St. Clair Shores — Ch. 22 Art. II Fair Housing § 22-21

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:
Accessible means , when used with respect to the public and common use areas of a building containing covered multifamily dwellings, that the public or common use areas of the building can be approached, entered and used by individuals with physical handicaps.
Bona fide offer or offer means every attempt by means of written or oral communications to present for acceptance or rejection, to hold out or proffer, to make a proposal to or to exhibit real estate that may be taken or received with the intention of ultimately entering a real estate transaction.
Broker means any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts on any residential real estate related transaction.
Building means a structure, facility, or portion thereof, that contains or serves one or more dwelling units.
Common use areas mean rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building covered under this article or a guest thereof. The term "common use areas" includes hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.
Complaint means the document filed with the City Manager alleging violation of this article.
Conciliation means the attempted resolution of issues raised by a complaint, or the investigation of such charge, through informal negotiations involving the person filing the complaint, the respondent, and the commission or persons appointed by the Mayor and City Council.
Controlled substance means any drug or other substance, or immediate precursor included in the definition in section 102 of the Controlled Substances Act (21 USC 802).
Covered multifamily dwelling means a building 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.
Discriminate means to treat any person differently from others because of race, color, religion, sex, familial status, national origin, handicap, marital status, height, weight or age.
Dwelling means any building or portion of a building thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families or unrelated individuals, any vacant land which is offered for sale or lease for the construction or location on it of any such building, structure or portion of a building or structure.
Elderly person means a person 55 years of age or older.
Entrance means any access point to a building or portion of a building used by residents for the purpose of entering.
Familial status means one or more individuals who have not attained 18 years of age who are domiciled with: (1)
A parent or a person having legal custody of such individual or individuals;
(2) The designee of such parent or other person having such custody, with the written permission of such parent or other person; or
(3) Persons who are pregnant or in the process of securing legal custody of any individual who has not attained 18 years of age.
Financial institution means any bank, credit union, insurance company, mortgage banking company, savings and loan association, or other entity or organization which makes or purchases loans or provides other financial assistance and which operates or has a place of business in the state.
Handicap or disability means a determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic substantially limits one or more of that individual's major life activities and is unrelated to the individual's ability to acquire, rent, or maintain property.
Hearing means that part of a proceeding that involves the submission of evidence, either by oral presentation or written submission, and may include the submission of briefs and oral arguments on the evidence and applicable law.
Interior means the spaces, parts, components or elements of an individual dwelling unit.
Loan means and includes, but is not limited to, the providing of funds, for consideration, which are: (1)
Sought for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation;
(2) Sought for any commercial or industrial purposes; or
(3) Secured by residential real estate.
Lease means and includes any sublease, assignment, or rental and any contract to enter into any of the foregoing.
Marital status means the legal status of being married, single, separated, divorced or widowed.
Modification means any change to the public or common use areas of a building or any change to a dwelling unit.
National origin means the place in which a person or one of his ancestors was born.
Owner means and includes the lessee, sub-lessee, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent, lease any housing accommodation or any part thereof.
Panic peddling means for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, national origin, handicap, marital status, height, weight or age.
Person means and includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, or trustees in cases under title 11 of the United States Code, receivers and fiduciaries.
Persons in the business of selling or renting dwellings means any person who: (1)
Within the preceding 12 months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) Within the preceding 12 months, has participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or interest therein; or
(3) Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
Physical or mental handicap or impairment means and includes: (1)
Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genito-urinary; hemic and lymphatic; skin, and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Premises means the interior or exterior spaces, parts, components or elements of a building, including dwelling units and the public and common use areas of a building.
Real estate broker and agents means any natural person, partnership, association or corporation who, for a fee or other valuable considerations, sells, purchases, exchanges, rents, negotiates, or attempts to negotiate the sale, purchase, exchange or rental of real property or holds himself out as licensed in the business of selling, purchasing, exchanging, or renting the real property of another or collects rental for the use of real property of another.
Real estate transaction means the purchase, sale or fee or equitable title to, or beneficial interest in, or rental or lease of, or an option to do any of the foregoing, or any negotiation, listing, contract, or agreement in connection with the above. The term "real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling or secured by residential real estate.
Real property means and includes buildings, structures, real estate, lands, tenements, leaseholds and interests in real estate cooperatives and condominiums.
Religion means and includes all aspects of religious observance and practice, as well as belief, and all aspects of religious nonobservance, nonpractice and nonbelief.
Respondent means: (1)
The person or other entity against whom an unlawful housing practice has been alleged in a complaint;
(2) Any person or entity identified in the course of investigation and notified by the investigatory committee of such identification.
Sex means the status of being male or female.
Solicitation or solicit means any communication by or on behalf of a real estate agent with the owner or occupant of a dwelling: (1)
Which is intended to induce the sale or rental of such dwelling;
(2) Which is intended to offer or promote services in connection with the sale, rental or listing of such dwelling;
(3) Which is carried out by means of:
a. In person contacts at the dwelling;
b. Written material mailed or delivered directly to the dwelling, such as direct mail, leaflets or pamphlets; or
c. Telephone contacts with owners or occupants of the dwelling.
To rent means to lease, sublease, let, or otherwise grant for consideration, the right to occupy premises not owned by the occupant.
Transfer means to sell, rent, lease, sub-lease or assign real property.
Varying terms means and includes, but is not limited to, the following practices: (1)
Requiring a greater down payment than is usual for the particular type of a loan involved;
(2) Requiring a shorter period of amortization than is usual for the particular type of loan involved;
(3) Charging a higher interest rate than is usual for the particular type of loan involved; or
(4) Under-appraising of real estate or other items of property offered for security.