§ 36-52. Discrimination in the sale or rental of housing and prohibited practices.

(a)

It shall be unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any individual because of age, race, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation.

(b)

It shall be unlawful to discriminate against any individual in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation. Prohibited actions under this subsection include, but are not limited to any of the following:

(1)

Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits and the terms of a lease and those relating to down payment and closing requirements, because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation;

(2)

Failing or delaying maintenance or repairs of sale or rental dwellings because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation;

(3)

Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of age, race, color, religion, national origin, disability, marital status, familial status, sex, gender identity or sexual orientation;

(4)

Limiting the use of privileges, services or facilities associated with a dwelling because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation of an owner, tenant or a person associated with him or her; or

(5)

Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because an individual refused to provide sexual favors.

(c)

It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation, or an intention to make any such preference, limitation or discrimination. The prohibitions in this subsection shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling. Discriminatory notices, statements and advertisements include, but are not limited to any of the following:

(1)

Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of individuals because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation;

(2)

Expressing to agents, brokers, employees, prospective sellers or renters or any other individuals a preference for or limitation on any purchaser or renter because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation of such individuals;

(3)

Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation; or

(4)

Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation.

(d)

It shall be unlawful to represent to any individual because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(e)

It is unlawful, for profit, to induce or attempt to induce any individual to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of an individual or individuals of a particular age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation.

(f)

It shall be unlawful, because of age, race, color, religion, national origin, marital status, familial status, disability, sex, personal gender identity or sexual orientation, to restrict or attempt to restrict the choices of an individual by word or conduct in connection with seeking, negotiating for, buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development. Prohibited actions under this subsection that are generally referred to as unlawful steering practices include, but are not limited to any of the following:

(1)

Discouraging any individual from inspecting, purchasing or renting a dwelling because of age, race, color, religion, national origin, disability, marital status, familial status, sex, or sexual orientation, or because of the age, race, color, religion, national origin disability, marital status, familial status, sex, personal gender identity or sexual orientation of individuals in a community, neighborhood or development;

(2)

Discouraging the purchase or rental of a dwelling because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation, by exaggerating drawbacks or failing to inform any individual of desirable features of a dwelling or of a community, neighborhood or development;

(3)

Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation; or

(4)

Assigning any individual to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of age, race, color, religion, national origin, disability, marital status, sex, personal gender identity or sexual orientation.

(g)

It shall be unlawful, because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation, to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to individuals. Prohibited activities relating to dwellings under this subsection include, but are not limited to any of the following:

(1)

Discharging or taking other adverse action against an employee, broker or agent because he or she refused to participate in a discriminatory housing practice;

(2)

Employing codes or other devices to segregate or reject applicants, purchasers or renters, refusing to take or to show listings of dwellings in certain areas because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation, or refusing to deal with certain brokers or agents because they or one or more of their clients are a particular age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation;

(3)

Denying or delaying the process of an application made by a purchaser or renter or refusing to approve such an individual for occupancy in a cooperative or condominium dwelling because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation; or

(4)

Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services or insurance differently because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation.

(h)

The protections afforded under this article against discrimination on the basis of familial status apply to any individual who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(i)

It shall be unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: (i) that buyer or renter; (ii) an individual residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (iii) any person associated with the buyer or renter.

(j)

It shall be unlawful to discriminate against any individual in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: (i) that buyer or renter; (ii) an individual residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (iii) any individual associated with the buyer or renter.

(k)

For purposes of subsections (i) and (j) above, discrimination includes:

(1)

A refusal to permit, at the expense of the disabled individual, reasonable modifications of existing premises occupied or to be occupied by such individual if such modifications may be necessary to afford such individual full enjoyment of the premises; or

(2)

A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such individual equal opportunity to use and enjoy a dwelling.

(l)

Covered multifamily dwellings as defined herein which are intended for first occupancy after July 1, 2011, shall be designed and constructed to have at least one building entrance on the accessible route unless it is impractical to do so because of the terrain or unusual characteristic of the site as determined by FCHR rule. Such buildings shall also be designed and constructed in such a manner that:

(1)

The public use and common use portions of such dwellings are readily accessible to and usable by disabled individuals;

(2)

All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide enough to allow passage by an individual in a wheelchair; and

(3)

All premises within such dwellings contain the following features of adaptive design:

a.

All accessible routes into and through the dwelling;

b.

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c.

Reinforcements in bathroom walls to allow later installation of grab bars; and

d.

Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.

(4)

Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, or as such standards may thereafter be amended, which are sufficient to satisfy the requirements therein.

(5)

State agencies with building construction regulation responsibility for local governments, as appropriate, shall review plans and specifications for the construction of covered multifamily dwellings to determine consistency with this article.

(Ord. No. 2011-17, § I, 5-19-11)