As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 264 5
1999-2000 6
REPRESENTATIVES SALERNO-SUTTON-ALLEN-BARRETT-BENDER-BOYD-BRITTON- 8
CLANCY-EVANS-FLANNERY-FORD-GOODMAN-HARTNETT-JAMES-JONES- 9
LUCAS-METELSKY-MOTTLEY-MYERS-OLMAN-OPFER-PRINGLE-SULLIVAN- 10
SULZER-SYKES-TAYLOR-TERWILLEGER-WILLAMOWSKI-WILLIAMS-YOUNG- 11
BARNES-AUSTRIA-DAMSCHRODER-THOMAS-DePIERO-VERICH-PATTON-CORE- 12
WOMER BENJAMIN-TIBERI-HOUSEHOLDER-PADGETT-PERRY-LOGAN- 14
SENATORS LATTA-HERINGTON
_________________________________________________________________ 16
A B I L L
To amend sections 124.93, 125.111, 153.59, 175.05, 18
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 19
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 20
4112.022, 4112.04, 4112.05, 4112.08, 4117.19, 21
4735.16, 4735.55, 4757.07, 5119.61, and 5123.351 22
of the Revised Code to substitute the term 23
"disability" for the term "handicap" in the law 24
pertaining to the Ohio Civil Rights Commission 25
and certain other related laws. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 124.93, 125.111, 153.59, 175.05, 30
175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 2927.03, 31
3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 4112.05, 33
4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, and 34
5123.351 of the Revised Code be amended to read as follows:
Sec. 124.93. (A) As used in this section, "physician" 43
means any person who holds a valid certificate to practice 44
medicine and surgery or osteopathic medicine and surgery issued 45
under Chapter 4731. of the Revised Code. 46
(B) No health insuring corporation that, on or after July 50
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1, 1993, enters into or renews a contract with the department of 52
administrative services under section 124.82 of the Revised Code 53
shall, because of a physician's race, color, religion, sex, 54
national origin, handicap DISABILITY AS DEFINED IN SECTION 55
4112.01 OF THE REVISED CODE, age, or ancestry, SHALL refuse to 56
contract with that physician for the provision of health care 57
services under that section 124.82 OF THE REVISED CODE. 58
Any health insuring corporation that violates this division 61
is deemed to have engaged in an unlawful discriminatory practice 62
as defined in section 4112.02 of the Revised Code and is subject 63
to Chapter 4112. of the Revised Code.
(C) Each health insuring corporation that, on or after 66
July 1, 1993, enters into or renews a contract with the 69
department of administrative services under section 124.82 of the 70
Revised Code and that refuses to contract with a physician for 71
the provision of health care services under that section shall 72
provide that physician with a written notice that clearly 73
explains the reason or reasons for the refusal. The notice shall 74
be sent to the physician by regular mail within thirty days after 75
the refusal.
Any health insuring corporation that fails to provide 78
notice in compliance with this division is deemed to have engaged 79
in an unfair and deceptive act or practice in the business of
insurance as defined in section 3901.21 of the Revised Code and 80
is subject to sections 3901.19 to 3901.26 of the Revised Code. 81
Sec. 125.111. (A) Every contract for or on behalf of the 90
state or any of its political subdivisions for any purchase shall 91
contain provisions similar to those required by section 153.59 of 92
the Revised Code in the case of construction contracts by which 93
the contractor agrees to both of the following: 94
(1) That, in the hiring of employees for the performance 96
of work under the contract or any subcontract, no contractor or 97
subcontractor shall, by reason of race, color, religion, sex, 98
age, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE 99
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REVISED CODE, national origin, or ancestry, SHALL discriminate 100
against any citizen of this state in the employment of a person 101
qualified and available to perform the work to which the contract 102
relates;
(2) That no contractor, subcontractor, or any person 104
acting on behalf of any contractor or subcontractor shall, in any 105
manner, SHALL discriminate against, intimidate, or retaliate 106
against any employee hired for the performance of work under the 107
contract on account of race, color, religion, sex, age, handicap 108
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 109
national origin, or ancestry. 110
(B) All contractors from whom the state or any of its 112
political subdivisions make purchases shall have a written 113
affirmative action program for the employment and effective 114
utilization of economically disadvantaged persons, as defined in 115
section 122.71 of the Revised Code. Annually, each such 116
contractor shall file a description of the affirmative action 117
program and a progress report on its implementation with the Ohio 118
civil rights commission and the minority business development 119
office established under section 122.92 of the Revised Code. 120
Sec. 153.59. Every contract for or on behalf of the state, 129
or any township, county, or municipal corporation thereof OF THE 130
STATE, for the construction, alteration, or repair of any public 132
building or public work in the state shall contain provisions by 133
which the contractor agrees TO BOTH OF THE FOLLOWING: 134
(A) That, in the hiring of employees for the performance 136
of work under this THE contract or any subcontract, no 137
contractor, subcontractor, or any person acting on his A 138
CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, by reason of race, 140
creed, sex, handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF 141
THE REVISED CODE, or color, SHALL discriminate against any 142
citizen of the state in the employment of labor or workers who is 143
qualified and available to perform the work to which the 144
employment relates;
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(B) That no contractor, subcontractor, nor OR any person 146
on his A CONTRACTOR'S OR SUBCONTRACTOR'S behalf shall, in any 148
manner, SHALL discriminate against or intimidate any employee 150
hired for the performance of work under this THE contract on 151
account of race, creed, sex, handicap DISABILITY AS DEFINED IN 153
SECTION 4112.01 OF THE REVISED CODE, or color;
(C) The department of administrative services shall ensure 155
that no capital moneys appropriated by the general assembly for 156
any purpose shall be expended unless the project for which such 157
THOSE moneys are appropriated provides for an affirmative action 159
program for the employment and effective utilization of 160
disadvantaged persons whose disadvantage may arise from cultural, 161
racial, or ethnic background, or other similar cause, including, 162
without limitation BUT NOT LIMITED TO, race, religion, sex, 163
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 164
CODE, national origin, or ancestry. 165
In awarding contracts for capital improvement projects, the 167
department shall ensure that equal consideration be given to 168
contractors, subcontractors, or joint venturers who qualify as a 169
minority business enterprise. As used in this section, "minority 170
business enterprise" means a business enterprise that is owned or 171
controlled by one or more socially or economically disadvantaged 172
persons who are residents of this state. "Socially or 173
economically disadvantaged persons" means persons, regardless of 174
marital status, who are members of groups whose disadvantage may 175
arise from discrimination on the basis of race, religion, sex, 176
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 177
CODE, national origin, or ancestry, or other similar cause. Such 179
persons include, but are not limited to, Negroes, Puerto Ricans, 180
Spanish-speaking Americans, American Indians, Eskimos, and 181
Aleuts.
Sec. 175.05. (A) The Ohio housing finance agency may 190
purchase, and contract to purchase, mortgage loans or other 191
evidence of debt from lending institutions upon the terms and 192
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conditions that the agency shall determine, and all lending 193
institutions are authorized to sell to, or otherwise obtain 194
mortgage loans as agent for, the agency in accordance with this 195
chapter. 196
(B) The agency may provide in agreements with lending 198
institutions and in loan documents requirements applicable to the 199
purchase of mortgage loans to carry out the purposes of this 200
chapter, including, but not limited to, the following: 201
(1) Qualifications of lending institutions from which 203
mortgage loans may be acquired; 204
(2) The time periods within which lending institutions 206
must make commitments for, originate, and close mortgage loans, 207
and deliver them for purchase; 208
(3) The location and other characteristics of 210
single-family residential housing to be financed by mortgage 211
loans; 212
(4) The terms and conditions of mortgage loans to be 214
purchased; 215
(5) The amounts and types of insurance coverage required 217
on single-family residential housing and mortgage loans; 218
(6) The representations and warranties to be required of 220
lending institutions, private insurers, and other parties; 221
(7) Restrictions as to interest rates and other terms of 223
mortgage loans and the net effective interest rate on the 224
mortgage loans; 225
(8) The type and amount of collateral security to be 227
provided to assure repayment of any mortgage loan. 228
(C) The agency shall include in agreements with lending 230
institutions requirements applicable to the purchase of mortgage 231
loans or other evidence of debt as the agency considers necessary 232
or desirable in order to ensure that the single-family 233
residential housing financed by the mortgage loans is safe and 234
sanitary. 235
(D)(1) In connection with the issuance of any issue of 237
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bonds to provide funds to purchase mortgage loans or other 238
evidence of debt, the agency shall provide for the reasonable 239
availability of the funds on an equitable, statewide basis, and 240
without discrimination by reason of race, color, ancestry, 241
national origin, religion, sex, familial status, as defined in 242
section 4112.01 of the Revised Code, or handicap, DISABILITY as 243
defined in that section. Except as otherwise provided in 245
division (D)(2) of this section, the agency shall provide for 246
making not less than twenty per cent of the moneys for mortgage 248
loans from each issue of bonds available for not less than one 249
year for mortgage loans in targeted areas as described in section 250
143(j) of the Internal Revenue Code, including areas of chronic 251
economic distress as designated and confirmed under division (F) 252
of this section. The agency shall solicit commitments from all 254
qualified lending institutions and shall accord priorities to 255
commitments proffered for mortgage loans up to amounts for each 256
county which bear the same ratio to the moneys from the bond 257
issue available for mortgage loans as the population of that 258
county bears to the population of the state, using the most 259
recent available statewide census data as determined by the 260
agency. The priorities shall be accorded for periods determined 261
by the agency and subject to availabilities to be accorded to 262
targeted areas and areas of chronic economic distress, and, 263
within the priorities, the agency may establish priorities for 264
stated purposes including, but not limited to, for new 265
construction, rehabilitation, or home improvements, as the agency 266
may determine upon consideration of any preferences that may be 267
indicated from the local community. Any amounts given the 268
priorities which THAT are not claimed by commitments, origination 270
of loans, or loan closings within the time prescribed by the 271
agency may be reallocated in a manner that places the maximum 272
amount of the funds on an equitable basis and that achieves THE 273
broadest distribution to the extent practical, as the agency may 274
determine or authorize to be determined. If two or more 275
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qualified lending institutions commit for aggregate amounts in 276
excess of allocations, the agency shall accept commitments in 277
amounts adjusted on an equitable basis, as it determines, subject 278
to minimums prescribed by the agency and consideration of the 279
efficiency of placement of the moneys in mortgage loans. All 280
allocations made by or pursuant to authorization by the agency 281
shall be conclusive. 282
(2) The requirement of division (D)(1) of this section 284
that funds be allocated on a county-by-county basis according to 285
population does not apply to the allocation of funds for new 286
construction if the agency determines that there is an imbalance 287
of statewide demand for funds for new construction. The agency 288
shall take reasonable measures to invite statewide demand for 289
such funds before making the determination, and such invitation
shall remain open for a period of not less than thirty days 290
before the determination is made. If the agency determines that 291
the requirement does not apply, it shall allocate the funds for 292
new construction on an equitable basis among all of the counties 293
in which a demand is expressed.
