Section R10-2-104. Other Prohibited Sale and Rental Conduct

A.      It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to restrict or attempt to restrict the choices of a person by word or conduct in connec- tion with seeking, negotiating for, buying, or renting a dwell- ing so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood, or development.

B.       It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons. This prohibition includes:

1.        Discharging or taking other adverse action against an employee, broker, or agent because the person refused to participate in a discriminatory housing practice;

2.        Employing codes or other devices to segregate or reject applicants, purchasers, or renters; refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, handicap, familial status, or national origin; or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, handicap, familial status, or national origin;

3.        Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, handicap, familial status, or national origin; and

4.        Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services or insurance differently because of race, color, religion, sex, handicap, familial status, or national origin.

C.      Conduct prohibited by A.R.S. § 41-1491.16, generally referred to as unlawful steering practices, includes:

1.        Discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, handicap, familial status, or national origin, or because of the race, color, religion, sex, handicap, familial status, or national origin of persons in community, neighborhood, or development;

2.        Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin by exaggerating drawbacks or failing to inform of desirable features of a dwelling or of a commu- nity, neighborhood, or development;

3.        Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, handicap, familial status, or national origin; and

4.        Assigning any person to a particular section of a commu- nity neighborhood, or development, or to a particular floor of a building because of race, color, religion, sex, handicap, familial status, or national origin.

D.      It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental. Prohibited actions under this Section include:

1.        Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, hand- icap, familial status, or national origin;

2.        Representing that covenants or other deed, trust, or lease pro- visions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale or rental of a dwelling to a person;

3.        Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin;

4.        Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, handicap, familial status, or national origin; and

5.        Providing false or inaccurate information regarding the avail- ability of a dwelling for sale or rental to any person, including testers, regardless or whether such person is actually seeking housing, because of race, color, religion, sex, handicap, famil- ial status, or national origin.

Historical Note

Adopted effective December 2, 1994 (Supp. 94-4).