548.05 UNLAWFUL DISCRIMINATORY HOUSING PRACTICES.
(a) It shall be unlawful for any person to:
(1) Fail or refuse to sell, transfer, assign, rent, lease, sublease, finance or negotiate or otherwise deny or withhold housing accommodation after the making of a bona fide offer, or otherwise deny or make unavailable, because of membership in a protected class, a property to any person.
(2) Represent any person, because of membership in a protected class, that a property is not available for sale, rental, inspection, purchase, transfer, assignment, lease or sublease when, in fact, it is available.
(3) Refuse to lend money, whether or not secured by mortgage or otherwise, for that acquisition, construction, rehabilitation, repair or maintenance of housing, or otherwise withhold financing of housing from any person because of the race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, age, marital status, familial status, handicap, disability, place of birth or families with children of any present or prospective owner, occupant or user of such housing. This section shall apply only to persons who lend money as one of the principal aspects of the business or incidental to that business and not only as a part of the purchase price of an owner occupied residence which is offered for sale nor merely casually or occasionally to a relative or friend.
(4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, brokering, leasing or subleasing any property or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any property because of the racial composition or presence of any other protected groups in the area in which the dwelling is located.
(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing because of race, natural hair types and natural hair styles commonly associated with race, age, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, handicap, disability, place of birth or families with children of the prospective owner, occupant or user of such housing.
(6) Print, publish, or circulate, or cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made any written or oral statement, relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any property or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of a property, which indicates any preference, limitation, specification or discrimination based upon protected group membership, or an intention to make any such preference, limitation, specification or discrimination.
(7) Except where required or permitted by the Human Relations Commission or by the government of the United States or any department or agency thereof, or by the State or by any court of competent jurisdiction, make any inquiry, elicit any information, make or keep any record or use any form of application containing questions or entries concerning race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, age, marital status, familial status, handicap, disability, place of birth or families with children in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise for the acquisition, construction, rehabilitation, repair or maintenance of housing.
(8) Include in any sale, transfer, rental, lease or sublease of property any restrictive covenant based on protected group membership, or honor or exercise or attempt to honor or exercise, any such restrictive covenant, which restrictive covenant is in conflict with any provision of this chapter.
(9) Induce or solicit, or attempt to induce or solicit including but not limited to a property listing, sale or transaction by representing that a change has occurred or may occur with respect to the protected class or classes of the area in which property is located, or induce or solicit or attempt to induce or solicit such transaction, sale or listing by representing that the actual or anticipated presence of any protected class in the area will or may have results such as:
A. The lowering of property value;
B. A change in the composition of the area in which the property is located based upon a protected class or classes;
C. An increase in criminal or antisocial behavior in the area;
D. A decline in the quality of the schools serving the area.
(10) Deny any person access to or membership or participation in any multiple listing service, real estate brokers' association or facility relating to the business of selling or renting housing accommodations or commercial property, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of a person's membership in protected class.
(11) Coerce, injure, intimidate, threaten or interfere with any person in the exercise or enjoyment of or on account of his having exercised or enjoyed, or on account of that person's having exercised or enjoyed having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section.
(12) Whether or not acting under color of law, by force or threat of force willfully injure, intimidate or interfere with:
A. Any person because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, marital status, age, handicap, or place of birth and because such person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;
B. Any person because such person is or has been, or in order to intimidate such person or any other person or any class of persons from:
1. Participating, without discrimination on account of race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, marital status, familial status, age, handicap, disability, place of birth or families with children in any of the activities, services, organizations or facilities described in subsection (a)(12)A.;
2. Affording with another person or class of persons opportunity or protection to participate.
C. Any person because such person is or has been, or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate without discrimination on account of race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, marital status, familial status, age, handicap, disability, place of birth or families with children in any of the activities, services, organizations or facilities described in subsection (a)(12)A. hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(13) Discourage or attempt to discourage the purchase by a prospective purchaser of housing by representing directly or indirectly that any block, neighborhood, school district or area in or near which the property is located has or might undergo an influx of handicapped or disabled persons, or families with children, or a change with respect to the racial, sexual orientation, gender identity, religious, ethnic composition of the block, neighborhood, school district or area.
