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A. Unlawful Housing Practices. It shall be unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS or associated conditions, as that term is defined in this chapter.

1. To interrupt, terminate, or fail or refuse to initiate any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

2. To include in the terms or conditions of a transaction in real property any clause, condition or restriction, which would discriminate against a person who has AIDS;

3. To refuse to lend money, guarantee the loan of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

4. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessees;

5. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on the fact that a person has AIDS or related medical conditions.

B. Exemptions.

1. Owner occupied. Nothing in this chapter shall be constructed to apply to the rental or leasing of any housing unit in which the owner or any member of their family occupies the same living unit in common with the prospective tenant.

2. Effect on other laws. Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

3. Rent stabilization ordinance. Nothing in this chapter shall override any just cause for eviction set forth in the rent stabilization ordinance.

C. Affirmative Defense. The health and safety exception set forth in Section 13.30.090 shall constitute an affirmative defense in any action brought under this section. (Ord. 5712-NS § 5, 1986)