Zoneomics Logo
search icon

West Carrollton City Zoning Code

CHAPTER 155

FAIR HOUSING PRACTICES

§ 155.01 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DISCRIMINATE or DISCRIMINATION. Any distinction or difference in treatment based on the race, color, religion, sex, national origin, or ancestry of a person.
   FAMILY. A spouse, child, parent, grandparent, brother or sister, mother-in-law, or father-in-law.
   FINANCIAL INSTITUTION. Any individual or individuals, partnership, associations, organizations, trustees, corporations, agents, legal representatives, receivers, or other organized groups of persons regularly engaged in the business of lending money or guaranteeing loans on real property.
   HOUSING ACCOMMODATION. 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 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. Also any housing accommodation 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, or his legal representative.
   INSURER. Any individual or individuals, partnerships, associations, trustees, corporations, agents, legal representatives, receivers, or other organized groups of persons regularly engaged in the business of issuing casualty insurance policies or title insurance policies on real property.
   PERSON. One or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. Also including, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution, and the state, and all political subdivisions, authorities, agencies, boards, and commissions thereof.
   PURCHASER. Any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer, tenant, or prospective tenant.
   REAL ESTATE AGENT. Any real estate broker, real estate salesman, or an agent thereof, or any other person, partnership, association or corporation, who, for consideration, sells, purchases, exchanges, rents, negotiates, offers, or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself out as engaged in the business of selling, purchasing, exchanging, renting, or otherwise transferring any interest in real property.
   RESTRICTIVE COVENANT. Any specification limiting the transfer, rental, lease, or other use of any housing accommodation because of race, color, religion, sex, national origin, or ancestry, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, sex, national origin, or ancestry as a condition of affiliation or approval.
   SELLER. Individuals, partnerships, associations, organizations, trustees, corporations, agents, legal representatives, receivers, and other organized groups of persons that:
      (A)   Sell real property whether improved or unimproved;
      (B)   Lease or rent real property in a single building consisting of one or more housing units.
   STEERING. Any real estate marketing, financing, or advertising practice which limits the choice of a prospective user of housing accommodations due to his race, color, religion, sex, national origin, or ancestry.
   UNLAWFUL DISCRIMINATORY PRACTICE. Any act prohibited by this chapter. (Ord. 2156, passed 9-11-79)

§ 155.02 UNLAWFUL DISCRIMINATORY PRACTICES.

   (A)   It shall be unlawful discriminatory practice, for any real estate agent, seller, or other person:
      (1)   To refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold housing accommodations from any person because of the race, color, religion, sex, national origin, or ancestry of any prospective purchaser, occupant, or user of such housing.
      (2)   To represent to any person that housing is not available for inspection when in fact it is so available.
      (3)   To 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 race, color, religion, sex, ancestry, or national origin of any present or prospective purchaser, occupant, or user of such housing.
      (4)   To print, publish, or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any housing which indicates any preference, limitation, specification, or discrimination based upon race, color, sex, religion, ancestry, or national origin.
      (5)   To make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, sex, ancestry, or national origin in connection with the sale or lease of any housing, except where required or permitted by the government of the United States or any department or agency thereof, or by the State of Ohio or any department or agency thereof, or by any court of competent jurisdiction.
      (6)   To include in any transfer, rental, or lease of housing any restrictive covenant, or to honor or exercise, or attempt to honor or exercise, any such restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision.
      (7)   To induce or solicit or attempt to induce or solicit a housing listing, sale, or transaction by representing 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 that the presence or anticipated presence of persons of any race, color, religion, sex, ancestry, or national origin, 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, or ethnic composition of the block, neighborhood, or area in which the property is located;
         (c)   An increase in criminal or antisocial behavior in the area;
         (d)   A decline in the quality of the schools serving the area;
      (8)   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 housing accommodations, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, national origin, or ancestry.
   (B)   It shall be unlawful discriminatory practice, for any financial institution or other person:
      (1)   To refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing or to otherwise withhold financing of housing from any person because of the race, color, religion, sex, ancestry, or national origin of any present or prospective purchaser, occupant, or user of such housing, provided such person, whether an individual corporation, or association of any type, lends money as one of the principal aspects of his business or incidental to his principal business and not only as a part of the purchase price of an owner-occupied residence he is selling nor merely casually or occasionally to a relative or friend.
      (2)   To 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 the race, color, religion, sex, ancestry, or national origin of any present or prospective owner, occupant, or user of such housing.
      (3)   To print, publish, or circulate any statement or advertisement relating to the 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 upon race, color, religion, sex, ancestry, or national origin.
      (4)   To make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, sex, ancestry, or national origin in connection with the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing, except where required or permitted by the government of the United States or any department or agency thereof, or by the State of Ohio or any department or agency thereof, or by any court of competent jurisdiction.
   (C)   It shall be unlawful discriminatory practice, for any insurer or other person:
      (1)   To discriminate in the issuance, insuring, extending, granting, or renewing or in the fixing of rates, premiums, terms, or conditions of any casualty insurance policy or title insurance policy for the sale, purchase, rental, leasing, or construction of any real property or improvement thereon.
      (2)   To make an inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, sex, ancestry, or national origin in connection with any casualty insurance policy or title insurance policy for the sale, purchase, rental, leasing or construction of any real property or improvement thereon, except where required or permitted by the government of the United States or any department or agency thereof, or by the State of Ohio or any department or agency thereof, or by any court of competent jurisdiction.
   (D)   It shall be unlawful discriminatory practice, for any person:
      (1)   To coerce, 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 his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.
      (2)   To, by force or threat of force, willfully injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with:
         (a)   Any person because of his race, color, religion, sex, national origin, or ancestry and because he 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 he 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, color, religion, sex, national origin, or ancestry, in any of the activities, services, organizations, or facilities described in division (a) above;
            2.   Affording another person or class of persons opportunity or protection so to participate.
         (c)   Any person because he 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, religion, sex, national origin, or ancestry, in any of the activities, services, organizations, or facilities described in division (a) above, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
      (3)   To discriminate in any manner against any other person because he has opposed any unlawful practice defined in this section, or because he has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this chapter.
      (4)   To aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with the provisions of this chapter, or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
      (5)   To make or cause to be made, with intent to mislead, any false entry or statement of fact in any report, account, record, or other document submitted to any public official, board, or commission, authorized by statute or ordinance to investigate unlawful discriminatory practices. No person shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records, or other documents submitted to such public official, board, or commission. (Ord. 2156, passed 9-11-79)

§ 155.03 EXCEPTIONS.

   (A)   However, nothing in this chapter shall bar any religious or denominational institution or organization, or any charitable or educational organization, which is operated, supervised, or controlled by or in connection with a religious organization, or any bona fide private or fraternal 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 principles or the aims, purposes, or fraternal principles for which it is established or maintained.
   (B)   Provided further that the prohibitions contained in this chapter shall not apply to the rental of a portion of the housing accommodation by the occupant thereof.
   (C)   Nothing in this chapter shall require an order to offer property for sale, lease, or rental to any person if the owner has any reason to believe that such person is not negotiating for the purchase, rental, or lease of such property in good faith.
   (D)   No person shall knowingly and intentionally induce and entrap another to commit a violation of this chapter not contemplated by him for the purpose of instituting prosecution against him. (Ord. 2156, passed 9-11-79)

§ 155.99 PENALTY.

   Whoever violates any provision of this chapter is guilty of an unlawful, discriminatory practice, a misdemeanor of the third degree. Penalty, see § 130.99