Mentor City Zoning Code
CHAPTER 1175
Fair Housing
1175.01 PURPOSE.
It is hereby declared to be the purpose of this Chapter to provide, within constitutional limitations, for fair housing throughout the City, to assure that all persons have full and equal opportunity to consider all available housing for themselves and their families within the City without being discriminated against on the basis of race, color, religion, sex, military status, ancestry, familial status, disability or national origin.
(Ord. 10-O-79. Passed 9-7-10.)
1175.02 DEFINITIONS.
(b) "Discriminate" or "discrimination" means to separate or segregate persons in a particular manner solely or in part because of race, color, religion, sex, military status, familial status, ancestry, disability or national origin; provided that "discriminate" or "discrimination" shall not include special outreach efforts by or under the authority of units of local government (including agencies, departments and Boards thereof) or non-profit fair housing or community agencies to ensure that persons of minority groups are fully informed of available dwelling opportunities in areas of present or prospective majority group concentration, or to ensure that persons of the majority group are fully informed of available dwelling opportunities in areas of present or prospective minority group concentration.
(c) "Dwelling" means a building or structure, or part thereof, used or designed or intended to be used for residential purposes.
(d) "Lending institution" means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.
(e) "Person" means one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers or fiduciaries, or any other entity.
(f) "Purchase" means to obtain a dwelling through a sale.
(g) "Real estate agent" means a real estate broker or salesperson, or a limited real estate broker or salesperson, as defined in Section 4735.01 of the Ohio Revised Code as currently provided or hereafter amended.
(h) "Rent" or "rental" means to lease, sublease, assign or otherwise grant or obtain the right to occupy a dwelling not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.
(i) "Sale" or "sell" means to convey, exchange, transfer or assign legal or equitable title to, or beneficial interest in, a dwelling in return for consideration, or a contract or option to do any of the foregoing.
(j) "Solicit" or "solicitation" means any conduct by a real estate agent, or an employee or agent thereof, intended to induce the owner of a dwelling within the city to sell, rent, or list the same for sale or rental.
(k) "Unlawful discriminatory practice" means any act prohibited by Section 1175.04 of this Chapter.
(l) "Disabled" means a person who is disabled as defined in Section 4112.01 of the Ohio Revised Code as currently provided or hereafter amended.
(Ord. 10-O-79. Passed 9-7-10.)
1175.03 EXEMPTIONS.
The provisions of this Chapter shall not:
(a) 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, or national origin. Nor shall anything in this Chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(b) Require any person selling or renting property to modify such property in any way or to exercise a higher degree of care for a person having a disability, nor shall this Chapter be construed to relieve any disabled person of any obligation generally imposed on all persons regardless of disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract.
(c) Prohibit restricting the sale or rental of a dwelling on the basis of disability when such a dwelling is authorized, approved, financed, or subsidized in whole or in part for the benefit of persons with a disability by a unit of state, local or federal government.
(Ord. 10-O-79. Passed 9-7-10.)
1175.04 PROHIBITED ACTS.
(a) It is hereby declared to be a discriminatory housing practice and unlawful for any person to:
(1) Refuse to sell, transfer, assign, rent, lease, sublease or finance or otherwise deny or withhold housing accommodations in a dwelling from any person because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin of any prospective owner, occupant, or user of such dwelling;
(2) Represent to any person, because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin that a dwelling is not available for inspection when in fact it is available;
(3) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a dwelling, or otherwise withhold financing of a dwelling from any person, because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin of any present or prospective owner, occupant or user of such dwelling, provided such person lends money as one of the principal aspects or incident to his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she is selling, 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, leasing or subleasing any dwelling, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any dwelling because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin of any present or prospective owner, occupant or user of such dwelling;
(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 a dwelling, because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin of any present or prospective owner, occupant or user of such dwelling;
(6) Refuse to consider, without prejudice, the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof;
(7) Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any dwelling or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a dwelling, which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, military status, familial status, ancestry, disability or national origin;
(8) Include in any transfer, rental or lease of a dwelling any restrictive covenant, based on race, color, religion, sex, military status, familial status, ancestry, disability or national origin, or honor or exercise, or attempt to honor or exercise any such restrictive covenant provided that the prior inclusion of such a restrictive covenant in the chain of title shall not be deemed a violation of this provision;
(9) Induce or solicit, or attempt to induce or solicit a dwelling listing, sale or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the dwelling is located, or induce or solicit, or attempt to induce or solicit, such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, military status, familial status, disability, national origin or ancestry in the area will or may have results such as the following:
A. The lowering of property values;
B. A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the dwelling is located;
C. An increase in criminal or antisocial behavior in the area; or
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' organization or other service, association or facility relating to the business of selling or renting housing accommodations, or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, military status, familial status, ancestry, disability or national origin;
(11) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed, or having aided or encouraged any other person in the exercise 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, or attempt to injure, intimidate, or interfere with:
A. Any person on the basis of race, color, religion, sex, military status, familial status, ancestry, disability or national origin because such person is or has been:
