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154-13{6} GENDER IDENTITY AND EXPRESSION

GENDER IDENTITY AND EXPRESSION Include a person's actual or perceived gender-related identity, self-image, appearance, behavior, expression, or other gender-related characteristic regardless of whether the gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the sex assigned to that person at birth, including, but not limited to the status of being transgender.

154-13{7} HOUSING

HOUSING Any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living quarters.

154-13{8} LANDLORD

LANDLORD An owner, lessor, sublessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease housing constructed, or to be constructed, or any agent or employee thereof.

154-13{9} MAJOR LIFE ACTIVITIES

MAJOR LIFE ACTIVITIES For purposes of this section, include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include the operation of a bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

154-13{10} MARITAL STATUS

MARITAL STATUS Single, married, divorced, separated or widowed.

154-13{11} MILITARY STATUS

MILITARY STATUS A person's participation in the United States military or the military of a state.

154-13{12} NATIONAL ORIGIN

NATIONAL ORIGIN Ancestry, birthplace, culture, or language.

154-13{13} PERSON

PERSON Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, fiduciaries, receivers, and trustees.

154-13{14} REASONABLE ACCOMMODATION

REASONABLE ACCOMMODATION A change, exception, or adjustment to a rule, policy, practice, or service necessary for a person with a disability to have equal access to and enjoyment of housing, including public and common areas.

154-13{15} RENT

RENT To lease or sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant.

154-13{16} SEXUAL ORIENTATION

SEXUAL ORIENTATION An individual's actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality.

154-13{17} SOURCE OF INCOME

SOURCE OF INCOME The term "lawful source of income" shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance, including, but not limited to, Section 8 vouchers, or any other form of housing assistance or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income.

154-13{18} THERAPY DOG OR CAT

THERAPY DOG OR CAT Any dog or cat that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes, personal residences, and other settings and is actually used for such purpose, or any dog or cat during the period such dog or cat is being trained or bred for such purpose.

§ 154-14 Rights of landlords.

This article does not prohibit a landlord from refusing to rent housing to a person if one or more of the following conditions are met: A. The person's source of income is unstable, or insufficient to pay the rent, or the source of said income is from an unlawful source; or B. The tenant has been unable to make timely rental payments in all or part of the preceding 18 months; or C. The person has been the source of past complaints from neighbors in all or part of the preceding 18 months, except where those complaints can be reasonably attributed to harassment or discriminatory intent; or D. The person intends to occupy the housing with a larger number of persons than can be accommodated under occupancy standards established by law; or E. For any oth...

§ 154-15 Promotion of fair housing goals.

Within 120 days of the effective date of this article, all landlords owning rental units within the City of Buffalo, and all real estate offices within the City of Buffalo selling residential housing, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials and to display in rental or real estate offices a public notice of equal opportunity in housing.

§ 154-16 Notification to multiple dwelling owners.

Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129-6 shall also complete a certification before said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo and has received a copy of said ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.

§ 154-17 Unlawful discriminatory practices.

It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following: A. Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing because of race, creed, color, national origin, sex, disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. B. Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability or reliance upon a therapy...

§ 154-18 Exemptions.

The provisions of this article shall apply to all housing within the City of Buffalo as well as land zoned for residential uses except the following: A. The rental of housing on a parcel that contains housing for not more than three households living independently, if the owner resides in one of the dwelling units, or the rental of housing on a parcel that contains more than one residential dwelling in which no dwelling is for more than three households or less living independently, if the owner resides in one of the dwelling units; B. The restriction of the rental of rooms in housing to persons of the same sex; C. The rental of a room or rooms in housing designed in such a way that the occupants would be required to share part of their living quarter...

§ 154-19 Enforcement.

A. The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and/or refer complaints under this article to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. B. Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this article within one year from the date of the occurrence. Such complaint shall be in writing, and shall state the name and address of the person alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information and in such form as required by the Fair Housing Officer. C. ...

§ 154-20 Penalties for offenses.

A. Upon certification by the Fair Housing Officer that there has been an affirmative finding of reasonable cause of discriminatory practice, the Fair Housing Officer may: (1) Request the Corporation Counsel to file an action in the name of the City of Buffalo against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: (a) A fine not exceeding $2,500 for the first instance of discrimination in violation of this article; plus, a fine not exceeding $5,000, for each finding of a subsequent act of discrimination in violation of this article. Each act of discrimination shall be considered a separate offense; and/or (b) Subsequent violation. Any person found to have previously violated this article s...