(E) The agency is the sole entity in the state authorized 295
to issue bonds for the purpose of financing purchase, other than 296
lease-purchase, of single-family residential housing, and the 297
agency is hereby authorized to issue the bonds up to the full 298
amount permitted to be issued in the state by law. 299
(F) The director of development may designate areas within 301
the state as areas of chronic economic distress within the 302
meaning of section 143(j) of the Internal Revenue Code, the 303
designation to be confirmed by the agency or, if not so 304
confirmed, revised and resubmitted by the director to the agency 305
for confirmation. 306
(G) Lending institutions are authorized to comply with 308
requirements pursuant to this section notwithstanding other 309
restrictions in law or rules. 310
(H)(1) If any applicant for a mortgage loan under this 312
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section has reason to believe that the applicant's application 314
was denied unlawfully, the applicant may appeal the action to the 315
agency within thirty days after the applicant's application is 317
denied. The applicant shall take an appeal by filing a notice of 319
appeal with the agency. The notice of appeal shall set forth the 320
name and address of the applicant, the name and address of the 321
lending institution, the grounds upon which the applicant 322
believes that his THE application was unlawfully denied, and any 323
other information that the agency requires by rule. A copy of 324
the application shall be attached to the notice of appeal. 325
(2) Upon an appeal, the agency shall issue an order, 327
pursuant to an adjudication conducted in accordance with Chapter 328
119. of the Revised Code, affirming the denial of the application 329
or ordering the lending institution to grant the application. 330
Any party who is adversely affected by the issuance of an 331
adjudication order under this division may appeal to the court of 332
common pleas of the county in which the application was made in 333
accordance with section 119.12 of the Revised Code. 334
Sec. 175.06. (A) The Ohio housing finance agency may 343
make, and contract to make, loans to, or through, lending 344
institutions to finance the acquisition, construction, 345
improvement, and rehabilitation of multifamily residential 346
housing on terms and conditions that the agency shall determine, 347
and all. ALL lending institutions are authorized to borrow from 349
the agency in accordance with this section, provided that a 350
separate issue of bonds may be authorized for loans to, or 351
through, lending institutions with respect to multifamily 352
residential housing that shares a common site, ownership, and 353
security interest, and constitutes a single multifamily 354
residential housing project. 355
(B) The agency may purchase, and contract to purchase, 357
from lending institutions loans or other evidence of debt to 358
finance the acquisition, construction, improvement, and 359
rehabilitation of multifamily residential housing on terms and 360
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conditions that the agency shall determine, and all lending 361
institutions are authorized to sell the loans to the agency in 362
accordance with this section. 363
(C) The agency shall require, as a condition of each loan 365
made to, or through, a lending institution pursuant to this 366
section, that the lending institution use the loan proceeds to 367
make new loans in an aggregate principal amount at least equal to 368
the amount of the loan to finance the acquisition, construction, 369
improvement, and rehabilitation of multifamily residential 370
housing. 371
(D) The agency also shall require that the owners of 373
multifamily residential housing, the acquisition, construction, 374
improvements, or rehabilitation of which is financed by loans 375
purchased by the agency, or with the proceeds of loans made by 376
the agency pursuant to this section, demonstrate to the 377
satisfaction of the agency that the multifamily residential 378
housing is safe and sanitary, and the occupants of the 379
multifamily residential housing will benefit from the savings in 380
the cost of money to the lending institutions and the owners 381
resulting from the loans or proceeds from them. Determinations 382
by the agency with respect to those matters shall be deemed 383
conclusive. 384
(E) The interest rate or rates and other terms of loans 386
made or purchased by the agency pursuant to this section with the 387
proceeds of any issue of bonds, together with any other moneys 388
available for the payment of the bonds and the interest on them, 389
including reserve funds, shall be at least sufficient to assure 390
the payment of the bonds and the interest on them as they become 391
due. 392
(F) The agency may require that each lending institution 394
receiving a loan pursuant to this section shall issue and deliver 395
to the agency an evidence of its indebtedness to the agency which 396
shall bear the date or dates, shall mature at the time or times, 397
shall be subject to prepayment, and shall contain any other 398
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provisions consistent with this chapter that the agency shall 399
determine. 400
(G) The agency may require that loans made pursuant to 402
this section shall be secured as to payment of both principal and 403
interest by a pledge of any collateral security that the agency 404
shall determine to be necessary to assure the payment of the 405
loans and the interest on them as they become due. 406
(H) The agency may require that any collateral for loans 408
made pursuant to this section be deposited with a bank, trust 409
company, or other financial institution acceptable to the agency 410
located in the state and designated by the agency as custodian 411
for the collateral. In the absence of that requirement, each 412
lending institution shall enter into an agreement with the agency 413
containing any provisions that the agency considers necessary to 414
do all of the following: 415
(1) Adequately identify and maintain the collateral; 417
(2) Service the collateral; 419
(3) Require the lending institution to hold the collateral 421
as an agent for the agency and be accountable to the agency as 422
the trustee of an express trust for the application and 423
disposition of it and the income from it. 424
The agency also may establish any additional requirements 426
that it considers necessary with respect to the pledging, 427
assigning, setting aside, or holding of collateral, the making of 428
substitutions for it or additions to it, and the disposition of 429
income and receipts from it. 430
(I) The agency may require as a condition of each loan 432
made to a lending institution pursuant to this section that the 433
lending institution, within the period after receipt of the loan 434
proceeds that the agency may prescribe, shall have entered into 435
written commitments to make, and, within the period thereafter 436
that the agency may prescribe, shall have disbursed the loan 437
proceeds in new loans. The new loans shall have any terms and 438
conditions that the agency may prescribe. 439
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(J) The agency may require as a condition of any loans 441
made to, made through, or purchased from lending institutions 442
pursuant to this section any representations and warranties that 443
it shall determine to be necessary to secure the loans and carry 444
out the purpose of this chapter. 445
(K) The agency may provide in agreements with lending 447
institutions and in loan documents requirements applicable to the 448
purchase of loans pursuant to this section, including, but not 449
limited to, the following: 450
(1) Qualifications of lending institutions from which 452
loans may be purchased; 453
(2) The time period within which lending institutions must 455
make commitments for and originate loans and deliver them for 456
purchase; 457
(3) The location and characteristics of multifamily 459
residential housing to be financed by loans; 460
(4) The terms and conditions of loans to be purchased; 462
(5) The amounts and types of insurance coverage required 464
on multifamily residential housing, loans, and bonds; 465
(6) The type and amount of collateral security to be 467
provided to assure repayment of any loan or bonds. 468
(L) The agency shall require provision to be made for 470
making available to eligible families of low and moderate income 471
not less than that percentage of units in a multifamily 472
residential housing project financed under this section as 473
provided for in section 142(d) of the Internal Revenue Code, and 474
that all of those units be made available without discrimination 475
by reason of race, color, ancestry, national origin, religion, 476
sex, familial status, as defined in section 4112.01 of the 477
Revised Code, or handicap, DISABILITY as defined in that section. 479
(M) Lending institutions and owners and developers are 481
authorized to comply with requirements pursuant to this section 482
and section 176.05 of the Revised Code notwithstanding any other 483
restrictions in law or rules. 484
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Sec. 176.04. (A) No municipal corporation, county, or 493
township shall issue general obligations pursuant to section 494
133.51 of the Revised Code or expend moneys raised by taxation to 495
provide, or assist in providing, housing pursuant to Section 16 496
of Article VIII, Ohio Constitution, unless the municipal 497
corporation, county, or township has done all of the following: 498
(1) Established or designated a housing advisory board 500
pursuant to section 176.01 of the Revised Code, or entered into 501
an agreement pursuant to section 176.02 of the Revised Code for 502
the service of a housing advisory board established by one or 503
more other subdivisions; 504
(2) At least thirty days prior to approval of it by the 506
legislative authority of the municipal corporation, county, or 507
township, submitted to the housing advisory board for review, 508
comments, and recommendations, a comprehensive housing 509
affordability strategy for the municipal corporation, county, or 510
township developed under the "Cranston-Gonzalez National 511
Affordable Housing Act," 104 Stat. 4079 (1990), Pub. Law NO. 513
101-625, or other state or local comprehensive plan for the 514
development and maintenance of affordable housing within the 515
boundaries of the municipal corporation, county, or township. 516
Approval of the plan by the legislative authority may be 518
effective for a period of one to five years. No submission of an 519
amended plan is required unless the submitted description of the 520
purposes for which any part of those moneys are proposed to be 521
applied is intended to be, or raise a reasonable concern that it 522
might be construed to be, inconsistent with the existing plan. 523
(3) Submitted to the housing advisory board a written 525
description of the purposes to which the proceeds of the proposed 526
general obligations or the moneys raised by taxation are proposed 527
to be applied, and allowed at least fifteen days to elapse during 528
which the housing advisory board may review the submitted 529
description and advise the municipal corporation, county, or 530
township in accordance with division (D) of this section. For 531
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purposes of this section, the written description of the purposes 532
to which the moneys raised by taxation are proposed to be applied 533
may be submitted annually to the housing advisory board prior to 534
the adoption of the annual appropriation measure pursuant to 535
section 5705.38 of the Revised Code. 536
(B) No municipal corporation, county, or township shall 538
issue general obligations pursuant to section 133.51 of the 539
Revised Code to provide, or assist in providing, housing pursuant 540
to Section 16 of Article VIII, Ohio Constitution, unless the 541
municipal legislative authority, the board of county 542
commissioners, or the board of township trustees has 543
substantially complied with each of the following requirements: 544
(1) Analyzed the anticipated impact of the purposes to 546
which the proceeds of the proposed general obligations are to be 547
applied upon existing housing patterns in the municipal 548
corporation, county, or township; 549
(2) Submitted to the housing advisory board serving it a 551
fair housing impact statement summarizing the analysis undertaken 552
under division (B)(1) of this section and conclusions from that 553
analysis; 554
(3) Submitted to the housing advisory board serving it a 556
plan for affirmative marketing to persons, regardless of marital 557
status, who are members of groups that may be disadvantaged by 558
discrimination on the basis of race, religion, sex, handicap 559
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, 560
national origin, ancestry, children, or other similar cause or 561
who traditionally would not be expected to apply for housing at 562
the location proposed to be benefited by the proceeds of the 563
prosposed PROPOSED general obligations. 564
(C) No approval of a housing advisory board shall be 566
required for issuance of general obligations pursuant to section 567
133.51 of the Revised Code or any proposed expenditure of moneys 568
raised by taxation to provide, or assist in providing, housing 569
pursuant to Section 16 of Article VIII, Ohio Constitution. 570
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(D) The matters on which a housing advisory board shall 572
advise the subdivisions it serves shall include the following: 573
(1) The consistency of a project or program with the plan 575
submitted under division (A)(2) of this section; 576
(2) The extent to which any project or program to which 578
the proceeds of the proposed general obligations or the moneys 579
raised by taxation are proposed to be applied may displace 580
households that consequently may need relocation assistance; 581
(3) The length of time for which projects to which the 583
proceeds of the proposed general obligations or the moneys raised 584
by taxation are proposed to be applied will remain affordable to 585
any targeted income group; 586
(4) The extent to which any lending program is available, 588
in whole or in part, from private lenders upon reasonably 589
equivalent terms and conditions. 590
Sec. 176.06. Each municipal corporation, county, and 599
township shall compile and make available, in accordance with 600
this section, to the public for inspection and copying for a 601
period of five years the number and total dollar amount of 602
mortgage loans that were originated, for which completed 603
applications were received and applicants were rejected, and that 604
were purchased by that municipal corporation, county, or township 605
during each fiscal year. Information regarding each of the 606
mortgage loan categories listed above shall be itemized to 607
clearly and conspicuously disclose the following: 608
(A) The number and dollar amount of mortgage loans insured 610
under Title II of the "National Housing Act," 48 Stat. 1246 611
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the 612
"Housing Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et 613
seq., or guaranteed under the "Veterans' Loan Act," 58 Stat. 284 614
(1944), 38 U.S.C.A. 1801 et seq.; 615
(B) The number and dollar amount of mortgage loans made to 617
mortgagors who did not, at the time of execution of the mortgage, 618
intend to reside in the property securing the mortgage loan.; 619
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(C) The number and dollar amount of home improvement 622
loans.;
(D) The number and dollar amount of mortgage loans 624
involving mortgagors or mortgage applicants grouped according to 625
census tract, income level, race, color, religion, sex, ancestry, 626
handicap DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED 627
CODE, and national origin. 628
The information described in this section shall be made 630
available to the public in raw data form and updated quarterly. 631
Within four months after the end of each fiscal year, each 632
municipal corporation, county, and township shall submit to the 633
president of the senate and the speaker of the house of 634
representatives a report containing the information described in 635
this section for the immediately preceding fiscal year. 636
As used in this section, "mortgage loan" has the same 638
meaning as in section 175.01 of the Revised Code. 639
Sec. 306.43. (A) The board of trustees of a regional 648
transit authority or any officer or employee designated by such 649
board may make any contract for the purchase of goods or 650
services, the cost of which does not exceed twenty-five thousand 651
dollars. When an expenditure, other than for the acquisition of 652
real estate, the discharge of claims, or the acquisition of goods 653
or services under the circumstances described in division (H) of 654
this section, is expected to exceed twenty-five thousand dollars, 655
such expenditure shall be made through full and open competition 656
by the use of competitive procedures. The regional transit 657
authority shall use the competitive procedure, as set forth in 658
divisions (B), (C), (D), and (E) of this section, that is most 659
appropriate under the circumstances of the procurement. 660
(B) Competitive sealed bidding is the preferred method of 662
procurement and a regional transit authority shall use that 663
method if all of the following conditions exist: 664
(1) A clear, complete and adequate description of the 666
goods, services, or work is available; 667
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(2) Time permits the solicitation, submission, and 669
evaluation of sealed bids; 670
(3) The award will be made on the basis of price and other 672
price-related factors; 673
(4) It is not necessary to conduct discussions with 675
responding offerors about their bids; 676
(5) There is a reasonable expectation of receiving more 678
than one sealed bid. 679
A regional transit authority shall publish a notice calling 681
for bids once a week for no less than two consecutive weeks in at 682
least one newspaper of general circulation within the territorial 683
boundaries of the regional transit authority. A regional transit 684
authority may require that a bidder for any contract other than a 685
construction contract provide a bid guaranty in the form, 686
quality, and amount considered appropriate by the regional 687
transit authority. The board may let the contract to the lowest 688
responsive and responsible bidder. Where fewer than two 689
responsive bids are received, a regional transit authority may 690
negotiate price with the sole responsive bidder or may rescind 691
the solicitation and procure under division (H)(2) of this 692
section. 693
(C) A regional transit authority may use two-step 695
competitive bidding, consisting of a technical proposal and a 696
separate, subsequent sealed price bid from those submitting 697
acceptable technical proposals, if both of the following 698
conditions exist: 699
(1) A clear, complete, and adequate description of the 701
goods, services, or work is not available, but definite criteria 702
exist for the evaluation of technical proposals; 703
(2) It is necessary to conduct discussions with responding 705
offerors. 706
A regional transit authority shall publish a notice calling 708
for technical proposals once a week for no less than two 709
consecutive weeks in at least one newspaper of general 710
17
circulation within the territorial boundaries of the regional 711
transit authority. A regional transit authority may require a 712
bid guaranty in the form, quality, and amount the regional 713
transit authority considers appropriate. The board may let the 714
contract to the lowest responsive and responsible bidder. Where 715
fewer than two responsive and responsible bids are received, a 716
regional transit authority may negotiate price with the sole 717
responsive and responsible bidder or may rescind the solicitation 718
and procure under division (H)(2) of this section. 719
(D) A regional transit authority shall make a procurement 721
by competitive proposals if competitive sealed bidding or 722
two-step competitive bidding is not appropriate. 723
A regional transit authority shall publish a notice calling 725
for proposals once a week for no less than two consecutive weeks 726
in at least one newspaper of general circulation within the 727
territorial boundaries of the regional transit authority. A 728
regional transit authority may require a proposal guaranty in the 729
form, quality, and amount considered appropriate by the regional 730
transit authority. The board may let the contract to the 731
proposer making the offer considered most advantageous to the 732
authority. Where fewer than two competent proposals are 733
received, a regional transit authority may negotiate price and 734
terms with the sole proposer or may rescind the solicitation and 735
procure under division (H)(2) of this section. 736
(E)(1) A regional transit authority shall procure the 738
services of an architect or engineer in the manner prescribed by 739
the "Federal Mass Transportation Act of 1987," Public Law NO. 741
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 742
1608 and the services of a construction manager in the manner 743
prescribed by sections 9.33 to 9.332 of the Revised Code. 744
(2) A regional transit authority may procure revenue 746
rolling stock in the manner prescribed by division (B), (C), or 747
(D) of this section. 748
(3) All contracts for construction in excess of 750
18
twenty-five thousand dollars shall be made only after the 751
regional transit authority has published a notice calling for 752
bids once a week for two consecutive weeks in at least one 753
newspaper of general circulation within the territorial 754
boundaries of the regional transit authority. The board may 755
award a contract to the lowest responsive and responsible bidder. 756
Where only one responsive and responsible bid is received, the 757
regional transit authority may negotiate price with the sole 758
responsive bidder or may rescind the solicitation. The regional 759
transit authority shall award construction contracts in 760
accordance with sections 153.12 to 153.14 and 153.54 of the 761
Revised Code. Divisions (B) and (C) of this section shall not 762
apply to the award of contracts for construction. 763
(F) All contracts involving expenditures in excess of 765
twenty-five thousand dollars shall be in writing and shall be 766
accompanied by or shall refer to plans and specifications for the 767
work to be done. The plans and specifications shall at all times 768
be made and considered part of the contract. For all contracts 769
other than construction contracts, a regional transit authority 770
may require performance, payment, or maintenance guaranties or 771
any combination of such guaranties in the form, quality, and 772
amount it considers appropriate. The contract shall be approved 773
by the board and signed on behalf of the regional transit 774
authority and by the contractor. 775
(G) In making a contract, a regional transit authority may 777
give preference to goods produced in the United States in 778
accordance with the Buy America requirements in the "Surface 779
Transportation Assistance Act of 1982," Public Law NO. 97-424, 781
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and 782
the rules adopted thereunder. The regional transit authority 783
also may give preference to providers of goods produced in and 784
services provided in labor surplus areas as defined by the United 785
States department of labor in 41 U.S.C.A. 401 note, Executive 786
Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended. 787
19
(H) Competitive procedures under this section are not 789
required in any of the following circumstances: 790
(1) The board of trustees of a regional transit authority, 792
by a two-thirds affirmative vote of its members, determines that 793
a real and present emergency exists under any of the following 794
conditions, and the board enters its determination and the 795
reasons for it in its proceedings: 796
(a) Affecting safety, welfare, or the ability to deliver 798
transportation services; 799
(b) Arising out of an interruption of contracts essential 801
to the provision of daily transit services; 802
(c) Involving actual physical damage to structures, 804
supplies, equipment, or property. 805
(2) The purchase consists of goods or services, or any 807
combination thereof, and after reasonable inquiry the board or 808
any officer or employee the board designates finds that only one 809
source of supply is reasonably available. 810
(3) The expenditure is for a renewal or renegotiation of a 812
lease or license for telecommunications or electronic data 813
processing equipment, services, or systems, or for the upgrade of 814
such equipment, services, or systems, or for the maintenance 815
thereof as supplied by the original source or its successors or 816
assigns. 817
(4) The purchase of goods or services is made from another 819
political subdivision, public agency, public transit system, 820
regional transit authority, the state, or the federal government, 821
or as a third-party beneficiary under a state or federal 822
procurement contract, or as a participant in a department of 823
administrative services contract under division (B) of section 824
125.04 of the Revised Code. 825
(5) The sale and leaseback or lease and leaseback of 827
transit facilities is made as provided in division (AA) of 829
section 306.35 of the Revised Code. 830
(6) The purchase substantially involves services of a 832
20
personal, professional, highly technical, or scientific nature, 833
including but not limited to the services of an attorney, 834
physician, surveyor, appraiser, investigator, court reporter, 835
adjuster, advertising consultant, or licensed broker, or involves 836
the special skills or proprietary knowledge required for the 837
servicing of specialized equipment owned by the regional transit 838
authority. 839
(7) Services or supplies are available from a qualified 841
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 842
Revised Code. 843
(8) The purchase consists of the product or services of a 845
public utility. 846
(9) The purchase is for the services of individuals with 849
handicaps DISABILITIES to work in the authority's commissaries or 850
cafeterias, and those individuals are supplied by a nonprofit 851
corporation or association whose purpose is to assist individuals 853
with handicaps DISABILITIES, whether or not that organization 856
CORPORATION or association is funded entirely or in part by the 857
federal government, or the purchase is for services provided by a 859
nonprofit corporation or association whose purpose is to assist 860
individuals with handicaps DISABILITIES, whether or not that 861
organization CORPORATION or association is funded entirely or in 863
part by the federal government. For purposes of division 864
(G)(H)(9) of this section, "handicap DISABILITY" has the same 865
meaning as in section 4112.01 of the Revised Code.
