§ 9.40.050. Housing.

A.

Unlawful Practices. It is unlawful for any person or any authorized agent or employee of such person to do, attempt to do, or threaten to do any of the following as a result, in whole or in part, of a person having AIDS (as defined in this chapter):

1.

Interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

2.

Refuse to rent or lease a commercial or housing unit; refuse to negotiate for the rental or lease of a unit; evict from a unit; or otherwise deny to or withhold a unit from any person;

3.

Rent or lease a commercial or housing unit on less favorable terms, conditions, or privileges, or discrimination in the provision of housing services to any person;

4.

Represent to any person that a commercial or housing unit is not available for inspection, rental or lease when such unit is, in fact, available;

5.

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 (as defined in this chapter);

6.

Make, print, publish, advertise or disseminate, or cause to be made, printed, published, advertised or disseminated, any notice, statement, sign, advertisement, application, or contract with regard to a commercial or housing unit that indicates any preference, limitation, or discrimination with respect to the fact that a person has AIDS (as defined in this chapter);

7.

Refuse to lend money, guarantee the loan 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;

8.

Refuse or restrict facilities, services, repairs, or improvements for any tenant or lessee;

9.

Make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, 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 preference, limitation or discrimination based on the fact that a person has AIDS (as defined by this chapter);

10.

Tell any person expressing interest in a real estate transaction, commercial unit or housing unit that any prior or current tenant or holder of any interest in the real estate affected by the proposed transaction has or had AIDS (as defined by this chapter).

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 of his or her family occupies the same 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 housing unit or commercial space otherwise prohibited by law.

3.

Rent Arbitration Ordinance. Nothing in this chapter shall override the provisions of the city's rent arbitration ordinance.

C.

Affirmative Defense. The health and safety exception set forth in Section 9.40.090B shall constitute an affirmative defense in any action brought under this section.

D.

Presence of AIDS Not a Material Factor. In the conduct of any transaction in real property, including the renting and leasing of commercial and housing units, the sale of commercial and housing units, and the financing of real property transactions, whether or not any participant or proposed participant in the transaction has or had, in whole or in part, AIDS (as defined by this chapter) is declared not to be a material factor in the city.

(Prior code § 3-21.05)