§ 42-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Agent means any natural person or agent thereof, who, with or without a fee or other valuable consideration, offers, sells, purchases, exchanges, rents, or negotiates, for the sale, purchase, exchange, or rental of the real property of another, or holds himself or herself out as engaged in the business of selling, purchasing, exchanging, or renting the real property of another, or collects rental for the use of the real property of another.
Aggrieved person means any person who claims to have been injured by a discriminatory housing practice; or believes that he will be injured by a discriminatory housing practice that is about to occur.
Board means the board of public works and safety of the city, or its designee. The use of the term "board of public works and safety" is also meant to include the designee of the board of public works and safety.
Complainant means any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice in connection with a housing accommodation.
Discriminate or discrimination means the exclusion from, or failure or refusal to extend to a person, equal opportunities because of sex, race, religion, color, national origin, ancestry, handicap, or familial status, of the buyer, renter, or applicant, or to increase the selling price or rent of any housing accommodation because of the sex, race, religion, color, national origin, ancestry, handicap, or familial status, of the buyer, renter, or applicant.
Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision.
Family includes a single individual.
Financial institution means any bank, credit union, insurance company, or savings and loan association or other entity or organization that makes or purchases loans or provides other financial assistance that operates or has a place of business in the city.
Handicap means, with respect to a person:
(1)
A physical or mental impairment that substantially limits one or more of the person's major life activities; a record of having an impairment as described above; or being regarded as having an impairment as described above. The term does not include current illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 USC 802). The term does not include an individual solely because that individual is a transvestite.
(2)
In reference to housing under this chapter, the term "handicap" or "handicapped" also means the physical or mental condition of a person which constitutes a substantial disability unrelated to the person's ability to acquire, rent, or maintain a housing accommodation.
Housing accommodation includes any building, structure, or portion thereof located within the territorial limits of the city, which is used or occupied, or is maintained, arranged or designed to be used or occupied as a home, residence, or sleeping place of one or more human beings; and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof.
Loan includes, but is not limited to, the providing of funds for consideration, which are sought for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation as that term is defined herein; or secured by residential real estate.
Owner means the person holding legal or equitable title to property, or his legal representative.
Owner/occupant means any individual who is a titleholder of record or contract purchaser of the real property in question and who, in addition, continues to occupy and reside in the property as his principal dwelling place at the time the alleged discriminatory act occurs.
Person includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees in bankruptcy, receivers, lending institutions, and other organized groups or persons.
Restrictive covenants includes every condition, restriction, or prohibition, including right of re-entry or possibility of reverter which, directly or indirectly, limits the use or occupancy of real property on the basis of sex, race, color, religion, ancestry, national origin, handicap, or familial status. A restrictive covenant shall not apply to the limitation of use on the basis of religion of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.
Steering means the influencing or attempting to influence by words or acts the choice or location of housing of a prospective purchaser, occupant, or tenant, in connection with viewing, buying, leasing, or occupying real estate based on sex, race, color, religion, ancestry, national origin, handicap, or familial status, so as to promote or maintain segregation.
Unlawful housing practice means the commission of any act prohibited by section 42-21.
Varying term includes, but is not limited to, the following practices: requiring a greater down payment than is usual for the particular type of loan involved; requiring a shorter period of amortization than is usual for the particular type of loan involved; charging a higher interest rate than is usual for the particular type of loan involved; and under-appraisal of real estate or other item of property offered as security.
(Code 1985, § 103.02; Ord. No. 3588, 5-4-1992)