(I) A regional transit authority may enter into blanket 867
purchase agreements for purchases of maintenance, operating, or 868
repair goods or services where the item cost does not exceed five 869
hundred dollars and the annual expenditure does not exceed 870
twenty-five thousand dollars. 871
(J) Nothing contained in this section prohibits a regional 873
transit authority from participating in intergovernmental 874
cooperative purchasing arrangements. 875
(K) Except as otherwise provided in this chapter, a 877
21
regional transit authority shall make a sale or other disposition 878
of property through full and open competition. Except as 879
provided in division (L) of this section, all dispositions of 880
personal property and all grants of real property for terms 881
exceeding five years shall be made by public auction or 882
competitive procedure. 883
(L) The competitive procedures required by division (K) of 885
this section are not required in any of the following 886
circumstances: 887
(1) The grant is a component of a joint development 889
between public and private entities and is intended to enhance or 890
benefit public transit. 891
(2) The grant of a limited use or of a license affecting 893
land is made to an owner of abutting real property. 894
(3) The grant of a limited use is made to a public 896
utility. 897
(4) The grant or disposition is to a department of the 899
federal or state government, to a political subdivision of the 900
state, or to any other governmental entity. 901
(5) Used equipment is traded on the purchase of equipment 903
and the value of the used equipment is a price-related factor in 904
the basis for award for the purchase. 905
(6) The value of the personal property is such that 907
competitive procedures are not appropriate and the property 908
either is sold at its fair market value or is disposed of by gift 909
to a nonprofit entity having the general welfare or education of 910
the public as one of its principal objects. 911
(M) The board of trustees of a regional transit authority, 913
when making a contract funded exclusively by state or local 914
moneys or any combination thereof, shall make a good faith effort 915
to use disadvantaged business enterprise participation to the 916
same extent required under Section 105(f) of the "Surface 917
Transportation Assistance Act of 1982," Public Law NO. 97-424, 96 919
Stat. 2100, and Section 106(c) of the "Surface Transportation and 920
22
Uniform Relocation Assistance Act of 1987," Public Law NO. 922
100-17, 101 Stat. 145, and the rules adopted thereunder. 923
(N) As used in this section: 925
(1) "Goods" means all things, including specially 927
manufactured goods, that are movable at the time of 928
identification to the contract for sale other than the money in 929
which the price is to be paid, investment securities, and things 930
in action. "Goods" also includes other identified things 931
attached to realty as described in section 1302.03 of the Revised 932
Code. 933
(2) "Services" means the furnishing of labor, time, or 935
effort by a contractor, not involving the delivery of goods or 936
reports other than goods or reports that are merely incidental to 937
the required performance, including but not limited to insurance, 938
bonding, or routine operation, routine repair, or routine 939
maintenance of existing structures, buildings, real property, or 940
equipment, but does not include employment agreements, collective 941
bargaining agreements, or personal services. 942
(3) "Construction" means the process of building, 944
altering, repairing, improving, painting, decorating, or 945
demolishing any structure or building, or other improvements of 946
any kind to any real property owned or leased by a regional 947
transit authority. 948
(4) "Full and open competition" has the same meaning as in 950
the "Office of Federal Procurement Policy Act," Public Law NO. 952
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403. 953
(5) A bidder is "responsive" if, applying the criteria of 955
division (A) of section 9.312 of the Revised Code, the bidder is 956
"responsive" as described in that section. 957
(6) A bidder is "responsible" if, applying the criteria of 959
division (A) of section 9.312 of the Revised Code and of the 960
"Office of Federal Procurement Policy Act," Public Law NO. 962
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the 963
bidder is "responsible" as described in those sections. 964
23
Sec. 717.01. Each municipal corporation may do any of the 973
following: 974
(A) Acquire by purchase or condemnation real estate with 976
or without buildings on it, and easements or interests in real 977
estate; 978
(B) Extend, enlarge, reconstruct, repair, equip, furnish, 980
or improve a building or improvement that it is authorized to 981
acquire or construct; 982
(C) Erect a crematory or provide other means for disposing 984
of garbage or refuse, and erect public comfort stations; 985
(D) Purchase turnpike roads and make them free; 987
(E) Construct wharves and landings on navigable waters; 989
(F) Construct infirmaries, workhouses, prisons, police 991
stations, houses of refuge and correction, market houses, public 992
halls, public offices, municipal garages, repair shops, storage 993
houses, and warehouses; 994
(G) Construct or acquire waterworks for supplying water to 996
the municipal corporation and its inhabitants and extend the 997
waterworks system outside of the municipal corporation limits; 998
(H) Construct or purchase gas works or works for the 1,000
generation and transmission of electricity, for the supplying of 1,001
gas or electricity to the municipal corporation and its 1,002
inhabitants; 1,003
(I) Provide grounds for cemeteries or crematories, enclose 1,005
and embellish them, and construct vaults or crematories; 1,006
(J) Construct sewers, sewage disposal works, flushing 1,008
tunnels, drains, and ditches; 1,009
(K) Construct free public libraries and reading rooms, and 1,011
free recreation centers; 1,012
(L) Establish free public baths and municipal lodging 1,014
houses; 1,015
(M) Construct monuments or memorial buildings to 1,017
commemorate the services of soldiers, sailors, and marines of the 1,018
state and nation; 1,019
24
(N) Provide land for and improve parks, boulevards, and 1,021
public playgrounds; 1,022
(O) Construct hospitals and pesthouses; 1,024
(P) Open, construct, widen, extend, improve, resurface, or 1,026
change the line of any street or public highway; 1,027
(Q) Construct and improve levees, dams, waterways, 1,029
waterfronts, and embankments and improve any watercourse passing 1,030
through the municipal corporation; 1,031
(R) Construct or improve viaducts, bridges, and culverts; 1,033
(S)(1) Construct any building necessary for the police or 1,035
fire department; 1,036
(2) Purchase fire engines or fire boats; 1,038
(3) Construct water towers or fire cisterns; 1,040
(4) Place underground the wires or signal apparatus of any 1,042
police or fire department;. 1,043
(T) Construct any municipal ice plant for the purpose of 1,045
manufacturing ice for the citizens of a municipal corporation; 1,046
(U) Construct subways under any street or boulevard or 1,048
elsewhere; 1,049
(V) Acquire by purchase, gift, devise, bequest, lease, 1,051
condemnation proceedings, or otherwise, real or personal 1,052
property, and thereon and thereof to establish, construct, 1,053
enlarge, improve, equip, maintain, and operate airports, landing 1,054
fields, or other air navigation facilities, either within or 1,055
outside the limits of a municipal corporation, and acquire by 1,056
purchase, gift, devise, lease, or condemnation proceedings 1,057
rights-of-way for connections with highways, waterways, and 1,058
electric, steam, and interurban railroads, and improve and equip 1,059
such facilities with structures necessary or appropriate for such 1,060
purposes. No municipal corporation may take or disturb property 1,061
or facilities belonging to any public utility or to a common 1,062
carrier engaged in interstate commerce, which property or 1,063
facilities are required for the proper and convenient operation 1,064
of the utility or carrier, unless provision is made for the 1,065
25
restoration, relocation, or duplication of the property or 1,066
facilities elsewhere at the sole cost of the municipal 1,067
corporation. 1,068
(W) Provide by agreement with any regional airport 1,070
authority, created under section 308.03 of the Revised Code, for 1,071
the making of necessary surveys, appraisals, and examinations 1,072
preliminary to the acquisition or construction of any airport or 1,073
airport facility and pay the portion of the expense of the 1,074
surveys, appraisals, and examinations as set forth in the 1,075
agreement; 1,076
(X) Provide by agreement with any regional airport 1,078
authority, created under section 308.03 of the Revised Code, for 1,079
the acquisition, construction, maintenance, or operation of any 1,080
airport or airport facility owned or to be owned and operated by 1,081
the regional airport authority or owned or to be owned and 1,082
operated by the municipal corporation and pay the portion of the 1,083
expense of it as set forth in the agreement; 1,084
(Y) Acquire by gift, purchase, lease, or condemnation, 1,086
land, forest, and water rights necessary for conservation of 1,087
forest reserves, water parks, or reservoirs, either within or 1,088
without the limits of the municipal corporation, and improve and 1,089
equip the forest and water parks with structures, equipment, and 1,090
reforestation necessary or appropriate for any purpose for the 1,091
utilization of any of the forest and water benefits that may 1,092
properly accrue therefrom to the municipal corporation; 1,093
(Z) Acquire real property by purchase, gift, or devise and 1,095
construct and maintain on it public swimming pools, either within 1,096
or outside the limits of the municipal corporation; 1,097
(AA) Construct or rehabilitate, equip, maintain, operate, 1,099
and lease facilities for housing of elderly persons and for 1,100
persons of low and moderate income, and appurtenant facilities. 1,101
No municipal corporation shall deny housing accommodations to or 1,102
withhold housing accommodations from elderly persons or persons 1,103
of low and moderate income because of race, color, religion, sex, 1,104
26
familial status, as defined in section 4112.01 of the Revised 1,105
Code, handicap, DISABILITY as defined in that section, ancestry, 1,107
or national origin. Any elderly person or person of low or 1,108
moderate income who is denied housing accommodations or has them 1,109
withheld by a municipal corporation because of race, color, 1,110
religion, sex, familial status, as defined in section 4112.01 of 1,111
the Revised Code, handicap, DISABILITY as defined in that 1,112
section, ancestry, or national origin may file a charge with the 1,114
Ohio civil rights commission as provided in Chapter 4112. of the 1,115
Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or 1,117
rail service, and enter into agreements with the Ohio rail 1,119
development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal 1,120
corporations, with other governmental agencies or organizations, 1,121
and with private agencies or organizations in order to achieve 1,122
those purposes; 1,123
(CC) Appropriate and contribute money to a soil and water 1,125
conservation district for use under Chapter 1515. of the Revised 1,126
Code; 1,127
(DD) Authorize the board of county commissioners, pursuant 1,129
to a contract authorizing the action, to contract on the 1,130
municipal corporation's behalf for the administration and 1,131
enforcement within its jurisdiction of the state building code by 1,132
another county or another municipal corporation located within or 1,133
outside the county. The contract for administration and 1,134
enforcement shall provide for obtaining certification pursuant to 1,135
division (E) of section 3781.10 of the Revised Code for the 1,136
exercise of administration and enforcement authority within the 1,137
municipal corporation seeking those services and shall specify 1,138
which political subdivision is responsible for securing that 1,139
certification. 1,140
(EE) Expend money for providing and maintaining services 1,142
and facilities for senior citizens. 1,143
27
"Airport," "landing field," and "air navigation facility," 1,145
as defined in section 4561.01 of the Revised Code, apply to 1,146
division (V) of this section. 1,147
As used in divisions (W) and (X) of this section, "airport" 1,149
and "airport facility" have the same meanings as in section 1,150
308.01 of the Revised Code. 1,151
As used in division (BB) of this section, "rail property" 1,153
and "rail service" have the same meanings as in section 4981.01 1,154
of the Revised Code. 1,155
Sec. 1501.012. (A) The director of natural resources may 1,164
lease lands in state parks, as defined in section 1501.07 of the 1,165
Revised Code, and contract for the construction and operation of 1,166
public service facilities, as mentioned in that section, and for 1,167
major renovation or remodeling of existing public service 1,168
facilities by the lessees on those lands. If the director 1,169
determines that doing so would be consistent with long-range 1,170
planning of the department of natural resources and in the best 1,171
interests of the department and the division of parks and 1,172
recreation in the department, the director shall negotiate and 1,174
execute a lease and contract for those purposes in accordance 1,175
with this chapter except as otherwise provided in this section. 1,176
(B) With the approval of the recreation and resources 1,178
council created under section 1501.04 of the Revised Code, the 1,180
director shall draft a statement of intent describing any public 1,181
service facility that the department wishes to have constructed 1,182
in accordance with this section and establishing a procedure for 1,183
the submission of proposals for providing the facility, 1,184
including, without limitation BUT NOT LIMITED TO, a requirement 1,185
that each prospective bidder or lessee of land shall submit with 1,187
the proposal a completed questionnaire and financial statement, 1,188
on forms prescribed and furnished by the department, to enable 1,189
the department to ascertain the person's financial worth and 1,190
experience in maintaining and operating facilities similar or 1,191
related to the public service facility in question. The 1,192
28
completed questionnaire and financial statement shall be verified 1,193
under oath by the prospective bidder or lessee. Questionnaires 1,194
and financial statements submitted under this division are 1,195
confidential and are not open to public inspection. Nothing in 1,196
this division shall be construed to prevent use of or reference 1,197
to questionnaires and financial statements in a civil action or 1,198
criminal prosecution commenced by the state. 1,199
The director shall publish the statement of intent in at 1,201
least three daily newspapers of general circulation in the state 1,202
at least once each week for four consecutive weeks. The director 1,204
shall then SHALL accept proposals in response to the statement of 1,205
intent for at least thirty days following the final publication 1,207
of the statement. At the end of the period during which 1,208
proposals may be submitted under this division, the director 1,209
shall select the proposal that the director determines best 1,210
complies with the statement of intent and may negotiate a lease 1,211
and contract with the person that submitted that proposal. 1,212
(C) Any lease and contract negotiated under this section 1,214
shall include in its terms and conditions ALL OF THE FOLLOWING: 1,215
(1) The legal description of the leasehold; 1,217
(2) The duration of the lease and contract, which shall 1,219
not exceed forty years, and a requirement that the lease and 1,220
contract be nonrenewable; 1,221
(3) A requirement that the lessee maintain in full force 1,223
