§ 914-3. Housing Discrimination Prohibited.

(A)

It shall be an unlawful discriminatory practice for a person to discriminate:

(1)

In the sale, transfer, assignment, rental, lease, sublease, or financing of housing accommodations or otherwise deny or withhold housing accommodations from any prospective owner, occupant, or user of such housing accommodations.

(2)

By representing to any person that housing accommodations are not available for inspection when they are available.

(3)

By refusing to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations or otherwise withhold financing of housing accommodations from any present or prospective owner, occupant, or user of such housing accommodations, provided such person lends money as one of the principal aspects of his business or incident to his principal business and not only as a part of the purchase price of an owner-occupied residence he is selling nor merely casually or occasionally to a relative or friend.

(4)

In the terms or conditions of sale, transfer, assignment, rental, lease, or sublease of any housing accommodations or in furnishing facilities, services, or privileges in connection with the ownership, occupancy or use of any housing accommodations of any present or prospective owner, occupant, or user of such housing accommodations.

(5)

In the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodations of any present or prospective owner, occupant, or user of such housing accommodations.

(6)

By printing, publishing, or circulating any statement or advertisement relating to the sale, transfer, assignment, rental lease, sublease, or acquisition of any housing accommodations or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations which indicates any discrimination or preference, limitation, or specification based on the groups designated in this chapter.

(7)

By making any inquiry, eliciting any information, making or keeping any record, or using any form of application containing questions or entries concerning race, gender, age, color, religion, disability status, marital status, sexual orientation or transgender status, or ethnic, national or Appalachian regional origin, except as may be otherwise required by or for compliance with state, federal, or local laws, rules and regulations, or other legal requirements or any other stipulation set forth by the U.S. Department of Housing and Urban Development in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations.

(8)

By including in any deed, land contract, or lease of accommodations any restrictive covenant, or honoring or exercising, or attempting to honor or exercise, any such restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision.

(9)

By inducing or soliciting or attempting to induce or solicit housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur with respect to the ethnic composition of the block, neighborhood, or area in which the property is located, or inducing or soliciting or attempting to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, gender, age, color, religion, disability status, marital status, sexual orientation or transgender status, or ethnic, national or Appalachian regional origin, in the area will or may have results such as the following:

(a)

The lowering of property values;

(b)

A change in the racial, religious, sexual or ethnic composition of the block, neighborhood, or area in which the property is located;

(c)

An increase in criminal or antisocial behavior in the area;

(d)

A decline in the quality of schools serving the area.

(10)

By discouraging or attempting to discourage the purchase by prospective purchasers of any housing accommodations by representing that any block, neighborhood, or area has or might undergo a change with respect to the race, religion, sexual, or ethnic composition of the block, neighborhood, or area.

(11)

By denying any otherwise qualified person access to or membership or participation in any real estate, brokers' organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations, or to discriminate against them in the terms or conditions of such access, membership, or participation.

(12)

By coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right protected by this section.

(13)

By force or threat of force, willfully injuring, intimidating or interfering with, or attempting to injure, intimidate, or interfere with:

(a)

Any person because of their race, gender, age, color, religion, disability status, marital status, sexual orientation or transgender status, or ethnic, national or Appalachian regional origin and because that person is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations.

(b)

Any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from:

(1)

Participating, without discrimination in any of the activities, services, organizations, or facilities described in division (A)(13)(a) of this section.

(2)

Affording another person or class of persons opportunity or protection so to participate.

(c)

Any person because that person is or has been, or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination in any of the activities, services, organizations, or facilities described in division (A)(13)(a) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

(14)

In any manner against any other person because that person has opposed any unlawful practice defined in this chapter, or because that person has made a charge, testified, assisted, or participated in any manner, in any investigation, proceeding, or hearing under the provisions of this chapter.

(B)

No person shall discriminate in the sale, transfer, assignment, rental or lease, sublease, finance, or otherwise deny or withhold a burial lot from any prospective owner or user of such lot.

(C)

Nothing in this section shall bar any person from refusing to rent, lease, or sublease any room, suite of rooms, or apartment to any person because of sex if such room, suite of rooms, or apartment is located in a building in which the only toilet and bathroom facilities provided for such room, suite of rooms, or apartment are for the common use of all occupants.

(Ordained by Ord. No. 490-1992, eff. Nov. 25, 1992; a. Ord. No. 66-1995, eff. April 7, 1995; a. Ord. No. 65-2006, eff. April 14, 2006; a. Ord. No. 016-2015, § 3, eff. Feb. 22, 2015)