As used in this division:
Commission.
The city commission of human relations and equal opportunity.
Dwelling.
Any building, structure, or portion thereof which is occupied
as, or designed and intended for occupancy as, a residence by one
(1) or more families, and vacant land which is offered for sale or
leased for the construction or location thereon of any such building,
structure or portion thereof.
Family.
Includes a single individual.
Officer.
The individual designated human relations and equal opportunity
officer by the mayor.
Person.
Includes one (1) or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy, receivers, fiduciaries, and any other organization
or entity of whatever character.
To rent.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(2001 Code, sec. 4.202)
Except as exempted by section
1.12.036, it shall be unlawful:
(1) 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, color, sex, religion
or national origin.
(2) 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, sex, religion
or national origin.
(3) 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, sex, religion or national origin,
or any intention to make any such preference, limitation or discrimination.
(4) To
represent to any person because of race, color, sex, religion or national
origin that any dwelling is not available for inspection, sale or
rental when such dwelling is in fact so available.
(5) For
profit, or with the hope or expectation of profit, to induce or attempt
to induce any person to sell or rent any dwelling by representations
regarding the entry into the neighborhood of a person or persons of
a particular race, color, sex, religion or national origin.
(2001 Code, sec. 4.203)
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 therefor for the purpose of purchasing, constructing,
improving, repairing or maintaining a dwelling, or to discriminate
against such person 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, sex, religion or national origin of such
person or of any person associated with him or her 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.
(2001 Code, sec. 4.204)
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
such person in the terms or conditions of such access, membership,
or participation, on account of race, color, sex, religion, or national
origin.
(2001 Code, sec. 4.205)
There shall be exempted from the application of section
1.12.033:
(1) Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three (3) such single-family houses, wherever located, at any one (1) time; provided further that, in the case of the sale of 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 (1) such sale within any twenty-four (24) 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/her 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 (3) such single-family houses at any one (1) time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this division only if such house is sold or rented (i) 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 (ii) without the publication, posting or mailing of any advertisement or written notice in violation of section
1.12.033(3) hereof; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
(2) The
rental of rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four (4) families living
independently of each other if the owner actually maintains and occupies
one (1) of such living quarters as his or her residence.
(3) Nothing
in this division 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, sex, religion or national origin.
(2001 Code, sec. 4.206)
If the commission shall determine that a discriminatory housing
practice has occurred, and if a hearing before the commission on the
complaint alleging such violation has been waived or if the commission
has held a hearing and the efforts of the commission to secure voluntary
compliance have been unsuccessful, the commission shall cause the
officer to certify in writing to the city attorney that such discriminatory
housing practice has occurred and request the city attorney to forthwith
prosecute such violation in the municipal court.
(2001 Code, sec. 4.210)
The commission and the officer are authorized and encouraged
to cooperate with the Secretary of Housing and Urban Development pursuant
to the provisions of title VIII, Fair Housing Act of 1968, Public
Law 90-284, as amended, and may render such services to the Secretary
as they shall deem appropriate to further the policies of this division
and may accept reimbursement from the secretary for services rendered
to assist him in carrying out the provisions of the above-cited federal
law.
(2001 Code, sec. 4.212)
It shall be unlawful for any person, whether or not acting under
color of law, by force or threat of force to willfully injure, intimidate,
or interfere with, or attempt to injure, intimidate or interfere with:
(1) Any
person because of race, color, sex, religion or national origin and
because he/she is or has been selling, purchasing, renting, financing,
occupying, or contracting or negotiating for the sale, purchase, rental,
financing or occupation of any service, organization or facility relating
to the business of selling or renting dwellings;
(2) Any
person because he/she is or has been, or in order to intimidate such
person or any other person or class of persons from:
(A) Participating, without discrimination on account of race, color,
sex, religion or national origin, in any of the activities, services,
organizations or facilities described in subsection (1) above; or
(B) Affording another person or class of person opportunity or protection
to so participate; or
(3) Any person because he/she 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, color, sex, religion or national origin, in any of the activities, services, organizations or facilities described in subsection
(1) above, or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity to so participate.
(2001 Code, sec. 4.213)