and effect during the term of the lease and contract 1,224
comprehensive liability insurance for injury, death, or loss to 1,225
persons or property and fire casualty insurance for the public 1,226
service facility and all its structures in an amount established 1,227
by the director and naming the department as an additional 1,228
insured; 1,229
(4) A requirement that the lessee maintain in full force 1,231
and effect suitable performance bonds or other adequate security 1,232
pertaining to the construction and operation of the public 1,233
service facility; 1,234
29
(5) Detailed plans and specifications controlling the 1,236
construction of the public service facility that shall include 1,237
ALL OF THE FOLLOWING: 1,238
(a) The size and capacity of the facility; 1,240
(b) The type and quality of construction; 1,242
(c) Such other OTHER criteria as THAT the department 1,245
considers necessary and advisable. 1,246
(6) The manner of rental payment; 1,248
(7) A stipulation that the director shall have control and 1,250
supervision over ALL OF THE FOLLOWING: 1,251
(a) The operating season of the public service facility; 1,253
(b) The facility's hours of operation; 1,255
(c) The maximum rates to be charged guests using the 1,257
facility; 1,258
(d) The facility's sanitary conditions; 1,260
(e) The quality of food and service furnished the guests 1,262
of the facility; 1,263
(f) The lessee's general and structural maintenance 1,265
responsibilities at the facility. 1,266
(8) The disposition of the leasehold and improvements at 1,268
the expiration of the lease and contract; 1,269
(9) A requirement that the public service facility be 1,271
available to all members of the public without regard to sex, 1,272
race, color, creed, ancestry, national origin, or handicap 1,273
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE; 1,275
(10) Such other OTHER terms and conditions as THAT the 1,278
director considers necessary and advisable to carry out the 1,279
purposes of this section. 1,280
(D) The attorney general shall approve the form of the 1,282
lease and contract prior to its execution by the director. 1,283
(E) The authority granted in this section to the director 1,285
is in addition and supplemental to any other authority granted 1,286
the director under state law. 1,287
Sec. 2927.03. (A) No person, whether or not acting under 1,296
30
color of law, shall by force or threat of force willfully injure, 1,297
intimidate, or interfere with, or attempt to injure, intimidate, 1,298
or interfere with, any of the following: 1,299
(1) Any person because of race, color, religion, sex, 1,301
familial status, as defined in section 4112.01 of the Revised 1,302
Code, national origin, handicap, DISABILITY as defined in that 1,303
section, or ancestry and because that person is or has been 1,305
selling, purchasing, renting, financing, occupying, contracting, 1,306
or negotiating for the sale, purchase, rental, financing, or 1,307
occupation of any housing accommodations, or applying for or 1,308
participating in any service, organization, or facility relating 1,309
to the business of selling or renting housing accommodations; 1,310
(2) Any person because that person is or has been DOING, 1,312
or in order to intimidate that person or any other person or any 1,313
class of persons from doing, either of the following: 1,314
(a) Participating, without discrimination on account of 1,316
race, color, religion, sex, familial status, as defined in 1,317
section 4112.01 of the Revised Code, national origin, handicap, 1,318
DISABILITY as defined in that section, or ancestry, in any of the 1,320
activities, services, organizations, or facilities described in 1,321
division (A)(1) of this section; 1,322
(b) Affording another person or class of persons 1,324
opportunity or protection so to participate. 1,325
(3) Any person because that person is or has been, or in 1,327
order to discourage that person or any other person from, 1,328
lawfully aiding or encouraging other persons to participate, 1,329
without discrimination on account of race, color, religion, sex, 1,330
familial status, as defined in section 4112.01 of the Revised 1,331
Code, national origin, handicap, DISABILITY as defined in that 1,332
section, or ancestry, in any of the activities, services, 1,334
organizations, or facilities described in division (A)(1) of this 1,335
section, or participating lawfully in speech or peaceful assembly 1,336
opposing any denial of the opportunity to so participate. 1,337
(B) Whoever violates division (A) of this section is 1,339
31
guilty of a misdemeanor of the first degree. 1,340
Sec. 3781.111. (A) In addition to the powers conferred by 1,349
any other section of the Revised Code, the board of building 1,350
standards shall adopt standards and rules to facilitate the 1,351
reasonable access and use by all handicapped persons WITH A 1,352
DISABILITY of all buildings and the facilities of buildings for 1,354
which plans are submitted for approval under section 3791.04 of 1,355
the Revised Code. No standard or rule shall be applied to any 1,356
building the plans or drawings, specifications, and date of which 1,357
have been approved prior to the time that the standard or rule 1,358
takes effect.
(B) Except as otherwise provided in this section, the 1,360
standards and rules adopted by the board pursuant to this section 1,361
shall be in accordance with THE "The Americans With WITH 1,362
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as 1,364
amended, and THE "The Fair Housing Amendments ACT of 1988," 102 1,365
Stat. 1619, 42 U.S.C.A. 3601, as amended. 1,366
(C) All signs posted to designate special parking 1,368
locations for handicapped persons WITH A DISABILITY and persons 1,369
with disabilities that limit or impair the ability to walk in 1,371
accordance with division (E) of section 4511.69 of the Revised 1,372
Code and the standards and rules adopted pursuant to this section 1,373
shall be mounted on a fixed or movable post or otherwise affixed 1,374
in a vertical position at a height so that the sign is clearly 1,375
visible to the driver of a vehicle when parked in such a 1,376
location.
(D) As used in this section, "handicapped person 1,378
DISABILITY" has the same meaning as in section 4112.01 of the 1,380
Revised Code. As used in division (C) of this section, "persons 1,381
with disabilities that limit or impair the ability to walk" has 1,382
the same meaning as in division (A)(1) of section 4503.44 of the 1,383
Revised Code.
(E) No owner of a building or facility where special 1,385
parking locations for handicapped persons WITH A DISABILITY must 1,386
32
be designated in accordance with the standards and rules adopted 1,388
pursuant to this section shall fail to properly mark the special 1,389
parking locations as required by those standards and rules or 1,390
fail to maintain the markings of the special parking locations, 1,391
including the erection and maintenance of the fixed or movable 1,392
signs.
Sec. 4112.01. (A) As used in this chapter: 1,401
(1) "Person" includes one or more individuals, 1,403
partnerships, associations, organizations, corporations, legal 1,404
representatives, trustees, trustees in bankruptcy, receivers, and 1,405
other organized groups of persons. "Person" also includes, but 1,406
is not limited to, any owner, lessor, assignor, builder, manager, 1,407
broker, salesman SALESPERSON, appraiser, agent, employee, lending 1,409
institution, and the state and all political subdivisions, 1,410
authorities, agencies, boards, and commissions of the state. 1,411
(2) "Employer" includes the state, any political 1,413
subdivision of the state, any person employing four or more 1,414
persons within the state, and any person acting directly or 1,415
indirectly in the interest of an employer. 1,416
(3) "Employee" means an individual employed by any 1,418
employer but does not include any individual employed in the 1,419
domestic service of any person. 1,420
(4) "Labor organization" includes any organization that 1,422
exists, in whole or in part, for the purpose of collective 1,423
bargaining or of dealing with employers concerning grievances, 1,424
terms or conditions of employment, or other mutual aid or 1,425
protection in relation to employment. 1,426
(5) "Employment agency" includes any person regularly 1,428
undertaking, with or without compensation, to procure 1,429
opportunities to work or to procure, recruit, refer, or place 1,430
employees. 1,431
(6) "Commission" means the Ohio civil rights commission 1,433
created by section 4112.03 of the Revised Code. 1,434
(7) "Discriminate" includes segregate or separate. 1,436
33
(8) "Unlawful discriminatory practice" means any act 1,438
prohibited by section 4112.02, 4112.021, or 4112.022 of the 1,439
Revised Code. 1,440
(9) "Place of public accommodation" means any inn, 1,442
restaurant, eating house, barbershop, public conveyance by air, 1,443
land, or water, theater, store, other place for the sale of 1,444
merchandise, or any other place of public accommodation or 1,445
amusement of which the accommodations, advantages, facilities, or 1,446
privileges are available to the public. 1,447
(10) "Housing accommodations" includes any building or 1,449
structure, or portion of a building or structure, that is used or 1,450
occupied or is intended, arranged, or designed to be used or 1,451
occupied as the home residence, dwelling, dwelling unit, or 1,452
sleeping place of one or more individuals, groups, or families 1,453
whether or not living independently of each other; and any vacant 1,454
land offered for sale or lease. "Housing accommodations" also 1,455
includes any housing accommodations held or offered for sale or 1,456
rent by a real estate broker, salesman SALESPERSON, or agent, by 1,457
any other person pursuant to authorization of the owner, by the 1,459
owner, or by the owner's legal representative. 1,460
(11) "Restrictive covenant" means any specification 1,462
limiting the transfer, rental, lease, or other use of any housing 1,463
accommodations because of race, color, religion, sex, familial 1,464
status, national origin, handicap DISABILITY, or ancestry, or any 1,466
limitation based upon affiliation with or approval by any person, 1,467
directly or indirectly, employing race, color, religion, sex, 1,468
familial status, national origin, handicap DISABILITY, or 1,469
ancestry as a condition of affiliation or approval. 1,471
(12) "Burial lot" means any lot for the burial of deceased 1,473
persons within any public burial ground or cemetery, including, 1,474
but not limited to, cemeteries owned and operated by municipal 1,475
corporations, townships, or companies or associations 1,476
incorporated for cemetery purposes. 1,477
(13) "Handicap DISABILITY" means a physical or mental 1,479
34
impairment that substantially limits one or more major life 1,482
activities, including the functions of caring for one's self, 1,483
performing manual tasks, walking, seeing, hearing, speaking, 1,484
breathing, learning, and working; a record of a physical or 1,485
mental impairment; or being regarded as having a physical or 1,486
mental impairment.
(14) Except as otherwise provided in section 4112.021 of 1,488
the Revised Code, "age" means at least forty years old. 1,489
(15) "Familial status" means either of the following: 1,491
(a) One or more individuals who are under eighteen years 1,493
of age and who are domiciled with a parent or guardian having 1,494
legal custody of the individual or domiciled, with the written 1,495
permission of the parent or guardian having legal custody, with a 1,496
designee of the parent or guardian; 1,497
(b) Any person who is pregnant or in the process of 1,499
securing legal custody of any individual who is under eighteen 1,500
years of age. 1,501
(16)(a) Except as provided in division (A)(16)(b) of this 1,503
section, "physical or mental impairment" includes any of the 1,504
following: 1,505
(i) Any physiological disorder or condition, cosmetic 1,507
disfigurement, or anatomical loss affecting one or more of the 1,508
following body systems: neurological; musculoskeletal; special 1,509
sense organs; respiratory, including speech organs; 1,510
cardiovascular; reproductive; digestive; genito-urinary; hemic 1,511
and lymphatic; skin; and endocrine; 1,512
(ii) Any mental or psychological disorder, including, but 1,514
not limited to, mental retardation, organic brain syndrome, 1,515
emotional or mental illness, and specific learning disabilities; 1,516
(iii) Diseases and conditions, including, but not limited 1,518
to, orthopedic, visual, speech, and hearing impairments, cerebral 1,519
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, 1,520
cancer, heart disease, diabetes, human immunodeficiency virus 1,521
infection, mental retardation, emotional illness, drug addiction, 1,522
35
and alcoholism. 1,523
(b) "Physical or mental impairment" does not include any 1,525
of the following: 1,526
(i) Homosexuality and bisexuality; 1,528
(ii) Transvestism, transsexualism, pedophilia, 1,530
exhibitionism, voyeurism, gender identity disorders not resulting 1,531
from physical impairments, or other sexual behavior disorders; 1,532
(iii) Compulsive gambling, kleptomania, or pyromania; 1,534
(iv) Psychoactive substance use disorders resulting from 1,536
current illegal use of a controlled substance. 1,537
(17) "Dwelling unit" means a single unit of residence for 1,539
a family of one or more persons. 1,540
(18) "Common use areas" means rooms, spaces, or elements 1,542
inside or outside a building that are made available for the use 1,543
of residents of the building or their guests, and includes, but 1,544
is not limited to, hallways, lounges, lobbies, laundry rooms, 1,545
refuse rooms, mail rooms, recreational areas, and passageways 1,546
among and between buildings. 1,547
(19) "Public use areas" means interior or exterior rooms 1,549
or spaces of a privately or publicly owned building that are made 1,550
available to the general public. 1,551
(20) "Controlled substance" has the same meaning as in 1,553
section 3719.01 of the Revised Code. 1,554
(21) "Handicapped person" means a person with a handicap. 1,556
(22) "Handicapped DISABLED tenant" means a tenant or 1,558
prospective tenant who is a handicapped person WITH A DISABILITY. 1,560
(B) For the purposes of divisions (A) to (F) of section 1,562
4112.02 of the Revised Code, the terms "because of sex" and "on 1,563
the basis of sex" include, but are not limited to, because of or 1,564
on the basis of pregnancy, any illness arising out of and 1,565
occurring during the course of a pregnancy, childbirth, or 1,566
related medical conditions. Women affected by pregnancy, 1,567
childbirth, or related medical conditions shall be treated the 1,568
same for all employment-related purposes, including receipt of 1,569
36
benefits under fringe benefit programs, as other persons not so 1,570
affected but similar in their ability or inability to work, and 1,571
nothing in division (B) of section 4111.17 of the Revised Code 1,572
shall be interpreted to permit otherwise. This division shall 1,573
not be construed to require an employer to pay for health 1,574
insurance benefits for abortion, except where the life of the 1,575
mother would be endangered if the fetus were carried to term or 1,576
except where medical complications have arisen from the abortion, 1,577
provided that nothing in this division precludes an employer from 1,578
providing abortion benefits or otherwise affects bargaining 1,579
agreements in regard to abortion. 1,580
Sec. 4112.02. It shall be an unlawful discriminatory 1,589
practice:
(A) For any employer, because of the race, color, 1,591
religion, sex, national origin, handicap DISABILITY, age, or 1,592
ancestry of any person, to discharge without just cause, to 1,594
refuse to hire, or otherwise to discriminate against that person 1,595
with respect to hire, tenure, terms, conditions, or privileges of 1,596
employment, or any matter directly or indirectly related to 1,597
employment.
