§ 11-05-280. Generally—Housing discrimination.

(a)

Definitions. As used in this section:

Discriminate includes, but is not limited to, segregate or separate.

Handicap includes, with respect to a person:

(1)

A physical or mental impairment which substantially limits one or more of such person's major life activities;

(2)

A record of having such an impairment; or

(3)

Being regarded as having such an impairment, but such 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 U.S.C. 802]).

Housing includes any building, structure or portion thereof which is used or occupied or intended, arranged or designed to be used or occupied as the home, residence or living quarters of one or more human beings, or any parcel of land or portion thereof available or intended for the construction of such building or structure.

Owner includes the lessee, sublessee, cotenant, assignee, managing agent, or other person having the right of ownership or possession, or the power to sell, rent or lease any housing.

Person includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives and fiduciaries.

(b)

Exemptions. Nothing in this section shall:

(1)

Apply to the subrenting or subleasing of any portion of an apartment or a house occupied by a single family;

(2)

Bar any religious institution or organization, or charitable or educational organization which is operated, supervised or controlled by a religious organization, from limiting admission to or giving preference in housing accommodations to persons of the same religion or from making such selection in connection therewith as is calculated by such organization to promote the religious principles for which it is established or maintained;

(3)

Be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants or property on the basis of factors other than sex, race, color, religion, national origin, ancestry, or handicap.

(c)

Prohibited acts. It is unlawful:

(1)

For any person:

a.

To refuse to sell, lease, sublease, rent, assign or otherwise transfer, or to refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold or other interest in any housing, or to represent that housing is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available, or otherwise to deny or withhold any housing from any person because of such person's sex, race, color, religion, national origin, ancestry, or handicap;

b.

To include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing, any clause, condition or restriction discriminating against any person in the use or occupancy of such housing because of sex, race, color, religion, national origin, ancestry or handicap;

c.

To discriminate in the furnishing of any facilities, or services, or in the terms, conditions, privileges or tenure of occupancy of any housing because of sex, race, color, religion, national origin ancestry or handicap.

(2)

For any person to publish or circulate or to cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of any housing or to make any record or inquiry in connection with the prospective purchase, rental, lease or financing of any housing thereof which expresses directly or indirectly any limitation, specification or discrimination as to sex, race, color, religion, national origin, ancestry or handicap.

(3)

For any person to aid, abet, compel, coerce or participate in the doing of any act declared to be an unlawful housing practice under this section, or to attempt directly or indirectly to commit any act declared by this section to be a prohibited act.

(Code 1960, § 6-2-35; Ord. No. 552, 1-11-77; Ord. No. 1163, 11-26-02)