Sec. 10-20. Definitions. back to top
As used in this article, the following terms shall have the respective meanings ascribed to them:
Discrimination: Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person because of race, color, religion, national origin, sex, or age between 40 and 65, or the aiding, abetting, inciting, coercing or compelling thereof.
Financial institution: Bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed by or acting on behalf of any of these.
Housing accommodations: Includes improved and unimproved property and means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied as the home or residence of one or more individuals.
Real estate broker or real estate salesman: An individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds such person's self out as engaged in such activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate, or who is engaged in business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby such person undertakes to promote the sale, purchase, exchange, rental, or lease of real estate through a listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
Real estate operator: Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entity, the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these.
Real property: Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above.
(Ord. of 6-12-78, Art. I, §§ 2--7)
Sec. 10-21. Unlawful housing practices--Enumerated. back to top
It is an unlawful practice for a real estate operator, or for a real estate broker, real estate salesman, or an individual employed by or acting on behalf of any of those:
(1) To refuse to sell, exchange, rent or lease, or to otherwise deny to or withhold, real property from an individual because of such individual's race, color, religion, or national origin;
(2) To discriminate against an individual because of such individual's race, color, religion, or national origin in the terms, conditions, or privileges of the sale, exchange, rental or lease of real property or in the furnishing of facilities or services in connection therewith;
(3) To refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual because of such individual's race, color, religion, or national origin;
(4) To refuse to negotiate for the sale, rental or lease of real property to an individual because of such individual's race, color, religion, or national origin;
(5) To represent to an individual that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to refuse to permit an individual to inspect real property because of such individual's race, color, religion or national origin;
(6) To print, circulate, post or mail or cause to be printed, circulated, posted or mailed an advertisement or sign or to use a form of application for the purchase, rental or lease of real property, or to make a record of inquiry in connection with the prospective purchase, rental or lease of real property, which indicates, directly or indirectly, a limitation, specification, or discrimination as to race, color, religion or national origin or an intent to make such a limitation, specification, or discrimination;
(7) To offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of facilities or services in connection therewith because of such individual's race, color, religion, national origin; or
(8) To otherwise deny to or withhold real property from an individual because of such individual's race, color, religion or national origin.
(Ord. of 6-12-78, Art. II, § 1)
Sec. 10-22. Same--Exemptions. back to top
Nothing in section 10-21 shall apply:
(1) To the rental of housing accommodations in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of the owner's family resides in one of the housing accommodations;
(2) To the rental of a portion of a housing accommodation by the occupant of the housing accommodation, or by the owner of the housing accommodations if the owner or a member of the owner's family resides therein;
(3) To a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association, or society, to the extent that the religious corporation, association, or society, limits, or gives preferences in, the sale, lease, rental, assignment, or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society, limits, or gives preferences in, the sale, lease, rental, assignment, or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained;
(4) To the private sale by a private individual homeowner who disposes of such owner's property without the aid of any real estate operator, broker or salesman and without advertising or public display; or
(5) To a real estate operator to require such operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(Ord. of 6-12-78, Art. II, § 2)
Sec. 10-23. Unlawful financial practices. back to top
It is an unlawful practice for a financial institution or an individual employed by or acting on behalf of a financial institution:
(1) To discriminate against an individual because of the race, color, religion, or national origin of the individual or the present or prospective owner, tenant or occupant of the real property or of a member, stockholder, director, officer, employee, or representative of any of these, in the granting, withholding, extending, modifying or renewing, the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith; or
(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly a limitation, specification, or discrimination.
(Ord. of 6-12-78, Art. III, § 3)
Sec. 10-24. Blockbusting. back to top
It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which any such person may benefit financially:
(1) To represent that a change has occurred or will or may occur in the composition with respect to race, color, religion or national origin of the owners or occupants in the block, neighborhood, or area in which the real property is located; or
(2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located.
(Ord. of 6-12-78, Art. II, § 4)
Sec. 10-25. Agency no defense. back to top
It shall be no defense to a violation of this article by a real estate operator, real estate broker, real estate salesman, financial institution, or other person subject to the provisions of this article that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this article.
(Ord. of 6-12-78, Art. II, § 5)
Secs. 10-26--10-40. Reserved. back to top