CHAPTER 15. FAIR HOUSING CODECHAPTER 15. FAIR HOUSING CODE\Article II. Definitions

As used in this Chapter, unless the context otherwise requires:

Discriminatory housing practice- means:

A.    Discrimination in the sale or rental of housing.  Subject to the provisions of 15-301, it shall be unlawful to:

1.    Represent to any person because of race, religion, color, sex, disability, familial status, national origin or ancestry that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

2.    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 or intends to make any preference, limitation or discrimination based on race, religion, color, sex, disability, familial status, national origin or ancestry.

3.    Refuse to sell or rent a dwelling after a bona fide offer is made, fail to transmit a bona fide offer, refuse to negotiate or fail to negotiate in good faith for the sale or rental of a dwelling, or to otherwise make a dwelling unavailable to any person because of race, religion, color, sex, disability, familial status, national origin or ancestry.

4.    Offer less favorable terms, conditions or privileges or provide reduced services or facilities in the sale or rental of a dwelling, because of a person’s race, religion, color, sex, disability, familial status, national origin or ancestry.

5.    Induce or attempt to induce for profit the sale or rental of any dwelling by making representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religion, color, sex, disability, familial status, national origin or ancestry.

6.    Discrimination in the financing of housing.  It shall be unlawful for any person or entity whose business includes engaging in “real estate related transactions”, to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, religion, color, sex, disability, familial status, national origin or ancestry of such person or any person associated with such person in connection with any real estate related transaction.

7.    Discrimination in the provision of brokerage services.  It shall be unlawful to deny any person membership, participation or access to any service, organization, or facility designed to assist in the selling, or renting of dwellings; or to impose less favorable terms or conditions on said membership, participation or access because of a person’s race, religion, color, sex, disability, familial status, national origin or ancestry.

Dwelling- means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

Familial status- means a household having one or more individuals less than eighteen (18) years of age domiciled with:

A.    A parent or another person having legal custody of such individual or individuals.

B.    The designee of such parent or other person having such custody, with the written permission of such parent or other person.

Housing for older persons- means housing communities:

A.    Intended for, and at least ninety (90) percent occupied by, at least one person fifty-five (55) years of age or older per unit and providing significant facilities and services specifically designed to meet the physical or social needs of such persons.

B.    Intended for and occupied solely by persons sixty-two (62) years of age or older.

Person- means an individual, corporation, partnership, association, labor organization, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver and fiduciary.

Person aggrieved- means any person who claims to have been injured by a discriminatory housing practice or believes that such person will be injured by a discriminatory housing practice that is about to occur.

Person in the business of selling or renting dwellings- means that the person:

A.    Has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein.

B.    Has, within the preceding twelve (12) months, participated as an agent, other than in the sale of his or her own personal residence, in providing sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein.

C.    Is the owner of any dwelling designed or intended for occupancy by or occupied by five (5) or more families.

Real estate related transaction- means any of the following:

A.    The making or purchasing of loans or providing other financial assistance:

1.    For purchasing, constructing, improving, repairing or maintaining a dwelling.

2.    Secured by real property.

B.    The selling, brokering or appraising of real property.

Real property- means and includes:

A.    All vacant or unimproved land.

B.    Any building or structure which is occupied or designed or intended for occupancy or any building or structure having a portion thereof which is occupied or designed or intended for occupancy.

To rent- means to lease, sublease, let, and otherwise grant for a consideration the right to occupy premises not owned by the occupant.

(Code 2015)