§ 9.3-23. Unlawful housing practices.  


Latest version.
  • (a)

    Sale or rental and advertising in connection therewith. Except as provided in section 9.3-24 hereof, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate transaction, or for a real estate broker, as defined in this article, because of race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap, or age:

    (1)

    To refuse to engage in a real estate transaction with a person or otherwise make unavailable or rent housing to any person;

    (2)

    To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith, or because of such person's exercise of his or her right to free association;

    (3)

    To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

    (4)

    To refuse to negotiate for a real estate transaction with a person;

    (5)

    To represent to a person that housing is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to such person's attention, or to refuse to permit him or her to inspect the housing;

    (6)

    To steer any person away from or to any housing;

    (7)

    To make, print, publish, circulate, post, mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record or oral written inquiry in connection with a prospective real estate transaction, which indicates directly or indirectly an intent to make a limitation, specification, or discrimination with respect thereto;

    (8)

    To offer, solicit, accept, use or retain a listing of housing with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

    (9)

    To induce or attempt to induce any person to transfer an interest in any housing by representation regarding the existing or potential proximity of housing owned, used or occupied by any person protected by the terms of this article;

    (10)

    To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental or the sale or rental of any housing in any area in the county for the purpose of inducing or attempting to induce any such listing or any of the above transactions;

    (11)

    To retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this article;

    (12)

    To aid, abet, incite, compel, or coerce any person to engage in any of the practices prohibited by the provisions of this article, or to obstruct or prevent any person from complying with the provisions of this article, or any conciliation agreement entered into thereunder;

    (13)

    By canvassing to compel any unlawful practices prohibited by the provisions of this article;

    (14)

    Otherwise to deny to, or withhold, any housing accommodations from a person;

    (15)

    To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, or otherwise dispose of any housing by referring as a part of a process or pattern of inciting neighborhood unrest, community tension, or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood, or any other area, to the race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age, of actual or anticipated neighbors, tenants or other prospective buyers of any housing;

    (16)

    To cause to be made any untrue or intentionally misleading statement or advertisement, or in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, ancestry, national origin, religious, sex, marital status, familial status, handicap, or age, or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of any housing for sale, rental, assignment, transfer or other disposition where such statement, advertisement or other representation is false or materially misleading, or where there is sufficient basis to judge its truth or falsity to warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said housing;

    (17)

    To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer or other disposition.

    (b)

    Financing. It shall be unlawful and a discriminatory housing practice for any lending institution, as defined herein, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining housing, or to discriminate against such person in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap, or age of such person or of any person associated with such person in connection with such loan or other financial assistance or for purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing in relation to which such loan or other financial assistance is to be made or given; provided, that nothing contained in the subsection shall impair the scope or effectiveness of the exceptions contained in section 9.3-2 of this article.

    (c)

    Brokerage services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization, or other service, or organization, or facility related to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership or participation on account of race, color, national origin, sex, handicap, familial status, or religion.

    (d)

    Physical accessibility. Nothing in section 9.3-24 hereof shall be construed to require any person renting or selling a dwelling to modify, alter, or adjust the dwelling in order to provide physical accessibility except as otherwise required by law.

(Ord. No. 93-14, § 3, 3-9-93)