790.02 DEFINITIONS.

790.02 DEFINITIONS.

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 706 Abortions
CHAPTER 709 Adult Foster Care
CHAPTER 712 Amusements
CHAPTER 718 Fire Protection/Fighting Equipment
CHAPTER 724 Frozen Desserts
CHAPTER 730 Garage Sales
CHAPTER 748 Mechanical Amusement Devices
CHAPTER 750 Computerized Internet Sweepstakes Cafes
CHAPTER 760 Nursing and Boarding Care Homes
CHAPTER 761 Private Investigators and Security Guards
CHAPTER 772 Peddlers, Solicitors and Canvassers
CHAPTER 780 Snow Plowing
CHAPTER 784 Taxicabs
CHAPTER 790 Fair Housing
790.01 PURPOSE.
790.02 DEFINITIONS.
790.03 UNLAWFUL DISCRIMINATORY HOUSING PRACTICES.
790.04 EXEMPTIONS.
790.05 FAIR HOUSING BOARD; POWERS; DUTIES; RESPONSIBILITIES
790.051 DISCRIMINATION REVIEW COMMITTEE; DUTIES; RESPONSIBILITIES.
790.06 COMPLAINTS.
790.07 INVESTIGATION OF COMPLAINTS.
790.08 CONCILIATION PROCESS.
790.09 HEARINGS.
790.10 HEARING DECISIONS.
790.11 INJUNCTIVE RELIEF.
790.12 REMEDIAL ACTIONS.
790.13 JUDICIAL RELIEF.
790.14 INTIMIDATION OR INTERFERENCE IN HOUSING.
790.15 PATTERN OR PRACTICE OF DISCRIMINATION.
790.16 PROHIBITIONS AGAINST REAL ESTATE STEERING.
790.17 ADDITIONAL REMEDIES.
790.18 SCOPE/SEVERABILITY.
790.19 UNLAWFUL DISCRIMINATORY PUBLIC ACCOMMODATIONS PRACTICES.
790.20 DEFINITIONS.
790.21 COMPLAINTS.
790.22 REMEDIES AND BELIEFS.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
790.02 DEFINITIONS.
CHAPTER 790 Fair Housing
CHAPTER 790
Fair Housing
 
790.01   Purpose.
790.02   Definitions.
790.03   Unlawful discriminatory housing practices.
790.04   Exemptions.
790.05   Fair Housing Board; powers; duties; responsibilities.
790.051   Discrimination Review Committee; duties; responsibilities.
790.06   Complaints.
790.07   Investigation of complaints.
790.08   Conciliation process.
790.09   Hearings.
790.10   Hearing decisions.
790.11   Injunctive relief.
790.12   Remedial actions.
790.13   Judicial relief.
790.14   Intimidation or interference in housing.
790.15   Pattern or practice of discrimination.
790.16   Prohibitions against real estate steering.
790.17   Additional remedies.
790.18   Scope/severability.
790.19   Unlawful discriminatory public accommodations practices.
790.20   Definitions.
790.21   Complaints.
790.22   Remedies and beliefs.
 
CROSS REFERENCES
Unlawful discriminatory practices - see Ohio R.C. 4112.02
Interfering with civil rights - see GEN. OFF. 525.13
 