(B) For an employment agency or personnel placement 1,599
service, because of race, color, religion, sex, national origin, 1,600
handicap DISABILITY, age, or ancestry, to do any of the 1,601
following: 1,602
(1) Refuse or fail to accept, register, classify properly, 1,604
or refer for employment, or otherwise discriminate against any 1,605
person; 1,606
(2) Comply with a request from an employer for referral of 1,608
applicants for employment if the request directly or indirectly 1,609
indicates that the employer fails to comply with the provisions 1,610
of sections 4112.01 to 4112.07 of the Revised Code. 1,611
(C) For any labor organization to do any of the following: 1,613
(1) Limit or classify its membership on the basis of race, 1,615
color, religion, sex, national origin, handicap DISABILITY, age, 1,616
37
or ancestry; 1,618
(2) Discriminate against, limit the employment 1,620
opportunities of, or otherwise adversely affect the employment 1,621
status, wages, hours, or employment conditions of any person as 1,622
an employee because of race, color, religion, sex, national 1,623
origin, handicap DISABILITY, age, or ancestry. 1,624
(D) For any employer, labor organization, or joint 1,626
labor-management committee controlling apprentice training 1,627
programs to discriminate against any person because of race, 1,628
color, religion, sex, national origin, handicap DISABILITY, or 1,629
ancestry in admission to, or employment in, any program 1,631
established to provide apprentice training. 1,632
(E) Except where based on a bona fide occupational 1,634
qualification certified in advance by the commission, for any 1,635
employer, employment agency, personnel placement service, or 1,636
labor organization, prior to employment or admission to 1,637
membership, to do any of the following: 1,638
(1) Elicit or attempt to elicit any information concerning 1,640
the race, color, religion, sex, national origin, handicap 1,641
DISABILITY, age, or ancestry of an applicant for employment or 1,643
membership;
(2) Make or keep a record of the race, color, religion, 1,645
sex, national origin, handicap DISABILITY, age, or ancestry of 1,646
any applicant for employment or membership; 1,648
(3) Use any form of application for employment, or 1,650
personnel or membership blank, seeking to elicit information 1,651
regarding race, color, religion, sex, national origin, handicap 1,652
DISABILITY, age, or ancestry; but an employer holding a contract 1,654
containing a nondiscrimination clause with the government of the 1,655
United States, or any department or agency of that government, 1,656
may require an employee or applicant for employment to furnish 1,657
documentary proof of United States citizenship and may retain 1,658
that proof in the employer's personnel records and may use 1,659
photographic or fingerprint identification for security purposes; 1,660
38
(4) Print or publish or cause to be printed or published 1,662
any notice or advertisement relating to employment or membership 1,663
indicating any preference, limitation, specification, or 1,664
discrimination, based upon race, color, religion, sex, national 1,665
origin, handicap DISABILITY, age, or ancestry; 1,666
(5) Announce or follow a policy of denying or limiting, 1,668
through a quota system or otherwise, employment or membership 1,669
opportunities of any group because of the race, color, religion, 1,670
sex, national origin, handicap DISABILITY, age, or ancestry of 1,671
that group; 1,672
(6) Utilize in the recruitment or hiring of persons any 1,674
employment agency, personnel placement service, training school 1,675
or center, labor organization, or any other employee-referring 1,676
source known to discriminate against persons because of their 1,677
race, color, religion, sex, national origin, handicap DISABILITY, 1,679
age, or ancestry. 1,680
(F) For any person seeking employment to publish or cause 1,682
to be published any advertisement that specifies or in any manner 1,683
indicates that person's race, color, religion, sex, national 1,684
origin, handicap DISABILITY, age, or ancestry, or expresses a 1,685
limitation or preference as to the race, color, religion, sex, 1,687
national origin, handicap DISABILITY, age, or ancestry of any 1,688
prospective employer. 1,689
(G) For any proprietor or any employee, keeper, or manager 1,691
of a place of public accommodation to deny to any person, except 1,692
for reasons applicable alike to all persons regardless of race, 1,693
color, religion, sex, national origin, handicap DISABILITY, age, 1,694
or ancestry, the full enjoyment of the accommodations, 1,696
advantages, facilities, or privileges of the place of public 1,697
accommodation.
(H) For any person to do any of the following: 1,699
(1) Refuse to sell, transfer, assign, rent, lease, 1,701
sublease, or finance housing accommodations, refuse to negotiate 1,702
for the sale or rental of housing accommodations, or otherwise 1,703
39
deny or make unavailable housing accommodations because of race, 1,704
color, religion, sex, familial status, ancestry, handicap 1,705
DISABILITY, or national origin; 1,707
(2) Represent to any person that housing accommodations 1,709
are not available for inspection, sale, or rental, when in fact 1,710
they are available, because of race, color, religion, sex, 1,711
familial status, ancestry, handicap DISABILITY, or national 1,712
origin; 1,713
(3) Discriminate against any person in the making or 1,715
purchasing of loans or the provision of other financial 1,716
assistance for the acquisition, construction, rehabilitation, 1,717
repair, or maintenance of housing accommodations, or any person 1,718
in the making or purchasing of loans or the provision of other 1,719
financial assistance that is secured by residential real estate, 1,720
because of race, color, religion, sex, familial status, ancestry, 1,721
handicap DISABILITY, or national origin or because of the racial 1,722
composition of the neighborhood in which the housing 1,724
accommodations are located, provided that the person, whether an 1,725
individual, corporation, or association of any type, lends money 1,726
as one of the principal aspects or incident to the person's 1,727
principal business and not only as a part of the purchase price 1,728
of an owner-occupied residence the person is selling nor merely 1,729
casually or occasionally to a relative or friend; 1,730
(4) Discriminate against any person in the terms or 1,732
conditions of selling, transferring, assigning, renting, leasing, 1,733
or subleasing any housing accommodations or in furnishing 1,734
facilities, services, or privileges in connection with the 1,735
ownership, occupancy, or use of any housing accommodations, 1,736
including the sale of fire, extended coverage, or homeowners 1,737
insurance, because of race, color, religion, sex, familial 1,738
status, ancestry, handicap DISABILITY, or national origin or 1,739
because of the racial composition of the neighborhood in which 1,741
the housing accommodations are located; 1,742
(5) Discriminate against any person in the terms or 1,744
40
conditions of any loan of money, whether or not secured by 1,745
mortgage or otherwise, for the acquisition, construction, 1,746
rehabilitation, repair, or maintenance of housing accommodations 1,747
because of race, color, religion, sex, familial status, ancestry, 1,748
handicap DISABILITY, or national origin or because of the racial 1,749
composition of the neighborhood in which the housing 1,751
accommodations are located; 1,752
(6) Refuse to consider without prejudice the combined 1,754
income of both husband and wife for the purpose of extending 1,755
mortgage credit to a married couple or either member of a married 1,756
couple; 1,757
(7) Print, publish, or circulate any statement or 1,759
advertisement, or make or cause to be made any statement or 1,760
advertisement, relating to the sale, transfer, assignment, 1,761
rental, lease, sublease, or acquisition of any housing 1,762
accommodations, or relating to the loan of money, whether or not 1,763
secured by mortgage or otherwise, for the acquisition, 1,764
construction, rehabilitation, repair, or maintenance of housing 1,765
accommodations, that indicates any preference, limitation, 1,766
specification, or discrimination based upon race, color, 1,767
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,769
national origin, or an intention to make any such preference, 1,770
limitation, specification, or discrimination; 1,771
(8) Except as otherwise provided in division (H)(8) or 1,773
(17) of this section, make any inquiry, elicit any information, 1,774
make or keep any record, or use any form of application 1,775
containing questions or entries concerning race, color, religion, 1,776
sex, familial status, ancestry, handicap DISABILITY, or national 1,777
origin in connection with the sale or lease of any housing 1,779
accommodations or the loan of any money, whether or not secured 1,780
by mortgage or otherwise, for the acquisition, construction, 1,781
rehabilitation, repair, or maintenance of housing accommodations. 1,782
Any person may make inquiries, and make and keep records, 1,783
concerning race, color, religion, sex, familial status, ancestry, 1,784
41
handicap DISABILITY, or national origin for the purpose of 1,786
monitoring compliance with this chapter. 1,787
(9) Include in any transfer, rental, or lease of housing 1,789
accommodations any restrictive covenant, or honor or exercise, or 1,790
attempt to honor or exercise, any restrictive covenant; 1,791
(10) Induce or solicit, or attempt to induce or solicit, a 1,793
housing accommodations listing, sale, or transaction by 1,794
representing that a change has occurred or may occur with respect 1,795
to the racial, religious, sexual, familial status, or ethnic 1,796
composition of the block, neighborhood, or other area in which 1,797
the housing accommodations are located, or induce or solicit, or 1,798
attempt to induce or solicit, a housing accommodations listing, 1,799
sale, or transaction by representing that the presence or 1,800
anticipated presence of persons of any race, color, religion, 1,801
sex, familial status, ancestry, handicap DISABILITY, or national 1,802
origin, in the block, neighborhood, or other area will or may 1,804
have results including, but not limited to, the following: 1,805
(a) The lowering of property values; 1,807
(b) A change in the racial, religious, sexual, familial 1,809
status, or ethnic composition of the block, neighborhood, or 1,810
other area; 1,811
(c) An increase in criminal or antisocial behavior in the 1,813
block, neighborhood, or other area; 1,814
(d) A decline in the quality of the schools serving the 1,816
block, neighborhood, or other area. 1,817
(11) Deny any person access to or membership or 1,819
participation in any multiple-listing service, real estate 1,820
brokers' organization, or other service, organization, or 1,821
facility relating to the business of selling or renting housing 1,822
accommodations, or discriminate against any person in the terms 1,823
or conditions of that access, membership, or participation, on 1,824
account of race, color, religion, sex, familial status, national 1,825
origin, handicap DISABILITY, or ancestry; 1,826
(12) Coerce, intimidate, threaten, or interfere with any 1,828
42
person in the exercise or enjoyment of, or on account of that 1,829
person's having exercised or enjoyed or having aided or 1,830
encouraged any other person in the exercise or enjoyment of, any 1,831
right granted or protected by division (H) of this section; 1,832
(13) Discourage or attempt to discourage the purchase by a 1,834
prospective purchaser of housing accommodations, by representing 1,835
that any block, neighborhood, or other area has undergone or 1,836
might undergo a change with respect to its religious, racial, 1,837
sexual, familial status, or ethnic composition; 1,838
(14) Refuse to sell, transfer, assign, rent, lease, 1,840
sublease, or finance, or otherwise deny or withhold, a burial lot 1,841
from any person because of the race, color, sex, familial status, 1,842
age, ancestry, handicap DISABILITY, or national origin of any 1,843
prospective owner or user of the lot; 1,845
(15) Discriminate in the sale or rental of, or otherwise 1,847
make unavailable or deny, housing accommodations to any buyer or 1,848
renter because of a handicap DISABILITY of any of the following: 1,849
(a) The buyer or renter; 1,851
(b) A person residing in or intending to reside in the 1,853
housing accommodations after they are sold, rented, or made 1,854
available; 1,855
(c) Any individual associated with the person described in 1,857
division (H)(15)(b) of this section. 1,858
(16) Discriminate in the terms, conditions, or privileges 1,860
of the sale or rental of housing accommodations to any person or 1,861
in the provision of services or facilities to any person in 1,862
connection with the housing accommodations because of a handicap 1,863
DISABILITY of any of the following: 1,864
(a) That person; 1,866
(b) A person residing in or intending to reside in the 1,868
housing accommodations after they are sold, rented, or made 1,869
available; 1,870
(c) Any individual associated with the person described in 1,872
division (H)(16)(b) of this section. 1,873
43
(17) Except as otherwise provided in division (H)(17) of 1,875
this section, make an inquiry to determine whether an applicant 1,876
for the sale or rental of housing accommodations, a person 1,877
residing in or intending to reside in the housing accommodations 1,878
after they are sold, rented, or made available, or any individual 1,879
associated with that person has a handicap DISABILITY, or make an 1,881
inquiry to determine the nature or severity of a handicap 1,882
DISABILITY of the applicant or such a person or individual. The 1,884
following inquiries may be made of all applicants for the sale or 1,885
rental of housing accommodations, regardless of whether they have 1,886
handicaps DISABILITIES: 1,887
(a) An inquiry into an applicant's ability to meet the 1,889
requirements of ownership or tenancy; 1,890
(b) An inquiry to determine whether an applicant is 1,892
qualified for housing accommodations available only to persons 1,893
with handicaps DISABILITIES or persons with a particular type of 1,894
handicap DISABILITY; 1,895
(c) An inquiry to determine whether an applicant is 1,897
qualified for a priority available to persons with handicaps 1,898
DISABILITIES or persons with a particular type of handicap 1,900
DISABILITY;
(d) An inquiry to determine whether an applicant currently 1,902
uses a controlled substance in violation of section 2925.11 of 1,903
the Revised Code or a substantively comparable municipal 1,904
ordinance; 1,905
(e) An inquiry to determine whether an applicant at any 1,907
time has been convicted of or pleaded guilty to any offense, an 1,908
element of which is the illegal sale, offer to sell, cultivation, 1,909
manufacture, other production, shipment, transportation, 1,911
delivery, or other distribution of a controlled substance. 1,912
(18)(a) Refuse to permit, at the expense of a handicapped 1,914
person WITH A DISABILITY, reasonable modifications of existing 1,915
housing accommodations that are occupied or to be occupied by the 1,916
handicapped person WITH A DISABILITY, if the modifications may be 1,918
44
necessary to afford the handicapped person WITH A DISABILITY full 1,919
enjoyment of the housing accommodations. This division does not 1,921
preclude a landlord of housing accommodations that are rented or 1,922
to be rented to a handicapped DISABLED tenant from conditioning 1,923
permission for a proposed modification upon the handicapped 1,925
DISABLED tenant's doing one or more of the following: 1,927
(i) Providing a reasonable description of the proposed 1,929
modification and reasonable assurances that the proposed 1,930
modification will be made in a workmanlike WORKERLIKE manner and 1,931
that any required building permits will be obtained prior to the 1,932
commencement of the proposed modification; 1,933
(ii) Agreeing to restore at the end of the tenancy the 1,935
interior of the housing accommodations to the condition they were 1,936
in prior to the proposed modification, but subject to reasonable 1,937
wear and tear during the period of occupancy, if it is reasonable 1,938
for the landlord to condition permission for the proposed 1,939
modification upon the agreement; 1,940
(iii) Paying into an interest-bearing escrow account that 1,942
is in the landlord's name, over a reasonable period of time, a 1,943
reasonable amount of money not to exceed the projected costs at 1,944
the end of the tenancy of the restoration of the interior of the 1,945
housing accommodations to the condition they were in prior to the 1,946
proposed modification, but subject to reasonable wear and tear 1,947
during the period of occupancy, if the landlord finds the account 1,948
reasonably necessary to ensure the availability of funds for the 1,949
restoration work. The interest earned in connection with an 1,950
escrow account described in this division shall accrue to the 1,951
benefit of the handicapped DISABLED tenant who makes payments 1,952
into the account. 1,954
(b) A landlord shall not condition permission for a 1,956
proposed modification upon a handicapped DISABLED tenant's 1,957
payment of a security deposit that exceeds the customarily 1,959
required security deposit of all tenants of the particular 1,960
housing accommodations.
