§ 42-30. Unlawful housing practices—Generally.  


Latest version.
  • (a)

    Sale or rental. Except as provided in section 42-31, it shall be unlawful and a discriminatory housing practice for an owner or any other person engaging in a real estate transaction or for a real estate broker, because of race, color, ancestry, national origin, handicap, religion, sex, marital status, familial status or age, to:

    (1)

    Refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny housing to any person.

    (2)

    Discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith or because of such person's exercise of his right to free association.

    (3)

    Refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person.

    (4)

    Refuse to negotiate for a real estate transaction with a person.

    (5)

    Represent to a person that housing is not available for inspection, sale, rental or lease, when in fact it is so available, or to fail to bring a property listing to such person's attention or to refuse to permit such person to inspect the housing.

    (6)

    Steer any person away from or to any housing.

    (7)

    Make, print, publish, circulate, post or mail or cause to be made, printed, published or circulated any notice, statement, advertisement or sign or use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, make a record or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly or indirectly an intent to make a limitation, specification or discrimination with respect thereto.

    (8)

    Offer, solicit, accept, use or retain a listing of housing with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

    (9)

    Induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of housing owned, used or occupied by any person protected by the terms of this article.

    (10)

    Make any misrepresentations concerning the listing for sale or rental or the anticipated listing for sale or rental or the sale or rental of any housing in any area in the city for the purpose of inducing or attempting to induce any such listing or any such transactions.

    (11)

    Retaliate or discriminate in any manner against any person because of such person's opposing a practice declared unlawful by this article or because such person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this article.

    (12)

    Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article or to obstruct or prevent any person from complying with the provisions of this article, or any conciliation agreement entered into under this article.

    (13)

    By canvassing, compel any unlawful practices prohibited by this article.

    (14)

    Otherwise deny to or withhold any housing accommodations from a person.

    (15)

    Promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant or tenant to list for sale, sell, remove from sale, lease, assign, transfer or otherwise dispose of any housing by referring, as a part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood or any other area, to the race, color, religion or national origin of actual or anticipated neighbors, tenants or other prospective buyers of any housing.

    (16)

    Cause to be made any untrue or intentionally misleading statement or advertisement or, in any other manner, attempt, as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, nationality or ethnic change in any street, block, neighborhood or any other area, to obtain a listing of any housing for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement or to make any other material misrepresentation in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of housing.

    (17)

    Place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer or other disposition.

    (b)

    Financing. It shall be unlawful and a discriminatory housing practice for any lending institution to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining housing or to discriminate against such person in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, ancestry, national origin, handicap, religion, sex, marital status, familial status or age of such person or of any person associated with such person in connection with such loan or other financial assistance or for purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the housing in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in section 42-31.

    (c)

    Brokerage services. It shall be unlawful and a discriminatory housing practice 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 related to the business of selling or renting housing or to discriminate against such person in the terms or conditions of such access, membership or participation because of race, color, ancestry, national origin, handicap, religion, sex, marital status, familial status or age.

(Code 1958, § 12A-3)

State law reference

Similar provisions, F.S. §§ 760.23—760.25.