1. Selling, purchasing, renting, financing, occupying, contracting, or negotiating therefor, as to any dwelling;
2. Applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations.
B. Any person because that person is or has been:
1. Participating, without discrimination on account of race, color, religion, sex, military status, familial status, ancestry, disability or national origin, in any of the activities, services, organizations, or facilities described in subsection (a)(12)A. hereof;
2. Affording another person or class of persons opportunity or protection to so participate.
C. Any person because that person is or has been participating 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.
D. Any person because that person is or has been lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, military status, familial status, ancestry, disability or national origin, in any of the activities, services, organizations, or facilities described in subsection (a)(12)A. hereof.
(13) Discourage or attempt to discourage the purchase by a prospective purchaser of a dwelling by representing that any block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area;
(14) Discriminate against any person because of the race, color, religion, sex, military status, familial status, disability, national origin or ancestry in appraising the value of any dwelling in connection with the sale or rental of such dwelling.
(b) Whoever violates any of the provisions of this Section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 501.99 of the Codified Ordinances. (Ord.10-O-79. Passed 9-7-10.)
1175.05 PROHIBITION AGAINST REAL ESTATE STEERING.
(a) No person who receives or expects to receive pecuniary gain from the sale or rental of housing accommodations shall:
(1) Influence or attempt to influence any other person who purports or represents himself or herself to be a prospective purchaser, occupant or tenant of housing accommodations by referring to race, color, religion, sex, military status, familial status, ancestry, disability or national origin of the occupants or prospective occupants of other housing accommodations in the neighborhood;
(2) Influence or attempt to influence, by any words, acts or failure to act, any person who purports or represents himself or herself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations, in connection with the sale or rental of housing accommodations, so as to promote or tend to promote the continuance or maintenance of segregated housing or so as to retard, obstruct or discourage integrated housing on or in any street, block or neighborhood; or
(3) Discriminate against any person who purports or represents himself or herself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of housing accommodations or in the furnishing of information, services or facilities relative thereto, because of the race, color, religion, sex, military status, familial status, ancestry, disability or national origin of any person.
(b) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the third degree for each subsequent offense. Punishment shall be as provided in Section 501.99 of the Codified Ordinances.
(Ord. 10-O-79. Passed 9-7-10.)
1175.06 POSTING OF NOTICES.
(a) All real estate brokers and agents and all persons who operate or manage a dwelling with more than four (4) dwelling units shall post in a conspicuous location in those areas of their places of business located within the City where prospective purchasers, sellers or renters normally make inquiries, and where the terms of a sale or rental are normally negotiated, a notice which contains the following language, printed on a light-colored background, in not less than fourteen-point type:
IT IS A VIOLATION OF THE MENTOR FAIR HOUSING LAW, IN CONNECTION WITH ANY HOUSING ACTIVITY, TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, MILITARY STATUS, FAMILIAL STATUS, ANCESTRY, DISABILITY, OR NATIONAL ORIGIN.
FOR MORE INFORMATION, CONTACT THE CITY OF MENTOR FAIR HOUSING ADMINISTRATOR AT 440-974-5755.
(b) Whoever violates any of the provisions of this Section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent. Punishment shall be as provided in Section 501.99 of the Codified Ordinances.
(Ord. 10-O-79. Passed 9-7-10.)
1175.07 LEGAL REMEDIES.
This chapter shall not prevent the City or any person exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court of law or equity. If a court determines that there has been a violation of this chapter, it may award compensatory damages and, where appropriate, punitive damages and attorney's fees. The court may also order such other relief as it deems appropriate.
(Ord. 10-O-79. Passed 9-7-10.)
1175.08 APPLICATION OF CHAPTER.
This chapter shall apply to all housing accommodations located within the territorial limits of the City.
(Ord. 10-O-79. Passed 9-7-10.)
CODIFIED ORDINANCES OF MENTOR