45
(19) Refuse to make reasonable accommodations in rules, 1,962
policies, practices, or services when necessary to afford a 1,963
handicapped person WITH A DISABILITY equal opportunity to use and 1,965
enjoy a dwelling unit, including associated public and common use 1,966
areas;
(20) Fail to comply with the standards and rules adopted 1,968
under division (A) of section 3781.111 of the Revised Code; 1,969
(21) Discriminate against any person in the selling, 1,971
brokering, or appraising of real property because of race, color, 1,972
religion, sex, familial status, ancestry, handicap DISABILITY, or 1,974
national origin; 1,975
(22) Fail to design and construct covered multifamily 1,977
dwellings for first occupancy on or after June 30, 1992, in 1,978
accordance with the following conditions: 1,979
(a) The dwellings shall have at least one building 1,981
entrance on an accessible route, unless it is impractical to do 1,982
so because of the terrain or unusual characteristics of the site. 1,983
(b) With respect to dwellings that have a building 1,985
entrance on an accessible route, all of the following apply: 1,986
(i) The public use areas and common use areas of the 1,988
dwellings shall be readily accessible to and usable by 1,989
handicapped persons WITH A DISABILITY. 1,990
(ii) All the doors designed to allow passage into and 1,992
within all premises shall be sufficiently wide to allow passage 1,993
by handicapped persons WITH A DISABILITY WHO ARE in wheelchairs. 1,994
(iii) All premises within covered multifamily dwelling 1,996
units shall contain an accessible route into and through the 1,997
dwelling; all light switches, electrical outlets, thermostats, 1,998
and other environmental controls within such units shall be in 1,999
accessible locations; the bathroom walls within such units shall 2,000
contain reinforcements to allow later installation of grab bars; 2,001
and the kitchens and bathrooms within such units shall be 2,002
designed and constructed in a manner that enables an individual 2,003
in a wheelchair to maneuver about such rooms. 2,004
46
For purposes of division (H)(22) of this section, "covered 2,006
multifamily dwellings" means buildings consisting of four or more 2,007
units if such buildings have one or more elevators and ground 2,008
floor units in other buildings consisting of four or more units. 2,009
(I) For any person to discriminate in any manner against 2,011
any other person because that person has opposed any unlawful 2,012
discriminatory practice defined in this section or because that 2,013
person has made a charge, testified, assisted, or participated in 2,014
any manner in any investigation, proceeding, or hearing under 2,015
sections 4112.01 to 4112.07 of the Revised Code. 2,016
(J) For any person to aid, abet, incite, compel, or coerce 2,018
the doing of any act declared by this section to be an unlawful 2,019
discriminatory practice, to obstruct or prevent any person from 2,020
complying with this chapter or any order issued under it, or to 2,021
attempt directly or indirectly to commit any act declared by this 2,022
section to be an unlawful discriminatory practice. 2,023
(K)(1) Nothing in division (H) of this section shall bar 2,025
any religious or denominational institution or organization, or 2,026
any nonprofit charitable or educational organization that is 2,027
operated, supervised, or controlled by or in connection with a 2,028
religious organization, from limiting the sale, rental, or 2,029
occupancy of housing accommodations that it owns or operates for 2,030
other than a commercial purpose to persons of the same religion, 2,031
or from giving preference in the sale, rental, or occupancy of 2,032
such housing accommodations to persons of the same religion, 2,033
unless membership in the religion is restricted on account of 2,034
race, color, or national origin. 2,035
(2) Nothing in division (H) of this section shall bar any 2,037
bona fide private or fraternal organization that, incidental to 2,038
its primary purpose, owns or operates lodgings for other than a 2,039
commercial purpose, from limiting the rental or occupancy of the 2,040
lodgings to its members or from giving preference to its members. 2,041
(3) Nothing in division (H) of this section limits the 2,043
applicability of any reasonable local, state, or federal 2,044
47
restrictions regarding the maximum number of occupants permitted 2,045
to occupy housing accommodations. Nothing in that division 2,046
prohibits the owners or managers of housing accommodations from 2,047
implementing reasonable occupancy standards based on the number 2,048
and size of sleeping areas or bedrooms and the overall size of a 2,049
dwelling unit, provided that the standards are not implemented to 2,050
circumvent the purposes of this chapter and are formulated, 2,051
implemented, and interpreted in a manner consistent with this 2,052
chapter and any applicable local, state, or federal restrictions 2,053
regarding the maximum number of occupants permitted to occupy 2,054
housing accommodations. 2,055
(4) Nothing in division (H) of this section requires that 2,057
housing accommodations be made available to an individual whose 2,058
tenancy would constitute a direct threat to the health or safety 2,059
of other individuals or whose tenancy would result in substantial 2,060
physical damage to the property of others. 2,061
(5) Nothing in division (H) of this section pertaining to 2,063
discrimination on the basis of familial status shall be construed 2,064
to apply to any of the following: 2,065
(a) Housing accommodations provided under any state or 2,067
federal program that have been determined under the "Fair Housing 2,068
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,069
amended, to be specifically designed and operated to assist 2,070
elderly persons; 2,071
(b) Housing accommodations intended for and solely 2,073
occupied by persons who are sixty-two years of age or older; 2,074
(c) Housing accommodations intended and operated for 2,076
occupancy by at least one person who is fifty-five years of age 2,077
or older per unit, as determined under the "Fair Housing 2,078
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 2,079
amended. 2,080
(L) Nothing in divisions (A) to (E) of this section shall 2,082
be construed to require a handicapped person WITH A DISABILITY to 2,084
be employed or trained under circumstances that would 2,085
48
significantly increase the occupational hazards affecting either 2,086
the handicapped person WITH A DISABILITY, other employees, the 2,088
general public, or the facilities in which the work is to be 2,089
performed, or to require the employment or training of a 2,090
handicapped person WITH A DISABILITY in a job that requires the 2,091
handicapped person WITH A DISABILITY routinely to undertake any 2,092
task, the performance of which is substantially and inherently 2,093
impaired by the handicapped person's handicap DISABILITY. 2,094
(M) Nothing in divisions (H)(1) to (18) of this section 2,096
shall be construed to require any person selling or renting 2,097
property to modify the property in any way or to exercise a 2,098
higher degree of care for a person having WITH a handicap 2,099
DISABILITY, to relieve any handicapped person WITH A DISABILITY 2,101
of any obligation generally imposed on all persons regardless of 2,103
handicap DISABILITY in a written lease, rental agreement, or 2,105
contract of purchase or sale, or to forbid distinctions based on 2,106
the inability to fulfill the terms and conditions, including 2,107
financial obligations, of the lease, agreement, or contract. 2,108
(N) An aggrieved individual may enforce the individual's 2,110
rights relative to discrimination on the basis of age as provided 2,111
for in this section by instituting a civil action, within two 2,112
years after the alleged unlawful discriminatory practice 2,113
occurred, in any court with jurisdiction for any legal or 2,114
equitable relief that will effectuate the individual's rights. 2,115
A person who files a civil action under this division is 2,117
barred, with respect to the practices complained of, from 2,118
instituting a civil action under section 4112.14 of the Revised 2,119
Code and from filing a charge with the commission under section 2,120
4112.05 of the Revised Code. 2,121
(O) With regard to age, it shall not be an unlawful 2,123
discriminatory practice and it shall not constitute a violation 2,124
of division (A) of section 4112.14 of the Revised Code for any 2,125
employer, employment agency, joint labor-management committee 2,126
controlling apprenticeship training programs, or labor 2,127
49
organization to do any of the following: 2,128
(1) Establish bona fide employment qualifications 2,130
reasonably related to the particular business or occupation that 2,131
may include standards for skill, aptitude, physical capability, 2,132
intelligence, education, maturation, and experience; 2,133
(2) Observe the terms of a bona fide seniority system or 2,135
any bona fide employee benefit plan, including, but not limited 2,136
to, a retirement, pension, or insurance plan, that is not a 2,137
subterfuge to evade the purposes of this section. However, no 2,138
such employee benefit plan shall excuse the failure to hire any 2,139
individual, and no such seniority system or employee benefit plan 2,140
shall require or permit the involuntary retirement of any 2,141
individual, because of the individual's age except as provided 2,142
for in the "Age Discrimination in Employment Act Amendment of 2,143
1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age 2,144
Discrimination in Employment Act Amendments of 1986," 100 Stat. 2,145
3342, 29 U.S.C.A. 623, as amended. 2,146
(3) Retire an employee who has attained sixty-five years 2,148
of age who, for the two-year period immediately before 2,149
retirement, is employed in a bona fide executive or a high 2,150
policymaking position, if the employee is entitled to an 2,151
immediate nonforfeitable annual retirement benefit from a 2,152
pension, profit-sharing, savings, or deferred compensation plan, 2,153
or any combination of those plans, of the employer of the 2,154
employee, which equals, in the aggregate, at least forty-four 2,155
thousand dollars, in accordance with the conditions of the "Age 2,156
Discrimination in Employment Act Amendment of 1978," 92 Stat. 2,157
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 2,158
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 2,159
631, as amended; 2,160
(4) Observe the terms of any bona fide apprenticeship 2,162
program if the program is registered with the Ohio apprenticeship 2,163
council pursuant to sections 4111.25 to 4111.30 of the Revised 2,164
Code and is approved by the federal committee on apprenticeship 2,165
50
of the United States department of labor. 2,166
(P) Nothing in this chapter prohibiting age discrimination 2,168
and nothing in division (A) of section 4112.14 of the Revised 2,169
Code shall be construed to prohibit the following: 2,170
(1) The designation of uniform age the attainment of which 2,172
is necessary for public employees to receive pension or other 2,173
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 2,174
or 5505. of the Revised Code; 2,175
(2) The mandatory retirement of uniformed patrol officers 2,177
of the state highway patrol as provided in section 5505.16 of the 2,178
Revised Code; 2,179
(3) The maximum age requirements for appointment as a 2,181
patrol officer in the state highway patrol established by section 2,182
5503.01 of the Revised Code; 2,183
(4) The maximum age requirements established for original 2,185
appointment to a police department or fire department in sections 2,186
124.41 and 124.42 of the Revised Code; 2,187
(5) Any maximum age not in conflict with federal law that 2,189
may be established by a municipal charter, municipal ordinance, 2,190
or resolution of a board of township trustees for original 2,191
appointment as a police officer or fire fighter FIREFIGHTER; 2,192
(6) Any mandatory retirement provision not in conflict 2,194
with federal law of a municipal charter, municipal ordinance, or 2,195
resolution of a board of township trustees pertaining to police 2,196
officers and fire fighters FIREFIGHTERS; 2,197
(7) Until January 1, 1994, the mandatory retirement of any 2,199
employee who has attained seventy years of age and who is serving 2,200
under a contract of unlimited tenure, or similar arrangement 2,201
providing for unlimited tenure, at an institution of higher 2,202
education as defined in the "Education Amendments of 1980," 94 2,203
Stat. 1503, 20 U.S.C.A. 1141(a). 2,204
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this 2,206
section, for purposes of divisions (A) to (E) of this section, a 2,207
handicap DISABILITY does not include any physiological disorder 2,208
51
or condition, mental or psychological disorder, or disease or 2,210
condition caused by an illegal use of any controlled substance by 2,211
an employee, applicant, or other person, if an employer, 2,212
employment agency, personnel placement service, labor 2,213
organization, or joint labor-management committee acts on the 2,214
basis of that illegal use. 2,215
(b) Division (Q)(1)(a) of this section does not apply to 2,217
an employee, applicant, or other person who satisfies any of the 2,218
following: 2,219
(i) The employee, applicant, or other person has 2,221
successfully completed a supervised drug rehabilitation program 2,223
and no longer is engaging in the illegal use of any controlled 2,224
substance, or the employee, applicant, or other person otherwise 2,225
successfully has been rehabilitated and no longer is engaging in 2,226
that illegal use.
(ii) The employee, applicant, or other person is 2,228
participating in a supervised drug rehabilitation program and no 2,230
longer is engaging in the illegal use of any controlled 2,231
substance.
