For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   HOUSING ACCOMMODATIONS. Includes any building or structure or portion thereof which is used or occupied or is intended, arranged, or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups, or families whether or not living independently of each other, and any vacant land offered for sale or lease, including land offered for use as a trailer park and sites offered for mobile homes. It also includes any housing accommodations held or offered for sale or rent by a real estate broker, salesman, or agent, or by any other person pursuant to authorization of the owner, by the owner himself, herself or his or her legal representative.

(1980 Code, § 153.01) (Ord. 3920, passed 12-3-1979; Am. Ord. 7557, passed 6-5-2006; Am. Ord. 7905, passed 8-17-2009; Am. Ord. 8933, passed 6-7-2021)

   It shall be unlawful for any person to:

   (A)   Fail or refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold housing accommodation from any person because of the actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information of any prospective owner, occupant, or user of such housing;

   (B)   Represent to any person because of the actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information t of any prospective owner, occupant, or user of such housing, that housing is not available for inspection, sale, transfer, assignment, rental, lease, or sublease, when in fact it is so available;

   (C)   Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, or subleasing any housing or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any housing because of the actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information of any present or prospective owner, occupant, or user of such housing;

   (D)   Discriminate against any person in the terms of 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 the actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information of any present or prospective owner, occupant, or user of such housing;

   (E)   Print, publish, circulate, advertise, or publicize any statement, notice, or advertising relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any housing or loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing which indicates any preference, limitation, specification, or discrimination based on a person’s actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information;

   (F)   Except where required or permitted by the government of the United States or any department or agency thereof, or by the state or any department or agency thereof, 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 a person’s actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information 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;

   (G)   Induce or solicit, or attempt to induce or solicit, a housing listing, sale, or transaction by representing directly or indirectly, that a change has occurred or may occur with respect to the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located, or induce or solicit, or attempt to induce or solicit, such sale or listing by representing, directly or indirectly, that the presence or anticipated presence of persons of any actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information in the area will or may have results such as the following:

      (1)   The lowering of property value;

      (2)   A change in the racial, religious, or ethnic composition of the block, neighborhood, school district, or area in or near which the property is located; or

      (3)   An increase in criminal or antisocial behavior in the area;

   (H)   Coerce, intimidate, threaten, or interfere with any person in the exercise of enjoyment of or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section;

   (I)   Whether or not acting under color of law, by force or threat of force willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with:

      (1)   Any person because of such person’s actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information 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;

      (2)   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:

         (a)   Participating, without discrimination on account of the person’s actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information in any of the activities, services, organizations, or facilities described herein; or

         (b)   Affording another person or class of persons opportunity or protection so to participate;

   (J)   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 a change with respect to the racial, religious, or ethnic composition of the block, neighborhood, school district, or area;

   (K)   Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold a burial lot from any person because of the actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status, source of income or genetic information of any prospective owner or user of such lot; and

   (L)   Engage in any act of steering as defined in § 153.01.

(1980 Code, § 153.02) (Ord. 3920, passed 12-3-1979; Am. Ord. 7557, passed 6-5-2006; Am. Ord. 8933, passed 6-7-2021) Penalty, see § 153.99