Chapter 46 HUMAN RELATIONS*

*State law references: Authority to define, suppress and prevent discrimination on the basis of race, color, creed, religion, ancestry, sex, marital status, national origin, familial status, handicap, age or disability in employment, public accommodation or housing, R.R.S. 1943, � 18-1724.

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DIVISION 1.� GENERALLY (return to ch. 46)

Secs. 46-31--46-50.� Reserved. (return to ch. 46)

DIVISION 2.� FAIR HOUSING* (return to ch. 46)

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*Cross references:� Businesses, ch. 22.

State law references: Authority to enact ordinances substantially equivalent to the Nebraska Fair Housing Act, R.R.S. 1943, � 20-113; Nebraska Fair Housing Act, R.R.S. 1943, � 20-301 et seq.

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Sec. 46-51.� Purpose. (return to ch. 46)

The purpose of this article is to promote the general welfare of the residents of the city by endorsing the provisions of the Nebraska Fair Housing Act, R.R.S. 1943, � 20-301 et seq., to the effect that there shall be no discrimination in the city in the acquisition, ownership, possession or enjoyment of housing in accordance with the Constitution of the State of Nebraska, article I, � 25.

(Code 1974, � 9-801)

Sec. 46-52.� Definitions. (return to ch. 46)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice, or believes that he will be injured by a discriminatory housing practice that is about to occur.

Commission means the state equal opportunity commission.

Dwelling means any building, structure or portion of a building or structure which is occupied as or designed or intended for occupancy as a residence for one or more families and any vacant land offered for sale or lease for the construction or location of any such building, structure or portion.

Familial status means one or more minors being domiciled with a parent or another person having legal custody of such individual or the designee of a parent or other person having legal custody, with written permission of the parent of other person.

Handicap means, with respect to a person, a physical or mental impairment, excluding the current illegal use of or addiction to a controlled substance as defined in R.R.S. 1943, � 28-401 which substantially limits one or more of such person's major life activities, a record of having such an impairment, or being regarded as having such an impairment.

Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

Rent includes lease, sublease, let and otherwise grant for consideration the right to occupy premises not owned by the occupant.

Restrictive covenant means any specification limiting the transfer, rental or lease of any housing because of race, creed, religion, color, national origin, sex, handicap, familial status or ancestry.

(Code 1974, � 9-802)

Cross references:� Definitions generally, � 1-2.

Sec. 46-53.� Unlawful acts. (return to ch. 46)

(a)�� Except as exempted by section 46-57, it shall be unlawful to:

(1) Refuse to sell or rent after the making of a bona fide offer; refuse to negotiate for the sale or rental of or otherwise make unavailable or deny; refuse to show; or refuse to receive and transmit an offer for a dwelling to any person because of race, color, religion, national origin, familial status, handicap or sex;

(2) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of connected services or facilities because of race, color, religion, national origin, familial status, handicap or sex;

(3) Make, print, publish or cause to be made, printed, or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, handicap, familial status or sex or an intention to make any such preference, limitation or discrimination;

(4) Represent to any person because of race, color, religion, national origin, handicap, familial status or sex that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available;

(5) Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, handicap, familial status or sex of a person seeking to purchase, rent or lease any housing;

(6) Include in any transfer, sale, rental or lease of housing any restrictive covenants or honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing;

(7) Discharge or demote an employee or agent or discriminate in the compensation of such employee or agent because of such employee's compliance with this article or the Fair Housing Act; and

(8) Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, color, religion, national origin, handicap, familial status or sex.

(b)�� The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any minor.

(Code 1974, � 9-803)

State law references: Similar provisions, R.R.S. 1943, � 20-318.

Sec. 46-54.� Handicapped person; discriminatory practices prohibited; design and construction standards. (return to ch. 46)

(a)�� Except as exempted by section 46-57, it shall be unlawful to:

(1) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:

a. The buyer or renter;

b. Any person associated with the buyer or renter; or

c. A person residing in or intending to reside in the dwelling after it is so sold, rented or made available; or

(2) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with a dwelling because of a handicap of:

a. Such person;

b. Any person associated with such person; or

c. A person residing in or intending to reside in the dwelling after it is so sold, rented or made available.

(b)�� For purposes of this section, discrimination shall include:

(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises; except that in the case of rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2) A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford the handicapped person equal opportunity to use or enjoy a dwelling; and

(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after September 1, 1991, a failure to design and construct the dwellings in such a manner that:

a. The public use and common use portions of the dwelling are readily accessible to and usable by handicapped persons;

b. All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c. All premises within the dwellings contain the following features of adaptive design:

1. An accessible route into and through the dwelling;

2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3. Reinforcements in bathroom walls to allow later installation of grab bars; and

4. Kitchens and bathrooms such that a handicapped person in a wheelchair can maneuver about the space.

(c)�� Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ANSI A117.1, shall satisfy the requirements of subsection (b)(3)c. of this section.

(d)�� For purposes of this section, covered multifamily dwellings shall mean:

(1) Buildings consisting of four or more units if such buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four or more units.

(e)�� Nothing in this section shall require that a dwelling 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.

(Code 1974, � 9-804)

State law references: Similar provisions, R.R.S. 1943, � 20-319.

Sec. 46-55.� Transaction related to residential real estate; discriminatory practices prohibited. (return to ch. 46)

(a)�� It shall be unlawful for any person whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction because of race, color, religion, sex, handicap, familial status or national origin.

(b)�� For purposes of this section, transaction related to residential real estate shall mean 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; or

b. Secured by residential real estate; or

(2) The selling, brokering or appraising of residential real property.

(c)�� Nothing in this section shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, handicap, familial status or sex.

(Code 1974, � 9-805)

State law references: Similar provisions, R.R.S. 1943, � 20-320.

Sec. 46-56.� Multiple listing service; other service; discriminatory practices prohibited. (return to ch. 46)

It shall be unlawful 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 relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation on account of race, color, religion, national origin, handicap, familial status or sex.

(Code 1974, � 9-806)

State law references: Similar provisions, R.R.S. 1943, � 20-321.

Sec. 46-57.� Religious organization, private home; private club, or housing for older persons; restricting use not prohibited. (return to ch. 46)

(a)�� Nothing in this article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to such persons unless membership in such religion is restricted on account of race, color, national origin, handicap, familial status or sex.

(b)�� Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

(c)�� Nothing in this article shall prohibit or limit the right of any person or his authorized representative to refuse to rent a room in his own home for any reason or for no reason or to change tenants in his own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or family within his home.

(d)�� Nothing in this article regarding familial status shall apply with respect to housing for older persons. For purposes of this subsection, housing for older persons shall mean housing:

(1) Provided under any state program that the commission determines is specifically designed and operated to assist elderly persons or defined in the program;

(2) Intended for and solely occupied by persons 62 years of age or older; or

(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.

(Code 1974, � 9-807)

State law references: Similar provisions, R.R.S. 1943, � 20-322.

Sec. 46-58.� Information. (return to ch. 46)

The city clerk upon request shall make available to an aggrieved person, or any other person, information regarding the Nebraska Fair Housing Act and the Nebraska Equal Opportunity Commission without cost to such individual.

(Code 1974, � 9-808)