(iii) The employee, applicant, or other person is 2,233
erroneously regarded as engaging in the illegal use of any 2,235
controlled substance, but the employee, applicant, or other 2,236
person is not engaging in that illegal use. 2,237
(2) Divisions (A) to (E) of this section do not prohibit 2,239
an employer, employment agency, personnel placement service, 2,240
labor organization, or joint labor-management committee from 2,241
doing any of the following: 2,242
(a) Adopting or administering reasonable policies or 2,244
procedures, including, but not limited to, testing for the 2,245
illegal use of any controlled substance, that are designed to 2,246
ensure that an individual described in division (Q)(1)(b)(i) or 2,247
(ii) of this section no longer is engaging in the illegal use of 2,248
any controlled substance; 2,249
(b) Prohibiting the illegal use of controlled substances 2,251
52
and the use of alcohol at the workplace by all employees; 2,252
(c) Requiring that employees not be under the influence of 2,254
alcohol or not be engaged in the illegal use of any controlled 2,255
substance at the workplace; 2,256
(d) Requiring that employees behave in conformance with 2,258
the requirements established under "The Drug-Free Workplace Act 2,259
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 2,260
(e) Holding an employee who engages in the illegal use of 2,262
any controlled substance or who is an alcoholic to the same 2,263
qualification standards for employment or job performance, and 2,264
the same behavior, to which the employer, employment agency, 2,265
personnel placement service, labor organization, or joint 2,266
labor-management committee holds other employees, even if any 2,267
unsatisfactory performance or behavior is related to an 2,268
employee's illegal use of a controlled substance or alcoholism; 2,269
(f) Exercising other authority recognized in the 2,271
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 2,272
U.S.C.A. 12101, as amended, including, but not limited to, 2,273
requiring employees to comply with any applicable federal 2,274
standards. 2,275
(3) For purposes of this chapter, a test to determine the 2,277
illegal use of any controlled substance does not include a 2,278
medical examination. 2,279
(4) Division (Q) of this section does not encourage, 2,281
prohibit, or authorize, and shall not be construed as 2,282
encouraging, prohibiting, or authorizing, the conduct of testing 2,283
for the illegal use of any controlled substance by employees, 2,284
applicants, or other persons, or the making of employment 2,285
decisions based on the results of that type of testing. 2,286
Sec. 4112.021. (A) As used in this section: 2,295
(1) "Credit" means the right granted by a creditor to a 2,297
person to defer payment of a debt, or to incur debt and defer its 2,298
payment, or TO purchase property or services and defer payment 2,299
therefor; FOR THE PROPERTY OR SERVICES. 2,300
53
(2) "Creditor" means any person who regularly extends, 2,302
renews, or continues credit, any person who regularly arranges 2,303
for the extension, renewal, or continuation of credit, or any 2,304
assignee of an original creditor who participates in the decision 2,305
to extend, renew, or continue credit, whether or not any interest 2,306
or finance charge is required;. 2,307
(3) "Credit reporting agency" means any person who, for 2,309
monetary fees, OR dues, or on a cooperative nonprofit basis, 2,311
regularly assembles or evaluates credit information for the 2,312
purpose of furnishing credit reports to creditors;. 2,313
(4) "Age" means any age of eighteen years or older. 2,315
(B) It shall be an unlawful discriminatory practice: 2,317
(1) For any creditor to DO ANY OF THE FOLLOWING: 2,319
(a) Discriminate against any applicant for credit in the 2,321
granting, withholding, extending, or renewing of credit, or in 2,322
the fixing of the rates, terms, or conditions of any form of 2,323
credit, on the basis of race, color, religion, age, sex, marital 2,324
status, national origin, handicap DISABILITY, or ancestry, except 2,326
that this division shall not apply with respect to age in any 2,327
real estate transaction between a financial institution, a dealer 2,328
in intangibles, or an insurance company as these terms are 2,329
defined in section 5725.01 of the Revised Code and its customers; 2,330
(b) Use or make any inquiry as to race, color, religion, 2,332
age, sex, marital status, national origin, handicap DISABILITY, 2,333
or ancestry for the purpose of limiting or specifying those 2,335
persons to whom credit will be granted, except that an inquiry of 2,336
marital status does not constitute discrimination for the 2,337
purposes of this section if the inquiry is made for the purpose 2,338
of ascertaining the creditor's rights and remedies applicable to 2,339
the particular extension of credit, and except that creditors are 2,340
excepted from this division with respect to any inquiry, 2,341
elicitation of information, record, or form of application 2,342
required of such A PARTICULAR creditor by any instrumentality or 2,344
agency of the United States, or required of such A PARTICULAR 2,345
54
creditor by any agency or instrumentality to enforce the "Civil 2,347
Rights Act of 1968," 82 Stat. 84, 85, 42 U.S.C.A. 3608(c); 2,348
(c) Refuse to consider the sources of income of an 2,350
applicant for credit, or disregard or ignore the income of an 2,351
applicant, in whole or in part, on the basis of race, color, 2,352
religion, age, sex, marital status, handicap DISABILITY, national 2,354
origin, or ancestry; 2,355
(d) Refuse to grant credit to an individual in any name 2,357
that individual customarily uses, if it has been determined in 2,358
the normal course of business, that the creditor will grant 2,359
credit to the individual; 2,360
(e) Impose any special requirements or conditions, 2,362
including, but not limited to, a requirement for co-obligors or 2,363
reapplication, upon any applicant or class of applicants on the 2,364
basis of race, color, religion, age, sex, marital status, 2,365
national origin, handicap DISABILITY, or ancestry in 2,366
circumstances where similar requirements or conditions are not 2,368
imposed on other applicants similarly situated, unless the 2,369
special requirements or conditions that are imposed with respect 2,370
to age are the result of a real estate transaction exempted under 2,371
division (B)(1)(a) of this section or are the result of programs 2,372
that grant preferences to certain age groups administered by 2,373
instrumentalities or agencies of the United States, a state, or a 2,374
political subdivision of a state; 2,375
(f) Fail or refuse to provide an applicant for credit a 2,377
written statement of the specific reasons for rejection of the 2,378
application if requested in writing by the applicant within sixty 2,379
days of the rejection. The creditor shall provide the written 2,380
statement of the specific reason for rejection within thirty days 2,381
after receipt of such A request OF THAT NATURE. For purposes of 2,383
this section, a statement that the applicant was rejected solely 2,384
on the basis of information received from a credit reporting 2,385
agency or because the applicant failed to meet the standards 2,386
required by the creditor's credit scoring system, uniformly 2,387
55
applied, shall constitute a specific reason for rejection. 2,388
(g) Fail or refuse after June 30, 1976, to print on or 2,390
firmly attach to each application for credit, in a type size no 2,391
smaller than that used throughout most of the application form, 2,392
the following notice: "The Ohio laws against discrimination 2,393
require that all creditors make credit equally available to all 2,394
credit worthy customers, and that credit reporting agencies 2,395
maintain separate credit histories on each individual upon 2,396
request. The Ohio civil rights commission administers compliance 2,397
with this law." This notice is not required to be included in 2,398
applications that have a multi-state distribution if the notice 2,399
is mailed to the applicant with the notice of acceptance or 2,400
rejection of the application. 2,401
(h) Fail or refuse on the basis of race, color, religion, 2,403
age, sex, marital status, national origin, handicap DISABILITY, 2,404
or ancestry to maintain, upon the request of the individual, a 2,406
separate account for each individual to whom credit is extended; 2,407
(i) Fail or refuse on the basis of race, color, religion, 2,409
age, sex, marital status, national origin, handicap DISABILITY, 2,410
or ancestry to maintain records on any account established after 2,412
November 1, 1976, and to furnish information on the accounts to 2,413
credit reporting agencies in a manner that clearly designates the 2,414
contractual liability for repayment as indicated on the 2,415
application for the account, and, if more than one individual is 2,416
contractually liable for repayment, to maintain records and 2,417
furnish information in the name of each individual. This section 2,418
DIVISION does not apply to individuals who are contractually 2,419
liable only if the primary party defaults on the account. 2,421
(2) For any credit reporting agency to DO ANY OF THE 2,423
FOLLOWING:
(a) Fail or refuse on the basis of race, color, religion, 2,425
age, sex, marital status, national origin, handicap DISABILITY, 2,426
or ancestry to maintain, upon the request of the individual, a 2,428
separate file on each individual about whom information is 2,429
56
assembled or evaluated; 2,430
(b) Fail or refuse on the basis of race, color, religion, 2,432
age, sex, marital status, national origin, handicap DISABILITY, 2,433
or ancestry to clearly note, maintain, and report any information 2,435
furnished it under division (B)(1)(i) of this section. 2,436
(C) This section does not prohibit a creditor from 2,438
requesting the signature of both spouses to create a valid lien, 2,439
pass clear title, or waive inchoate rights to property. 2,440
(D) The rights granted by this section may be enforced by 2,442
aggrieved individuals by filing a civil action in a court of 2,443
common pleas within one hundred eighty days after the alleged 2,444
unlawful act DISCRIMINATORY PRACTICE occurred. Upon application 2,445
by the plaintiff and in such circumstances as THAT the court 2,447
considers just, the court in which a civil action under this 2,449
section is brought may appoint an attorney for the plaintiff and 2,450
may authorize the commencement of a civil action upon proper 2,451
showing without the payment of costs. If the court finds that an 2,452
act UNLAWFUL DISCRIMINATORY PRACTICE prohibited by this section 2,453
occurred or is about to occur, the court may grant such relief as 2,455
THAT it considers appropriate, including a permanent or temporary 2,456
injunction, temporary restraining order, or other order, and may 2,457
award to the plaintiff actual COMPENSATORY and punitive damages 2,458
of not less than one hundred dollars, together with attorney's 2,460
fees and court costs. 2,461
(E) Nothing contained in this section shall bar a creditor 2,463
from reviewing an application for credit on the basis of 2,464
established criteria used in the normal course of business for 2,465
the determination of the credit worthiness of the individual 2,466
applicant for credit, including the credit history of the 2,467
applicant. 2,468
Sec. 4112.022. As used in this section, "educational 2,477
institution" means a state university or college, state-assisted 2,478
institution of higher education, nonprofit educational 2,479
institution described in Chapter 1713. of the Revised Code, or 2,480
57
institution registered under Chapter 3332. of the Revised Code. 2,481
It shall be an unlawful discriminatory practice for any 2,483
educational institution to discriminate against any individual on 2,484
account of any handicap DISABILITY: 2,485
(A) In admission or assignment to any academic program, 2,487
course of study, internship, or class offered by the institution; 2,488
(B) In permitting participation in any activity THAT IS 2,490
sponsored by the institution or that takes place on property 2,491
owned, operated, or controlled by the institution; 2,492
(C) In the awarding of any form of financial aid or other 2,494
benefits available to students; 2,495
(D) In admission or assignment to housing or other 2,497
facilities owned, operated, or controlled by the institution; 2,498
(E) In awarding of grades or granting of certificates, 2,500
diplomas, or degrees offered by the institution. 2,501
Nothing in this section prohibits any educational 2,503
institution from establishing bona fide requirements or standards 2,504
for admission or assignment to academic programs, courses, 2,505
internships, or classes; for permitting participation in 2,506
activities; for awarding of financial aid or other benefits; or 2,507
for the granting of grades, certificates, diplomas, or degrees, 2,508
which requirements or standards may include reasonable 2,509
qualifications for demonstrating necessary skill, aptitude, 2,510
physical capability, intelligence, and previous education. 2,511
Nothing in this section requires any educational 2,513
institution to construct, reconstruct, improve, enlarge, or alter 2,514
any building, facility, or property owned, operated, or 2,515
controlled by the institution, in any manner, for the purpose of 2,516
making the building, facility, or property accessible to the 2,517
handicapped PERSONS WITH A DISABILITY, provided that this section 2,518
does not exempt an educational institution from compliance with 2,520
standards adopted under section 3781.111 of the Revised Code. 2,521
Sec. 4112.04. (A) The commission shall do all of the 2,530
following: 2,531
58
(1) Establish and maintain a principal office in the city 2,533
of Columbus and any other offices within the state that it 2,534
considers necessary; 2,535
(2) Appoint an executive director who shall serve at the 2,537
pleasure of the commission and be its principal administrative 2,538
officer. The executive director shall be paid a salary fixed 2,539
pursuant to Chapter 124. of the Revised Code. 2,540
(3) Appoint hearing examiners and other employees and 2,542
agents who it considers necessary and prescribe their duties 2,543
subject to Chapter 124. of the Revised Code; 2,544
(4) Adopt, promulgate, amend, and rescind rules to 2,546
effectuate the provisions of this chapter and the policies and 2,547
practice of the commission in connection with this chapter.; 2,548
(5) Formulate policies to effectuate the purposes of this 2,550
chapter and make recommendations to agencies and officers of the 2,551
state or political subdivisions to effectuate the policies; 2,552
(6) Receive, investigate, and pass upon written charges 2,554
made under oath of unlawful discriminatory practices; 2,555
(7) Make periodic surveys of the existence and effect of 2,557
discrimination because of race, color, religion, sex, familial 2,558
status, national origin, handicap DISABILITY, age, or ancestry on 2,560
the enjoyment of civil rights by persons within the state; 2,561
(8) Report, from time to time, but not less than once a 2,563
year, to the general assembly and the governor, describing in 2,564
detail the investigations, proceedings, and hearings it has 2,565
conducted and their outcome, the decisions it has rendered, and 2,566
the other work performed by it, which report shall include a copy 2,567
of any surveys prepared pursuant to division (A)(7) of this 2,568
section and shall include the recommendations of the commission 2,569
as to legislative or other remedial action; 2,570
(9) Prepare a comprehensive educational program, in 2,572
cooperation with the department of education, for the students of 2,573
the public schools of this state and for all other residents of 2,574
this state that is designed to eliminate prejudice on the basis 2,575
59
of race, color, religion, sex, familial status, national origin, 2,576
handicap DISABILITY, age, or ancestry in this state, to further 2,577
good will among those groups, and to emphasize the origin of 2,579
prejudice against those groups, its harmful effects, and its 2,580
incompatibility with American principles of equality and fair 2,581
play; 2,582
(10) Receive progress reports from agencies, 2,584
instrumentalities, institutions, boards, commissions, and other 2,585
entities of this state or any of its political subdivisions and 2,586
their agencies, instrumentalities, institutions, boards, 2,587
commissions, and other entities regarding affirmative action 2,588
programs for the employment of persons against whom 2,589
discrimination is prohibited by this chapter, or regarding any 2,590
affirmative housing accommodations programs developed to 2,591
eliminate or reduce an imbalance of race, color, religion, sex, 2,592
familial status, national origin, handicap DISABILITY, or 2,593
ancestry. All agencies, instrumentalities, institutions, boards, 2,595
commissions, and other entities of this state or its political 2,596
subdivisions, and all political subdivisions, that have 2,597
undertaken affirmative action programs pursuant to a conciliation 2,598
agreement with the commission, an executive order of the 2,599
governor, any federal statute or rule, or an executive order of 2,600
the president of the United States shall file progress reports 2,601
with the commission annually on or before the first day of 2,602
November. The commission shall analyze and evaluate the progress 2,603
reports and report its findings annually to the general assembly 2,604
on or before the thirtieth day of January of the year immediately 2,605
following the receipt of the reports. 2,606
(B) The commission may do any of the following: 2,608
(1) Meet and function at any place within the state; 2,610
(2) Initiate and undertake on its own motion 2,612
investigations of problems of employment or housing 2,613
accommodations discrimination; 2,614
(3) Hold hearings, subpoena witnesses, compel their 2,616
60
attendance, administer oaths, take the testimony of any person 2,617
under oath, require the production for examination of any books 2,618
and papers relating to any matter under investigation or in 2,619
question before the commission, and make rules as to the issuance 2,620
of subpoenas by individual commissioners. 2,621
(a) In conducting a hearing or investigation, the 2,623
commission shall have access at all reasonable times to premises, 2,624
records, documents, individuals, and other evidence or possible 2,625
sources of evidence and may examine, record, and copy the 2,626
premises, records, documents, and other evidence or possible 2,627
sources of evidence and take and record the testimony or 2,628
statements of the individuals as reasonably necessary for the 2,629
furtherance of the hearing or investigation. In investigations, 2,630
the commission shall comply with the fourth amendment to the 2,631
United States Constitution relating to unreasonable searches and 2,632
seizures. The commission or a member of the commission may issue 2,633
subpoenas to compel access to or the production of premises, 2,634
records, documents, and other evidence or possible sources of 2,635
evidence or the appearance of individuals, and may issue 2,636
interrogatories to a respondent, to the same extent and subject 2,637
to the same limitations as would apply if the subpoenas or 2,638
interrogatories were issued or served in aid of a civil action in 2,639
a court of common pleas. 2,640
(b) Upon written application by a respondent, the 2,642
commission shall issue subpoenas in its name to the same extent 2,643
and subject to the same limitations as subpoenas issued by the 2,644
commission. Subpoenas issued at the request of a respondent 2,645
shall show on their face the name and address of the respondent 2,646
and shall state that they were issued at his THE RESPONDENT'S 2,647
request. 2,648
(c) Witnesses summoned by subpoena of the commission are 2,650