 
790.01 PURPOSE.
   It is hereby declared to be the purpose of this chapter to provide, within constitutional limitations, fair housing throughout Sheffield Lake (hereinafter, Sheffield Lake or the City), to assure that all persons have full and equal opportunity to consider all available housing and lending for themselves and their families within the City without discrimination based on race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, and to promote a stable community. (Ord. 3-09. Passed 1-13-09.)
790.02 DEFINITIONS.
   As used herein, the following terms shall have these meanings:
   (a)   “Aggrieved person” includes any person who
      (1)   Claims to have been injured by a discriminatory housing    practice; or
      (2)   Believes that such persons will be injured by a discriminatory housing practice that is about to occur.
   (b)   “Fair Housing Board” is the board appointed by the Mayor overseeing the activities of the foregoing Chapter.
   (c)   “Covered multi-family dwellings” means buildings consisting of four or more units, if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.
   (d)   “Disability”
      (1)    Means, with respect to a person:
         A.   A physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one’s self such as: performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working;
         B.   A record of a physical or mental impairment; or
         C.   Being regarded as having a physical or mental impairment.
      (2)    Does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21 U.S.C. Section 802.
   (e)   “Discrimination Review Committee” means the Committee of the Fair Housing Board established by Section 790.051 .
   (f)   “Familial status” refers to the status of:
      (1)   One or more individuals (who have not attained the age of eighteen years) being domiciled with:
         A.   A parent or another person having legal custody of such individual or individuals; or
         B.   The designee of such parent or other person having such    custody, with the written permission of such parent or other persons.
      (2)   Any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
   (g)   “Housing for older persons” means
      (1)   Housing provided under any State or Federal program that the Secretary of the United States Department of Housing and Urban Development (hereafter HUD) determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program);
      (2)   Housing intended for, and solely occupied by, persons 62 years of age or older; or
      (3)   Housing intended and operated for occupancy by at least    one person 55 years or older per unit. The determination as to whether housing qualifies as housing for older persons under this subsection shall be consistent with regulations promulgated by the Secretary of HUD, provided at least the following factors are present:
         A.   The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
         B.   That at least eighty percent (80%) of the units are occupied by at least one person 55 years of age or older per unit; and
         C.   The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
      (4)   Housing shall not fail to meet the requirements for housing for older persons by reason of:
         A.   There being persons residing in such housing as of the date of enactment of the Fair Housing Act of 1988 who do not meet the age requirements of subsection (g)(2) or (3); provided that the new occupants of such housing meet the age requirements of subsection (g)(2) or (3); or
         B.   There being unoccupied units, provided that such units are reserved for occupancy by subsection (g)(2) or (3).
   (h)   “Lending institution” means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing insurance in connection with the purchase, sale or rental of dwellings.
   (i)   “Person” means one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, appraiser, agent, employee, and lending institution.
   (j)   “Property,” as used herein, means any building, structure, facility or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied:
      (1)   As the residence, dwelling unit, or sleeping place of one or more individuals, groups, or families whether or not living independently of each other, and includes any housing accommodations held or offered for sale or rent by a real estate    broker, salesman, or agent, or by any other person pursuant to authorization of the owner, by the owner, or by such person’s legal representative;
      (2)   For the purpose of operating a business, an office, a manufactory or public accommodation; or
      (3)   Any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.
   (k)   “Protected group” or “protected class” refers to persons who are or may be discriminated against on the basis of race, religion, color, sex, sexual orientation, nation origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry.
   (l)   “Purchase” means to obtain property through sale.
   (m)   “Real estate broker” means a real estate agent or salesperson, or a limited real estate broker or salesperson as defined in Section 4735.01 of the Revised Code.
   (n)   “Rent” or “rental” means to lease, sublease, assign or otherwise    grant or obtain the right to occupy property not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.
   (o)   “Sale” or “sell” means to convey, exchange, transfer or assign legal or equitable title to, or beneficial interest in, property in return for consideration, or a contract or option to do any of the foregoing.
   (p)   “Sexual orientation” means a person’s actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.
   (q)   “Solicitation” or “solicit” means the mailing or delivery of any printed matter or any oral communication either in person or by telephone to the owner or occupant of property by any real estate broker, agent, sales representative or other person for any of the following purposes:
      (1)   Advertising the accomplishments and/or abilities of the real estate broker, agent, sales representative or other person to sell or rent property;
      (2)   Requesting or suggesting that the owner or occupant list his property for sale or rent; or
      (3)   Offering to purchase or rent the owner’s property.
   (r)   “Unlawful discriminatory housing practices” means any act prohibited by Section 790.03 , but shall not include special outreach efforts conducted by, or under the authority of units of local government (including agencies, departments and commissioners thereof) or non-profit fair housing corporations or agencies to administer the programs and activities relating to housing and urban development in a manner which affirmatively furthers the policies of this chapter.
   (s)   “Watch area” means an area of the City designated by the Fair Housing Board exhibiting certain conditions of change which have historically led to panic selling, racial change and/or incidents with considerations of the factors listed in division (b) of Section 790.16 . (Ord. 3-09. Passed 1-13-09.)
790.03 UNLAWFUL DISCRIMINATORY HOUSING PRACTICES.
   It shall be an unlawful discriminatory housing practice for any person to:
   (a)   Refuse to sell, transfer, assign, rent, lease, sublease, finance, or negotiate after the making of a bona fide offer, or otherwise deny or make unavailable, because of membership in a protected class, a property to any person;
   (b)   represent to any person, because of membership in a protected class, that a property is not available for sale, rental, inspection, purchase, transfer, assignment, lease or sublease when, in fact, it is available;
   (c)   Discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, if such person’s business includes engaging in residential real estate-related transactions, because of race, color, religion, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry. As used in this section, the term “residential real estate-related transaction” means any of the following:
      (1)   The making or purchasing of loans or providing other financial assistance:
         A.   For purchasing, constructing, improving, repairing, or maintaining a dwelling;
         B.   Secured by residential real estate.
      (2)   The selling, brokering or appraising of real property;
