such housing accommodation is located.
C. Nothing in this act prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religious creed, ancestry, national origin, sexual orientation, gender identification, sex, age, hairstyles and protective and cultural hair textures and hairstyles, disability, use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of guide or support animals or familial status.
(10) Discriminate by engaging in certain real estate practices, including:
A. Inducing, soliciting or attempting to induce or solicit for commercial profit any listing, sale or transaction involving any housing accommodation or commercial property by representing that such housing accommodation or commercial property is within any neighborhood, community or area adjacent to any other area in which there reside, or do not reside, persons of a particular race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or who are guide or support animal dependent.
B. Discouraging, or attempting to discourage, for commercial profit, the purchase or lease of any housing accommodation or commercial property by representing that such housing accommodation or commercial property is within any neighborhood, community or area adjacent to any other area in which there reside, or may in the future reside in increased or decreased numbers, persons of a particular race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or who are guide or support animal dependent.
C. Misrepresenting, creating or distorting a circumstance, condition or incident for the purpose of fostering the impression or belief, on the part of any owner, occupant or prospective owner or occupant of any housing accommodation or commercial property, that such housing accommodation or commercial property is within any neighborhood, community or area adjacent to any other area which would be adversely impacted by the residence, or future increased or decreased residence, of persons of a particular race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or who are guide or support animal dependent within such neighborhood, community or area.
D. In any way misrepresenting or otherwise misadvertising within a neighborhood or community, whether or not in writing, that any housing accommodation or commercial property within such neighborhood or community is available for inspection, sale, lease, sublease or other transfer, in any context where such
misrepresentation or misadvertising would have the effect of fostering an impression or belief that there has been or will be an increase in real estate activity within such neighborhood or community due to the residence, or anticipated increased or decreased residence, of persons of a particular race, color, familial status, age, religious creed, ancestry, sex, national origin, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, disability, or the use of a guide or support animal because of the disability of the user.
(11) For any person with the intention of defeating the purposes of this article to sell, lease or transfer or attempt to sell, lease, or transfer or offer, advertise, or make available for sale, lease, or transfer any housing accommodation which is the subject of a written verified complaint filed with the Commission until final determination of the complaint.
(11.1) For any person, after a complaint regarding a housing accommodation has been filed and prior to final determination by the Commission, to fail to include a notice of the complaint in any subsequent lease or agreement of sale involving that housing accommodation.
(12) Nothing in this clause, regarding age or familial status, shall apply with respect to housing for older persons.
(13) Nothing in this clause shall bar any religious or denominational institution or organization or any charitable or educational organization which is operated, supervised or controlled by or in connection with a religious organization or any bona fide private or fraternal organization from giving preference to persons of the same religion or denomination or to members of such private or fraternal organization or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established, or maintained. This exemption requires that the dwelling be owned and operated for other than a commercial purpose.
(13.1) The religious organization exemption applies only when membership in the religion is not restricted on account of race, color, ancestry, national origin, sexual orientation, gender identification, sex, age, hairstyles and protective and cultural hair textures and hairstyles, or disability.
(13.2) The exemption for a fraternal organization is only for a private club not in fact open to the public and applies only to lodgings provided as an incident to the club's primary purpose.
(14) Nothing in this clause shall apply:
A. With respect to discrimination based on sex, to the rental or leasing of housing accommodations in a single-sex dormitory.
B. To the rental of rooms in a landlord occupied rooming house with a common entrance. This exemption is limited to rooms or units containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. NOTE: A "family" includes one person.
(15) Nothing above shall prevent the Commission from requiring reports, information or answers to questions regarding race, color, familial status, religion, creed, ancestry, age, sex, national origin, sexual orientation, gender identification or hairstyles and protective and cultural hair textures and hairstyles, disability, or the use of a guide or support animal because of the disability of the user or because the user is a handler or trainer of support or guide animals, in connection with their compliance procedure of affirmative action or educational programs.
NOTE: Everything in this section is subject to Subtitle B at Title 24 of the Code of Federal Regulations (CFR) Part 100 - Discriminatory Conduct Under the Fair Housing Act. Specifically, the exemptions at §100.10 are not subject to §804 (except (c)) but are subject to §§805, 806 and 818 of the Fair Housing Amendments Act of 1988.
(b) Prohibited Interference, Coercion or Intimidation.
(1) It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this part, in accordance with the Fair Housing Act §818.
(2) Conduct made unlawful under this section includes, but is not limited to, the following:
A. Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, ancestry, age, color, religion, sex, disability, familial status, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or national origin.
B. Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of race, ancestry, age, color, religion, sex, disability, familial status, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or national origin of such persons, or of visitors or associates of such person.
C. Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the race, ancestry, age, color, religion, sex, disability, familial status, sexual orientation, gender identification, hairstyles and protective and cultural hair textures and hairstyles, or national origin of that person or any person associated with that person.
D. Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this article.
E. Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under this article or the Fair Housing Act.
(Ord. 32-2022. Passed 5-18-22.)