(14) Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold a burial lot from any person because of the race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, marital status, familial status, age, handicap, disability, place of birth or families with children of any prospective owner or user of such lot.
(15) Refuse to permit, at the expense of the disabled person, 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 in a renter's agreement, include the establishment of an escrow account, to restore the interior of the premises to the conditions that existed prior to the modification, reasonable wear and tear expected.
(16) Construct multi-family dwellings with the aid of loans, advances, grants or contributions from state, local or federal government that do not comply with federal regulations or accommodations of handicapped persons, specifically including requirements that:
A. The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
B. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
C. All premises within such dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installation of grab bars.
(19) Discriminate against any person in making available such a housing transaction, or in the terms of conditions such a housing transaction, if such person's business includes engaging in residential real estate-related transactions because of race, natural hair types and natural hair styles commonly associated with race, color, religion, sex, national origin, familial status, handicap or place of birth. As used in this section, the term "residential real estate- related transaction" means any of the following:
A. The making or purchasing of loans or providing other financial assistance;
B. For purchasing, constructing, improving, repairing, or maintaining a dwelling;
C. Secured by residential real estate.
D. The selling, brokering or appraising of federal property.
(20) Discriminate against any person in the provision of property and casualty, including but not limited to fire, extended coverage, renter's or homeowner's insurance ("insurance") or insurance related to services because of membership in a protected class of a current or prospective purchaser, renter, or occupant, or of other residents in the area or community, by any one or more of the following practices:
A. Making insurance or insurance related services unavailable or making them available on different terms or conditions;
B. Refusing to sell or renew or by canceling insurance or an insurance policy;
C. Varying the terms or conditions under which an insurance policy or insurance related services is available.
D. Establishing different qualifications, requirements or standards for making insurance or insurance related services;
E. Offering different service, facilities or privileges in the provision of insurance or insurance related services;
F. Discouraging potential applicants from applying for insurance, including, but not limited to utilizing different sales and marketing practices, on grounds prohibited under this chapter;
G. Evaluating, settling, or paying insurance claims;
(21) Refusing to consider the combined income of both spouses for the purpose of extending mortgage credit to a married couple or either member thereof:
(22) Refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;
(23) Construct covered multi-family dwellings that do not provide for accessibility and usability for physically disabled persons in compliance with 42 U.S.C. §3604 (f)(3)(C);
(24) Discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under Sections 4112.01 to 4112.07 of the Ohio Revised Code;
(25) Aid, abet, incite, compel or coerce the doing of any act declared by this section be an unlawful discriminatory practice, or obstruct or prevent any person from complying with Sections 4112.01 to 4112.11 of the Ohio Revised Code, 42 U.S.C. §3604 et seq., or any order issued pursuant thereto, or attempt to directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(ORC 4412.02 (H), (I), (J)).
(b) The acts prohibited by this section shall not apply:
(1) To the rental of a housing accommodation in any building which contains housing accommodations for not more than two families living independently of each other if the owner or a member of his/her family resides in one of the housing accommodations; or
(2) To the rental of a portion of the housing accommodation by the occupant thereof, or by the owner of the housing accommodation if he/she or a member of his/her family resides therein. "Family", as used in this paragraph includes spouse, child, parent, grandparent, brother or sister, mother-in-law or father-in-law.
(3) To any religious or denominational institution or organization, or any charitable or educational organization, by or in connection with a religious organization, or any bona fide private or fraternal organization, so as to prohibit such 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 principals or the aims, purposes or fraternal principles for which it is established or maintained.
(c) It shall not be unlawful for a person, firm or corporation to refuse to rent or lease housing accommodations based upon the age or marital status of a prospective occupant or use of such housing if such criterion is uniformly applied to all occupants or users of such housing.
(Ord. 21-89. Passed 3-17-21.)