§ 29-2-102. PROHIBITIONS.

(a)

Sale and rental. A person who has the right to sell, rent, control, construct, or manage a dwelling may not engage in discrimination:

(1)

In making or causing the making, printing, or publishing of a notice, statement, or advertisement regarding the sale or rental of a dwelling that indicates a preference or limitation;

(2)

In representing to a person that a dwelling is not available for inspection, sale, or rental, if the dwelling is in fact available;

(3)

In refusing to negotiate for the sale or rental of a dwelling;

(4)

In refusing to sell or rent a dwelling after the making of a bona fide offer;

(5)

In refusing to make a dwelling available;

(6)

In restricting the terms, conditions, or privileges of sale or rental of a dwelling;

(7)

In restricting the provision of services or facilities in connection with the sale or rental of a dwelling;

(8)

By including a discriminatory restrictive covenant in the transfer, sale, or rental of housing; or

(9)

By honoring, exercising, attempting to honor, or attempting to exercise a discriminatory restrictive covenant.

(b)

Multiple listing, broker's organization. Whether the person is acting for monetary gain or not, a person may not engage in discrimination in denying a person access, membership, or participation in or restricting the terms and conditions of access, membership, or participation in a multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings.

(c)

Property values; change in nature of neighborhood. Whether the person is acting for monetary gain or not, a person may not engage in discrimination by representing that the existing or potential proximity of real property owned, used, or occupied by persons of a particular race, creed, religion, physical or mental disability, color, sex, national origin, age, sexual orientation, gender identity or expression, status as a veteran, or marital status will or may result in:

(1)

The lowering of property values;

(2)

A change in the racial, religious, or ethnic character of the block, neighborhood, or area in which the property is located; or

(3)

A decline in quality of the schools and institutions serving the area.

(d)

Solicitation. Whether the person is acting for monetary gain or not, a person may not engage in discrimination:

(1)

By knowingly inducing or attempting to induce another person to transfer an interest in real property by the representations described in subsection (c) of this section;

(2)

In placing a sign, display, or device designed to indicate that a bona fide offer is being made to sell, rent, assign, transfer, or otherwise dispose of a dwelling if, in fact, the property is not being offered for sale, rent, assignment, or transfer; or

(3)

In maintaining a sale, rent, assignment, transfer, or other similar sign for more than 7 days at a dwelling after the execution of a contract or written agreement for the sale, rental, assignment, or transfer of the dwelling.

(1988 Code, § 19-40) (Bill No. 11-96, § 1, 2-15-1996; Bill No. 31-00, § 2, 7-1-2004; Bill No. 3-12, § 2, 4-8-2012; Bill No. 1-16, § 1, 3-19-2016 )