§ 2-231.01. Prohibited Acts in Commercial Real Estate.

(a)

It is an unlawful practice and a violation of this Division:

(1)

For any person, real estate broker, or real estate salesperson, because of race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status, to:

(A)

Refuse to sell, lease, sublease, rent, assign, or otherwise transfer, or refuse to negotiate for the sale, lease, sublease, rental, assignment, or other transfer of commercial real estate, or represent that commercial real estate is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when in fact it is so available, or otherwise deny or withhold commercial real estate from any person.

(B)

Include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of commercial real estate any clause, condition, or restriction discriminating against any person in the use or occupancy of such real estate.

(C)

Discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy.

(2)

For any lending institution, because of race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status to:

(A)

Discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain commercial real estate.

(B)

Discriminate in fixing the rates, terms, conditions, or provisions of any such financial assistance, or in extending service in connection therewith.

(3)

For any person, real estate broker or real estate salesperson, with respect to any act prohibited in Subsections (a) (1) or (2), to publish or circulate, or to cause to be published or circulated, any notice, statement, listing, or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental, or financing of commercial real estate, or to make any record or business inquiry in connection with the prospective purchase, lease, rental, or financing of commercial real estate which indicates reliance on or a decision based on race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status. However, this subsection does not preclude the use of a logo or other means of advertising to advise handicapped persons that any commercial real estate is suitable or adapted to use by handicapped persons.

(4)

For any person to assist in, compel, or coerce the doing of any unlawful practice under this Subdivision, to obstruct or prevent enforcement or compliance with this Subdivision, or to attempt directly or indirectly to commit any unlawful practice.

(5)

For any person, real estate broker, or real estate salesperson, to:

(A)

Induce or attempt to induce, by direct or indirect methods, any person to transfer commercial real estate by representations regarding the existing or potential proximity of real estate owned, used, or occupied by any person of any particular race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status.

(B)

Represent to any prospective purchaser or lessee that any commercial real estate in a particular area may undergo, is undergoing, or has undergone a change with respect to race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status of occupants of such area.

(C)

Place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any commercial real estate that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition, because of race, religion, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status.

(6)

For any person, real estate broker, or real estate salesperson to deny any other person or real estate broker or real estate salesperson 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 buying, selling, or renting commercial real estate, or to discriminate against that person in the terms or conditions of such access, membership, or participation because of race, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status.

(7)

This section does not apply to religious institutions or organizations or charitable or educational organizations operated, supervised, or controlled by religious institutions or organizations which give preferences to members of the same religion in a commercial real estate transaction, as long as membership in such religion is not restricted by race, color, sex, national origin, age, occupation, marital status, political opinion, personal appearance, sexual orientation, physical or mental handicap, or familial status.

(CB-30-1990; CB-23-1991)