§ 70-35. Unlawful housing practices.

(a)

Sale or rental. Except as provided in section 70-36, 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, because of race, color, national origin, religion, sex, familial status, or handicap to:

(1)

Refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny a dwelling to any person.

(2)

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 his exercise of his right of free association.

(3)

Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.

(4)

Refuse to negotiate for a real estate transaction with a person.

(5)

Represent to a person that a dwelling 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 his attention, or to refuse to permit him to inspect the dwelling.

(6)

Make, print, publish or circulate, post or 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 or 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 based upon race, color, religion, sex, familial status or national origin.

(7)

Offer, solicit, accept, use or retain a listing of a dwelling 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.

(8)

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 dwelling in any area in the unincorporated area of the county for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes.

(9)

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.

(10)

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.

(11)

By canvassing, compel any unlawful practices prohibited by the provisions of this article.

(12)

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, transfer; or otherwise dispose of any dwelling by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious, nationality, family composition, or ethnic change in any street, block, neighborhood, or any other area, to the race, color, religion, familial status, or national origin of actual or anticipated neighbors, tenants or other prospective buyers of any dwelling.

(13)

Cause to be made any 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, religious, family composition, nationality or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of any dwelling for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading, or where there is insufficient basis to judge its truth or falsity or 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 dwelling.

(14)

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

(15)

Discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

c.

Any person associated with the buyer or renter.

(16)

Discriminate against any person 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 handicap of:

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

c.

Any person associated with the buyer or renter.

(17)

For purposes of subsections (15) and (16) of this section, discrimination includes:

a.

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

b.

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

(18)

Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site as determined by administrator rule. Such buildings shall also be designed and constructed in such a manner that:

a.

The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons.

b.

All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair.

c.

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

1.

An accessible route into and through the dwelling.

2.

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

3.

Reinforcements in bathroom walls to allow later installation of grab bars.

4.

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

d.

Compliance with the appropriate requirements of the American National Standards Institute for building and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of subsection (18)c.4. of this subsection.

(b)

Block busting. It shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate transaction for which he may benefit financially to:

(1)

Represent that a change has occurred or will or may occur in the composition, with respect to race, color, national origin, religion, sex, familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the dwelling is located.

(2)

Represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the dwelling is located.

(3)

Make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any dwelling in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family composition, or ethnic composition of such block or neighborhood or area.

(4)

Engage in, or hire to be done, or to conspire with others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any dwelling.

(5)

For profit, induce or attempt to induce any person to sell or not sell, or rent or not rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person protected by the provisions of this article.

(c)

Financing. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him 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, national origin, religion, sex, familial status, or handicap of such person or of any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which such loan or other financial assistance is to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in section 70-36.

(1)

It is unlawful for any person or entity whose business includes engaging in residential real estate 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, color, national origin, sex, handicap, familial status, or religion.

(2)

As used in this subsection, the term residential real estate transaction means any of the following:

a.

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

1.

For purchasing, construction, improving, repairing, or maintaining a dwelling; or

2.

Secured by residential real estate.

b.

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

(d)

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 broker's organization or other service, organization, or facility related to the business of selling, or renting dwellings, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, national origin, religion, sex, familial status, or handicap.

(Ord. No. 86-74, § 3; Ord. No. 86-89, § 3; Ord. No. 92-9, § 3)