§ 22-49. Definitions.

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:

Administrator means the county administrator or his designee.

Discriminatory housing practice means an act which is unlawful under sections 22-50 through 22-52.

Familial status is attained when one or more individuals who have not attained the age of 18 years are domiciled with a parent or other person having legal custody of such persons or a designee of a parent or other person having legal custody, with the written permission of such parent or other such person.

Family means one or more natural persons living together as a single housekeeping unit in a residential dwelling.

Handicap means a person who has a physical or mental impairment which substantially limits one or more major life activities, or has a record of having, or is regarded as having, such mental or physical impairment.

Housing for older persons .

(1)

The term "housing for older persons" means housing:

a.

Provided under any state or federal program that the administrator determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program;

b.

Intended for, and solely occupied by, persons 62 years of age or older; or

c.

Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall consider at least the following factors:

1.

The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if providing such facilities and services is not practicable, such housing is necessary to provide important housing opportunities for older persons;

2.

At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

3.

The publication and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(2)

Housing shall not fail to be considered housing for older persons if:

a.

A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or

b.

One or more units are unoccupied; provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection.

Lending institution means any bank, insurance company, savings and loan association or any other person or organization whose business consists, in whole or part, of making commercial real estate loans.

Owner means any person, including, but not limited to, a lessee, sublease, assignee, manager, or agent, having the right of ownership or possession or the authority to sell or lease any residential dwelling.

Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mortgage companies, joint stock companies, trusts, unincorporated organizations, public corporations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

Real estate broker or salesman means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication, or a person employed by or acting on behalf of any of these.

Rent means lease, sublease, assignment or rental, including any contract to do any of the foregoing, or otherwise granting for consideration the right to occupy premises that are not owned by the occupant.

Residential dwelling means any building, structure, or portion thereof, mobile home or trailer, or other facility which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home or trailer or other facility.

Residential real estate transaction means the making or purchasing of loans or providing other financial assistance for purchasing, construction, or maintaining a residential dwelling or secured by residential real estate or the selling, brokering, or appraising of residential real property.

Respondent means any person against whom a complaint is filed pursuant to this article.

Sale means any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to, or a beneficial interest in real property.

(Code 1982, § 1-10.5-26; Ord. No. 92-06, pt. A, 1-23-1992)