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File #: 0494-2021    Version: 1
Type: Ordinance Status: Passed
File created: 2/22/2021 In control: Rules & Reference Committee
On agenda: 3/8/2021 Final action: 3/11/2021
Title: To amend Chapter 4501 and Chapter 4551 of Columbus City Codes protecting a tenant from discrimination based on their source of income.
Sponsors: Shayla Favor
Attachments: 1. Chapter 4501 Full Legislative Text.pdf

Explanation

Source of income discrimination occurs when landlords refuse to rent a unit to a prospective tenant based on their source of income. In Columbus, over half of Housing Choice Voucher recipients are Black households, causing source of income discrimination to be a proxy for race discrimination. Establishing protections for source of income will help provide opportunity for more affordable housing options in diverse neighborhoods across the city.

Title

To amend Chapter 4501 and Chapter 4551 of Columbus City Codes protecting a tenant from discrimination based on their source of income.

Body

WHEREAS, it is in the best interest of all parties to protect tenants from being discriminated against based on their source of income; and

WHEREAS, current code allows discrimination against tenants based on their source of income; and

WHEREAS, amending the city code to protect tenants from being discriminated against based on their source of income would benefit the City of Columbus because tenants will have additional housing opportunities within the city; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That Chapter 4501 of Columbus City Codes is hereby amended to read as follows:

4501.378 Source of Income

“Source of income” means any lawful source of income which can be verified and substantiated, including but not limited to, income derived from wages, social security, supplemental security income, public or private sources, and all forms of federal, state or local assistance payments or subsidies, including rent vouchers, child support, spousal support, and public assistance.

SECTION 2. That Chapter 4551 of The Columbus City Codes is hereby amended to read as follows:

4551.03 Source of Income Discrimination

(a) No operator shall knowingly, based on the source of income of a prospective tenant or current tenant:

(1) Refuse to lease or rent any real property to a prospective tenant or current tenant;

(2) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property;

(3) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant;

(4) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section;

(5) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section;

(6) Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or

(7) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent real property.

(b) If an operator requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met.

(c) Organizational criminal liability as provided for in Section 2301.23 is contemplated where an organization is an operator.

(d) Whoever violates this section is guilty of Source of Income Discrimination, a misdemeanor of the first degree.

SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.