§ 41A-4. Unlawful discriminatory housing practices.
§ 41A‑4. Unlawfuldiscriminatory housing practices.
(a) It is an unlawfuldiscriminatory housing practice for any person in a real estate transaction,because of race, color, religion, sex, national origin, handicapping condition,or familial status to:
(1) Refuse to engage ina real estate transaction;
(2) Discriminate againsta person in the terms, conditions, or privileges of a real estate transactionor in the furnishing of facilities or services in connection therewith;
(2a), (2c) Repealed bySession Laws 2009‑388, s. 1, effective October 1, 2009.
(3) Refuse to receive orfail to transmit a bona fide offer to engage in a real estate transaction;
(4) Refuse to negotiatefor a real estate transaction;
(5) Represent to aperson that real property is not available for inspection, sale, rental, orlease when in fact it is so available, or fail to bring a property listing tohis attention, or refuse to permit him to inspect real property;
(6) Make, print,circulate, post, or mail or cause to be so published a statement,advertisement, or sign, or use a form or application for a real estatetransaction, or make a record or inquiry in connection with a prospective realestate transaction, which indicates directly or indirectly, an intent to make alimitation, specification, or discrimination with respect thereto;
(7) Offer, solicit,accept, use, or retain a listing of real property with the understanding thatany person may be discriminated against in a real estate transaction or in thefurnishing of facilities or services in connection therewith; or
(8) Otherwise makeunavailable or deny housing.
(b) Repealed by SessionLaws 1989, c. 507, s. 2.
(b1) It is an unlawfuldiscriminatory housing practice for any person or other entity whose businessincludes engaging in residential real estate related transactions todiscriminate against any person in making available such a transaction, or inthe terms and conditions of such a transaction, because of race, color,religion, sex, national origin, handicapping condition, or familial status. Asused in this subsection, "residential real estate relatedtransaction" means:
(1) The making orpurchasing of loans or providing financial assistance (i) for purchasing,constructing, improving, repairing, or maintaining a dwelling, or (ii) wherethe security is residential real estate; or
(2) The selling,brokering, or appraising of residential real estate.
The provisions of this subsectionshall not prohibit any financial institution from using a loan applicationwhich inquires into a person's financial and dependent obligations or frombasing its actions on the income or financial abilities of any person.
(c) It is an unlawfuldiscriminatory housing practice for a person to induce or attempt to induceanother to enter into a real estate transaction from which such person mayprofit:
(1) By representing thata change has occurred, or may or will occur in the composition of the residentsof the block, neighborhood, or area in which the real property is located withrespect to race, color, religion, sex, national origin, handicapping condition,or familial status of the owners or occupants; or
(2) By representing thata change has resulted, or may or will result in the lowering of propertyvalues, an increase in criminal or antisocial behavior, or a decline in thequality of schools in the block, neighborhood, or area in which the realproperty is located.
(d) It is an unlawfuldiscriminatory housing practice to deny any person who is otherwise qualifiedby State law access to or membership or participation in any real estatebrokers' organization, multiple listing service, or other service,organization, or facility relating to the business of engaging in real estatetransactions, or to discriminate in the terms or conditions of such access,membership, or participation because of race, color, religion, sex, nationalorigin, handicapping condition, or familial status.
(e) It is an unlawfuldiscriminatory housing practice to coerce, intimidate, threaten, or interferewith any person in the exercise or enjoyment of, on account of having exercisedor enjoyed, or on account of having aided or encouraged any other person in theexercise or enjoyment of any right granted or protected by this Chapter.
(f) It is an unlawfuldiscriminatory housing practice to:
(1) Refuse to permit, atthe expense of a handicapped person, reasonable modifications of existingpremises occupied or to be occupied by the person if the modifications arenecessary to the handicapped person's full enjoyment of the premises; exceptthat, in the case of a rental unit, the landlord may, where it is reasonable todo so, condition permission for modifications on agreement by the renter torestore the interior of the premises to the condition that existed before themodifications, reasonable wear and tear excepted.
(2) Refuse to makereasonable accommodations in rules, policies, practices, or services, whenthese accommodations may be necessary to a handicapped person's equal use andenjoyment of a dwelling.
(3) Fail to design and constructcovered multifamily dwellings available for first occupancy after March 13,1991, so that:
a. The dwellings haveat least one building entrance on an accessible route, unless it is impracticalto do so because of terrain or unusual site characteristics; or
b. With respect todwellings with a building entrance on an accessible route:
1. The public andcommon use portions are readily accessible to and usable by handicappedpersons;
2. There is anaccessible route into and through all dwellings and units;
3. All doors designedto allow passage into, within, and through these dwellings and individual unitsare wide enough for wheelchairs;
4. Light switches,electrical switches, electrical outlets, thermostats, and other environmentalcontrols are in accessible locations;
5. Bathroom walls arereinforced to allow later installation of grab bars; and
6. Kitchens andbathrooms have space for an individual in a wheelchair to maneuver.
(g) It is an unlawfuldiscriminatory housing practice to discriminate in land‑use decisions orin the permitting of development based on race, color, religion, sex, nationalorigin, handicapping condition, familial status, or, except as otherwiseprovided by law, the fact that a development or proposed development containsaffordable housing units for families or individuals with incomes below eightypercent (80%) of area median income. It is not a violation of this Chapter ifland‑use decisions or permitting of development is based onconsiderations of limiting high concentrations of affordable housing. (1983, c. 522, s. 1; 1989,c. 507, s. 2; 1989 (Reg. Sess., 1990), c. 979, s. 3; 2009‑388, s. 1; 2009‑533,s. 1.)