Chapter 7.08
PROHIBITED ACTS GENERALLY
Sections:
7.08.010 Advertisements, signs, notices.
7.08.020 Appraising/insurance.
7.08.030 Deceive or overcharge.
7.08.040 Differential treatment.
7.08.050 Discriminatory terms.
7.08.060 Discrimination in membership or services.
7.08.080 Inducement of sale or rental, misrepresentation.
7.08.090 Interference, coercion, or intimidation.
7.08.110 Reserved.
7.08.140 Qualification criteria.
7.08.150 Refusal to negotiate, deal, sell or rent.
7.08.170 Restrictive covenants.
7.08.180 Reserved.
7.08.190 Reserved.
7.08.210 Varying rents/sale price.
7.08.220 Withholding dwellings.
7.08.010 Advertisements, signs, notices.
It shall be unlawful to make, print, circulate, or publish, or cause to be made, printed, or published, any written or oral notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry, or an intention to make such preference, limitation or discrimination. Discriminatory notices, statements and advertisements include, but are not limited to:
A. Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry.
B. Expressing to agents, brokers, employees, prospective sellers or renters or any other person a preference for or limitation on any purchase or renter because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry of such persons.
C. 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 race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry.
D. Refusing to publish advertising for the sale or rental of dwellings, or requiring different charges or terms for such advertising because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.020 Appraising/insurance.
It shall be unlawful to discriminate in the appraisal of the value of real estate or in the sale of insurance in connection with a real estate transaction because of the race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry of the person. (Ord. 94-23 § 1, 1994)
7.08.030 Deceive or overcharge.
It shall be unlawful to discriminate by deceiving or overcharging any person for real property in the village or to make any distinction or restriction against any person as to the conditions or privileges of any kind relating to the sale, rental, lease or occupancy of real property because of the race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry of the individual. (Ord. 95-8 § 3, 1995; Ord. 94-23 § 1, 1994)
7.08.040 Differential treatment.
It shall be unlawful to make any differential treatment toward any prospective seller, or purchaser, or tenant because of that person’s race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry or that of the persons in the area in which that property is located. (Ord. 94-23 § 1, 1994)
7.08.050 Discriminatory terms.
It shall be unlawful to 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 therewith, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.060 Discrimination in membership or services.
It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 95-8 § 4, 1995; Ord. 94-23 § 1, 1994)
7.08.070 Eviction.
It shall be unlawful to evict tenants because of their or their guest’s race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.080 Inducement of sale or rental, misrepresentation.
It shall be unlawful to, for profit, induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. Prohibited actions under this section include, but are not limited to:
A. Engaging for profit in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in persons of a particular race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry, in order to encourage persons to offer a dwelling for sale or rental.
B. Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of a person or persons of a particular race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other services or facilities.
C. Soliciting or entering into any agreement for the sale, lease or listing for sale or lease of any real property within the village on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry.
D. Distributing or causing to be distributed written material or statements designed to induce any person to sell or lease real property because of the alleged or actual or because of any present or prospective change in the race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry of persons in the municipality or neighborhood.
E. Making any misrepresentation concerning the listing for sale or the anticipated listing for sale or the sale of any real property for the purpose of inducing or attempting to induce the sale or listing for sale of any real property by representing that the presence or anticipated presence of any persons of any particular race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry in the area will or may result in the lowering of real property values in the block, neighborhood or area in which the property is located. (Ord. 94-23 § 1, 1994)
7.08.090 Interference, coercion, or intimidation.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this title. (Ord. 94-23 § 1, 1994)
7.08.100 Lending.
It shall be unlawful to discriminate, in connection with borrowing or lending money, guaranteeing or purchasing loans, accepting mortgages, or otherwise financing the purchase, construction, improvement, repair or maintenance of a dwelling, or the making or purchasing of loans or the provision of other financial assistance, secured by residential real estate, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. Such discrimination includes, but is not limited to, denying or delaying of the processing of a loan or other financial assistance, making a transaction unavailable, varying the terms or conditions, or otherwise discriminating in the fixing of the amount, interest rate, duration or other terms or conditions of a loan or other financial assistance because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 95-8 § 5, 1995; Ord. 94-23 § 1, 1994)
7.08.110 Reserved.
7.08.120 Listings.
It shall be unlawful to enter into a listing agreement which discriminates against any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.130 Participation.
It shall be unlawful to act or undertake to act as a real estate broker, salesperson, or agent with respect to any dwelling, the disposition of which requires said person to participate in discrimination. (Ord. 94-23 § 1, 1994)
7.08.140 Qualification criteria.
It shall be unlawful to use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.150 Refusal to negotiate, deal, sell or rent.
It shall be unlawful to refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.160 Restrictions.
It shall be unlawful to perform any act of discrimination with the intention or effect of restricting or limiting the using choice of any person. (Ord. 94-23 § 1, 1994)
7.08.170 Restrictive covenants.
It shall be unlawful and a violation of this chapter for any person:
A. To make or enter into an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, sale, lease, or rental thereof because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry.
B. To make or enter into a condition, restriction or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry.
C. To insert in a written instrument relating to real property a provision which violates the purpose and declaration of this chapter or to honor or attempt to honor such a provision in the chain of title. (Ord. 95-8 § 6, 1995; Ord. 94-23 § 1, 1994)
7.08.180 Reserved.
7.08.190 Reserved.
7.08.200 Steering.
It shall be unlawful to restrict or attempt to restrict because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry the choices of a person by words or acts in connection with buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. Prohibited actions under this section, which are generally referred to as unlawful steering practices, include but are not limited to the following:
A. Discouraging any person from inspecting, purchasing or renting a dwelling because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry; or because of the race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry of persons in a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
B. Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
C. Communicating to any prospective purchaser or renter that he or she would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
D. Assigning any person to a particular section of a community, neighborhood, or development, or to a particular floor of a building, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
E. Failing to inform any person of available housing opportunities in a particular section of a community, neighborhood, or development, or in a particular building or particular floor of a building, because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. (Ord. 94-23 § 1, 1994)
7.08.210 Varying rents/sale price.
It shall be unlawful to impose different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry. (Ord. 94-23 § 1, 1994)
7.08.220 Withholding dwellings.
It shall be unlawful to represent to any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available. (Ord. 94-23 § 1, 1994)
7.08.230 Other violations.
It shall be an unlawful real estate practice and violation of this section for any person:
A. To aid, abet, incite or coerce a person to engage in an unlawful practice;
B. To deliberately and knowingly refuse examination of copies of any listing of real property in Riverdale to any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry;
C. To enter into a listing agreement which prohibits the inspection, sale, lease or occupancy of real property to any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry;
D. To act or undertake to act with respect to any real property the disposition of which is prohibited to any person because of race, color, religion, sex, physical or mental disability, familial status, national origin, creed, marital status, unfavorable military discharge, sexual orientation, age or ancestry;
E. To willfully interfere with the performance of a duty or the exercise of a power by the commission or one of its members or representatives; or
F. To willfully obstruct or prevent a person from complying with the provisions of this chapter or an order issued thereunder. (Ord. 94-23 § 1, 1994)