   (d)   Discriminate against any person in the terms or conditions of selling, renting, transferring, assigning, brokering, leasing or subleasing any property, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any property because of membership in a protected class or because of the racial composition or presence of any other protected groups in the area in which the dwelling is located;
   (e)   Discriminate against any person in the provision of property and casualty, including but not limited to, fire, extended coverage, renter’s or homeowner’s insurance (“insurance”) or insurance related services because of membership in a protected class of a current or prospective purchaser, renter, or occupant, or of other residents in the area or community, by any one or more of the following practices:
      (1)   Making insurance or insurance related services unavailable or making them available on different terms or conditions;
      (2)   Refusing to sell or renew or by canceling insurance or an insurance policy;
      (3)   Varying the terms or conditions under which an insurance policy or insurance related services is available;
      (4)   Establishing different qualifications, requirements or standards for making insurance or insurance related services available;
      (5)   Offering different service, facilities or privileges in the provision of insurance or insurance related services;
      (6)   Discouraging potential applicants from applying for insurance, including but not limited to utilizing different sales and marketing practices, except as provided in Section 790.02 (q);
      (7)   Evaluating, settling, or paying insurance claims.
   (f)   Refuse to consider the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof;
   (g)   Print, publish or circulate, or cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made any written or oral statement, relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any property or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a property, which indicates any preference, limitation, specification or discrimination based upon protected group membership, or an intention to make any such preference, limitation, specification or discrimination;
   (h)   Include in any sale, transfer, rental, lease or sublease of a property any restrictive covenant based on protected group membership, or honor or exercise, or attempt to honor or exercise any such restrictive covenant;
   (i)   Induce or solicit or attempt to induce or solicit including, but not limited to a property listing, sale, rental or transaction by representing that a change has occurred or may occur with respect to the protected class or classes of the area in which the property is located, or induce or solicit or attempt to induce or solicit such listing, sale, or transaction by representing that the actual or anticipated presence of persons of any protected class in the area will or may have results such as:
      (1)   The lowering of property values;
      (2)   A change in the composition of the area in which the property is located based upon a protected class or classes;
      (3)   An increase in criminal or anti-social behavior in the area;
      (4)   A decline in the quality of the schools serving the area.
   (j)   Coerce, injure, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person’s having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section;
   (k)   Discriminate against any person because of protected group status in appraising the value of any property in connection with the sale, brokering or rental or because of the composition of the area based upon protected class or classes;
   (l)   Deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers’ association or other service association or facility relating to the business of selling or renting housing accommodations or commercial property, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of membership in a protected class;
   (m)   Refuse to permit, at the expense of a disabled person, reasonable modifications to existing premises occupied or to be occupied by such person, if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, a landlord may – where it is reasonable on a renter’s agreement, which can include the establishment of an escrow account, to restore the interior of the premises to the condition that existed prior to the modification, reasonable wear and tear expected;
   (n)   Refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;
   (o)   Construct covered multi-family dwellings that do not provide for accessibility and usability for physically disabled persons in compliance with 42 U.S.C. §3604 (f)(3)(c);
   (p)   Discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under Sections 4112.01 to 4112.07 of the Ohio Revised Code;
   (q)   Aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with Sections 4112.01 to 4112.11 of the Ohio Revised Code, 42 U.S.C. §3601 et seq., or any order issued pursuant thereto, or attempt to directly or indirectly commit any act declared by this section to be an unlawful discriminatory practice.
      (ORC 4412.02 (H), (I), (J); Ord. 3-09. Passed 1-13-09.)
790.04 EXEMPTIONS.
   The provisions of this chapter shall not be construed to:
   (a)   Prohibit a religious or denominational institution, organization, society or association or nonprofit charitable or education organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin, nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members;
   (b)   Require any person selling or renting property to modify such property in any way at his or her expense, provided that such person does not refuse to permit reasonable modifications by a disabled person, which are necessary for that person to fully enjoy the premises in which he or she resides, when such modifications are made at the expense of the disabled person, which permission may be reasonably based on the disabled person’s promise, pursuant to division (m) of Section 790.03 , to restore the premises to the condition in which it previously existed before granting permission for such modification, nor shall this chapter be construed to relieve any disabled person of any obligation generally imposed on all persons, regardless of disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms or conditions, including financial obligations, of the lease, agreement or contract, so long as such distinctions are not based on the disability, or on the landlord’s refusal to make reasonable modifications in the lease, agreement or contract conditions for the purpose of denying a disabled person equal opportunity to the use and enjoyment of the premises.
      (ORC 4112.02 (K), (N)).
   (c)   Prohibit the restriction of a sale or rental of a property on the basis of disability when such a property is authorized, approved, financed and subsidized, in whole or in part, for the benefit of disabled persons by a unit of the local, state or federal government, so long as such restrictions do not discriminate against an otherwise qualified disabled person;
   (d)   Require that a property be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others;
   (e)   Prohibit the application of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a property;
   (f)   With regard to familial status, apply to properties provided under any state or federal program provided that HUD has determined that such program or housing is exempt, which determination shall be conclusive, or to housing for older persons;
   (g)   Prohibit a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than membership in protected class. (Ord. 3-09. Passed 1-13-09.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• Ord. 3-09
• ord of a physical or mental impairment; or
• ord such person full enjoyment of the premises, except that, in the case of a rental, a landlord may – where it is reasonable on a renter’s agreement, which can include the establishme
• ord a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;
• order issued pursuant thereto, or attempt to directly or indirectly commit any act declared by this section to be an unlawful discriminatory practice
• ord’s refusal to make reasonable modifications in the lease, agreement or contract conditions for the purpose of denying a disabled person equal opportunity to the use and enjoyment o
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

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