§ 460-2.008. Housing.

(a)

Unlawful Housing Practices. It shall be unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS or associated conditions as that term is defined in this chapter:

(1)

To interrupt, terminate or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; or to falsely represent that an interest in real property is not available for transaction;

(2)

To include in the terms or conditions of a transaction in real property any clause, condition or restriction, which would discriminate against a person who has AIDS;

(3)

To refuse to lend money, guarantee the loans of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

(4)

To refuse or to restrict facilities, services, repairs or improvements for any tenant or lessees;

(5)

To make, print, publish, advertise or disseminate in any way, or cause to be made, printed, published, advertised or disseminated in any way, any notices, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preferences, limitation or discrimination based on the fact that a person has AIDS or related medical conditions.

(b)

Exemptions.

(1)

Owner Occupied. Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member or his or her family occupies the same living unit in common with the prospective tenant.

(2)

Effect on Other Laws. Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

(c)

Affirmative Defenses. The Health and Safety Exception set forth in Section 460-2.014 of this chapter shall constitute an affirmative defense in any action brought under this section.

(Ord. 89-35 § 1)