entitled to the same witness and mileage fees as are witnesses in 2,651
proceedings in a court of common pleas. 2,652
(d) Within five days after service of a subpoena upon any 2,654
61
person, the person may petition the commission to revoke or 2,655
modify the subpoena. The commission shall grant the petition if 2,656
it finds that the subpoena requires an appearance or attendance 2,657
at an unreasonable time or place, that it requires production of 2,658
evidence that does not relate to any matter before the 2,659
commission, that it does not describe with sufficient 2,660
particularity the evidence to be produced, that compliance would 2,661
be unduly onerous, or for other good reason. 2,662
(e) In case of contumacy or refusal to obey a subpoena, 2,664
the commission or person at whose request it was issued may 2,665
petition for its enforcement in the court of common pleas in the 2,666
county in which the person to whom the subpoena was addressed 2,667
resides, was served, or transacts business. 2,668
(4) Create local or statewide advisory agencies and 2,670
conciliation councils to aid in effectuating the purposes of this 2,671
chapter. The commission may itself, or it may empower these 2,672
agencies and councils to, do either or both of the following: 2,673
(a) Study the problems of discrimination in all or 2,675
specific fields of human relationships when based on race, color, 2,676
religion, sex, familial status, national origin, handicap 2,677
DISABILITY, age, or ancestry; 2,679
(b) Foster through community effort, or otherwise, good 2,681
will among the groups and elements of the population of the 2,682
state. 2,683
The agencies and councils may make recommendations to the 2,685
commission for the development of policies and procedures in 2,686
general. They shall be composed of representative citizens who 2,687
shall serve without pay, except that reimbursement for actual and 2,688
necessary traveling expenses shall be made to citizens who serve 2,689
on a statewide agency or council. 2,690
(5) Issue any publications and the results of 2,692
investigations and research that in its judgment will tend to 2,693
promote good will and minimize or eliminate discrimination 2,694
because of race, color, religion, sex, familial status, national 2,695
62
origin, handicap DISABILITY, age, or ancestry. 2,696
Sec. 4112.05. (A) The commission, as provided in this 2,705
section, shall prevent any person from engaging in unlawful 2,706
discriminatory practices, provided that, before instituting the 2,707
formal hearing authorized by division (B) of this section, it 2,708
shall attempt, by informal methods of conference, conciliation, 2,709
and persuasion, to induce compliance with this chapter. 2,710
(B)(1) Any person may file a charge with the commission 2,712
alleging that another person has engaged or is engaging in an 2,713
unlawful discriminatory practice. In the case of a charge 2,714
alleging an unlawful discriminatory practice described in 2,715
division (A), (B), (C), (D), (E), (F), (G), (I), or (J) of 2,716
section 4112.02 or in section 4112.021 or 4112.022 of the Revised 2,717
Code, the charge shall be in writing and under oath and shall be 2,718
filed with the commission within six months after the alleged 2,719
unlawful discriminatory practice was committed. In the case of a 2,720
charge alleging an unlawful discriminatory practice described in 2,721
division (H) of section 4112.02 of the Revised Code, the charge 2,722
shall be in writing and under oath and shall be filed with the 2,723
commission within one year after the alleged unlawful 2,724
discriminatory practice was committed. 2,725
(2) Upon receiving a charge, the commission may initiate a 2,727
preliminary investigation to determine whether it is probable 2,728
that an unlawful discriminatory practice has been or is being 2,729
engaged in. The commission also may conduct, upon its own 2,730
initiative and independent of the filing of any charges, a 2,731
preliminary investigation relating to any of the unlawful 2,732
discriminatory practices described in division (A), (B), (C), 2,733
(D), (E), (F), (I), or (J) of section 4112.02 or in section 2,734
4112.021 or 4112.022 of the Revised Code. Prior to a 2,735
notification of a complainant under division (B)(4) of this 2,736
section or prior to the commencement of informal methods of 2,737
conference, conciliation, and persuasion under that division, the 2,738
members of the commission and the officers and employees of the 2,739
63
commission shall not make public in any manner and shall retain 2,740
as confidential all information that was obtained as a result of 2,741
or that otherwise pertains to a preliminary investigation other 2,742
than one described in division (B)(3) of this section. 2,743
(3)(a) Unless it is impracticable to do so and subject to 2,745
its authority under division (B)(3)(d) of this section, the 2,746
commission shall complete a preliminary investigation of a charge 2,747
filed pursuant to division (B)(1) of this section that alleges an 2,748
unlawful discriminatory practice described in division (H) of 2,749
section 4112.02 of the Revised Code, and shall take one of the 2,750
following actions, within one hundred days after the filing of 2,751
the charge: 2,752
(i) Notify the complainant and the respondent that it is 2,754
not probable that an unlawful discriminatory practice described 2,755
in division (H) of section 4112.02 of the Revised Code has been 2,756
or is being engaged in and that the commission will not issue a 2,757
complaint in the matter; 2,758
(ii) Initiate a complaint and schedule it for informal 2,760
methods of conference, conciliation, and persuasion; 2,761
(iii) Initiate a complaint and refer it to the attorney 2,763
general with a recommendation to seek a temporary or permanent 2,764
injunction or a temporary restraining order. If this action is 2,765
taken, the attorney general shall apply, as expeditiously as 2,766
possible after receipt of the complaint, to the court of common 2,767
pleas of the county in which the unlawful discriminatory practice 2,768
allegedly occurred for the appropriate injunction or order, and 2,769
the court shall hear and determine the application as 2,770
expeditiously as possible. 2,771
(b) If it is not practicable to comply with the 2,773
requirements of division (B)(3)(a) of this section within the 2,774
one-hundred-day period described in that division, the commission 2,775
shall notify the complainant and the respondent in writing of the 2,776
reasons for the noncompliance. 2,777
(c) Prior to the issuance of a complaint under division 2,779
64
(B)(3)(a)(ii) or (iii) of this section or prior to a notification 2,780
of the complainant and the respondent under division (B)(3)(a)(i) 2,781
of this section, the members of the commission and the officers 2,782
and employees of the commission shall not make public in any 2,783
manner and shall retain as confidential all information that was 2,784
obtained as a result of or that otherwise pertains to a 2,785
preliminary investigation of a charge filed pursuant to division 2,786
(B)(1) of this section that alleges an unlawful discriminatory 2,787
practice described in division (H) of section 4112.05 of the 2,788
Revised Code. 2,789
(d) Notwithstanding the types of action described in 2,791
divisions (B)(3)(a)(ii) and (iii) of this section, prior to the 2,792
issuance of a complaint or the referral of a complaint to the 2,793
attorney general and prior to endeavoring to eliminate an 2,794
unlawful discriminatory practice described in division (H) of 2,795
section 4112.02 of the Revised Code by informal methods of 2,796
conference, conciliation, and persuasion, the commission may seek 2,797
a temporary or permanent injunction or a temporary restraining 2,798
order in the court of common pleas of the county in which the 2,799
unlawful discriminatory practice allegedly occurred. 2,800
(4) If the commission determines after a preliminary 2,802
investigation other than one described in division (B)(3) of this 2,803
section that it is not probable that an unlawful discriminatory 2,804
practice has been or is being engaged in, it shall notify any 2,805
complainant under division (B)(1) of this section that it has so 2,806
determined and that it will not issue a complaint in the matter. 2,807
If the commission determines after a preliminary investigation 2,808
other than the one described in division (B)(3) of this section 2,809
that it is probable that an unlawful discriminatory practice has 2,810
been or is being engaged in, it shall endeavor to eliminate the 2,811
practice by informal methods of conference, conciliation, and 2,812
persuasion. 2,813
(5) Nothing said or done during informal methods of 2,815
conference, conciliation, and persuasion under this section shall 2,816
65
be disclosed by any member of the commission or its staff or be 2,817
used as evidence in any subsequent hearing or other proceeding. 2,818
If, after a preliminary investigation and the use of informal 2,819
methods of conference, conciliation, and persuasion under this 2,820
section, the commission is satisfied that any unlawful 2,821
discriminatory practice will be eliminated, it may treat the 2,822
charge involved as being conciliated and enter that disposition 2,823
on the records of the commission. If the commission fails to 2,824
effect the elimination of an unlawful discriminatory practice by 2,825
informal methods of conference, conciliation, and persuasion 2,826
under this section and to obtain voluntary compliance with this 2,827
chapter, the commission shall issue and cause to be served upon 2,828
any person, including the respondent against whom a complainant 2,829
has filed a charge pursuant to division (B)(1) of this section, a 2,830
complaint stating the charges involved and containing a notice of 2,831
an opportunity for a hearing before the commission, a member of 2,832
the commission, or a hearing examiner at a place that is stated 2,833
in the notice and that is located within the county in which the 2,834
alleged unlawful discriminatory practice has occurred or is 2,835
occurring or in which the respondent resides or transacts 2,836
business. The hearing shall be held not less than thirty days 2,837
after the service of the complaint upon the complainant, the 2,838
aggrieved persons other than the complainant on whose behalf the 2,839
complaint is issued, and the respondent, unless the complainant, 2,840
an aggrieved person, or the respondent elects to proceed under 2,841
division (A)(2) of section 4112.051 of the Revised Code when that 2,842
division is applicable. If a complaint pertains to an alleged 2,843
unlawful discriminatory practice described in division (H) of 2,844
section 4112.02 of the Revised Code, the complaint shall notify 2,845
the complainant, an aggrieved person, and the respondent of the 2,846
right of the complainant, an aggrieved person, or the respondent 2,847
to elect to proceed with the administrative hearing process under 2,848
this section or to proceed under division (A)(2) of section 2,849
4112.051 of the Revised Code. 2,850
66
(6) The attorney general shall represent the commission at 2,852
any hearing held pursuant to division (B)(5) of this section and 2,853
shall present the evidence in support of the complaint. 2,854
(7) Any complaint issued pursuant to division (B)(5) of 2,856
this section after the filing of a charge under division (B)(1) 2,857
of this section shall be so issued within one year after the 2,858
complainant filed the charge with respect to an alleged unlawful 2,859
discriminatory practice. 2,860
(C) Any complaint issued pursuant to division (B) of this 2,862
section may be amended by the commission, a member of the 2,863
commission, or the hearing examiner conducting a hearing under 2,864
division (B) of this section, at any time prior to or during the 2,865
hearing. The respondent has the right to file an answer or an 2,866
amended answer to the original and amended complaints and to 2,867
appear at the hearing in person, by attorney, or otherwise to 2,868
examine and cross-examine witnesses. 2,869
(D) The complainant shall be a party to a hearing under 2,871
division (B) of this section, and any person who is an 2,872
indispensable party to a complete determination or settlement of 2,873
a question involved in the hearing shall be joined. Any person 2,874
who has or claims an interest in the subject of the hearing and 2,875
in obtaining or preventing relief against the unlawful 2,876
discriminatory practices complained of may be permitted, in the 2,877
discretion of the person or persons conducting the hearing, to 2,878
appear for the presentation of oral or written arguments. 2,879
(E) In any hearing under division (B) of this section, the 2,881
commission, a member of the commission, or the hearing examiner 2,882
shall not be bound by the Rules of Evidence but, in ascertaining 2,883
the practices followed by the respondent, shall take into account 2,884
all reliable, probative, and substantial statistical or other 2,885
evidence produced at the hearing that may tend to prove the 2,886
existence of a predetermined pattern of employment or membership, 2,887
provided that nothing contained in this section shall be 2,888
construed to authorize or require any person to observe the 2,889
67
proportion that persons of any race, color, religion, sex, 2,890
familial status, national origin, handicap DISABILITY, age, or 2,891
ancestry bear to the total population or in accordance with any 2,893
criterion other than the individual qualifications of the 2,894
applicant.
(F) The testimony taken at a hearing under division (B) of 2,896
this section shall be under oath and shall be reduced to writing 2,897
and filed with the commission. Thereafter, in its discretion, 2,898
the commission, upon the service of a notice upon the complainant 2,899
and the respondent that indicates an opportunity to be present, 2,900
may take further testimony or hear argument. 2,901
(G)(1) If, upon all reliable, probative, and substantial 2,903
evidence presented at a hearing under division (B) of this 2,904
section, the commission determines that the respondent has 2,905
engaged in, or is engaging in, any unlawful discriminatory 2,906
practice, whether against the complainant or others, the 2,907
commission shall state its findings of fact and conclusions of 2,908
law and shall issue and, subject to the provisions of Chapter 2,909
119. of the Revised Code, cause to be served on the respondent an 2,910
order requiring the respondent to cease and desist from the 2,911
unlawful discriminatory practice, requiring the respondent to 2,912
take any further affirmative or other action that will effectuate 2,913
the purposes of this chapter, including, but not limited to, 2,914
hiring, reinstatement, or upgrading of employees with or without 2,915
back pay, or admission or restoration to union membership, and 2,916
requiring the respondent to report to the commission the manner 2,917
of compliance. If the commission directs payment of back pay, it 2,918
shall make allowance for interim earnings. If it finds a 2,919
violation of division (H) of section 4112.02 of the Revised Code, 2,920
the commission additionally shall require the respondent to pay 2,921
actual damages and reasonable attorney's fees, and may award to 2,922
the complainant punitive damages as follows: 2,923
(a) If division (G)(1)(b) or (c) of this section does not 2,925
apply, punitive damages in an amount not to exceed ten thousand 2,926
68
dollars; 2,927
(b) If division (G)(1)(c) of this section does not apply 2,929
and if the respondent has been determined by a final order of the 2,930
commission or by a final judgment of a court to have committed 2,931
one violation of division (H) of section 4112.02 of the Revised 2,932
Code during the five-year period immediately preceding the date 2,933
on which a complaint was issued pursuant to division (B) of this 2,934
section, punitive damages in an amount not to exceed twenty-five 2,935
thousand dollars; 2,936
(c) If the respondent has been determined by a final order 2,938
of the commission or by a final judgment of a court to have 2,939
committed two or more violations of division (H) of section 2,940
4112.02 of the Revised Code during the seven-year period 2,941
immediately preceding the date on which a complaint was issued 2,942
pursuant to division (B) of this section, punitive damages in an 2,943
amount not to exceed fifty thousand dollars. 2,944
(2) Upon the submission of reports of compliance, the 2,946
commission may issue a declaratory order stating that the 2,947
respondent has ceased to engage in particular unlawful 2,948
discriminatory practices. 2,949
(H) If the commission finds that no probable cause exists 2,951
for crediting charges of unlawful discriminatory practices or if, 2,952
upon all the evidence presented at a hearing under division (B) 2,953
of this section on a charge, the commission finds that a 2,954
respondent has not engaged in any unlawful discriminatory 2,955
practice against the complainant or others, it shall state its 2,956
findings of fact and shall issue and cause to be served on the 2,957
complainant an order dismissing the complaint as to the 2,958
respondent. A copy of the order shall be delivered in all cases 2,959
to the attorney general and any other public officers whom the 2,960
commission considers proper. 2,961
(I) Until the time period for appeal set forth in division 2,963
(H) of section 4112.06 of the Revised Code expires, the 2,964
commission, subject to the provisions of Chapter 119. of the 2,965
69
Revised Code, at any time, upon reasonable notice, and in the 2,966
manner it considers proper, may modify or set aside, in whole or 2,967
in part, any finding or order made by it under this section. 2,968
Sec. 4112.08. This chapter shall be construed liberally 2,977
for the accomplishment of its purposes, and any law inconsistent 2,978
with any provision of this chapter shall not apply. Nothing 2,979
contained in this chapter shall be considered to repeal any of 2,980
the provisions of any law of this state relating to 2,981
discrimination because of race, color, religion, sex, familial 2,982
status, handicap DISABILITY, national origin, age, or ancestry, 2,983
except that any person filing a charge under division (B)(1) of 2,985
section 4112.05 of the Revised Code is, with respect to the 2,986
unlawful discriminatory practices complained of, IS barred from 2,987
instituting a civil action under section 4112.14 or division (N) 2,988
of section 4112.02 of the Revised Code. 2,989
Sec. 4117.19. (A) Every employee organization that is 2,998
certified or recognized as a representative of public employees 2,999
under Chapter 4117. of the Revised Code shall file with the state 3,000
employment relations board a registration report, THAT IS signed 3,001
by its president or other appropriate officer. The report shall 3,003
be in a form prescribed by the board and accompanied by two 3,004
copies of the employee organization's constitution and bylaws. 3,005
The board shall accept a filing by a statewide, national, or 3,006
international employee organization of its constitution and 3,007
bylaws in lieu of a filing of such THE documents by each 3,008
subordinate organization. The exclusive representative or other 3,010
employee organization originally filing its constitution and 3,011
bylaws shall report, promptly, to the board all changes or 3,012
amendments to its constitution and bylaws. 3,013
(B) Every employee organization shall file with the board 3,015
an annual report. The report shall be in a form prescribed by 3,016
the board, and shall contain the following information: 3,017
(1) The names and addresses of the organization, any 3,019
parent organization or organizations with which it is affiliated, 3,020
70
and all organizationwide officers; 3,021
(2) The name and address of its local agent for service of 3,023
process; 3,024
(3) A general description of the public employees the 3,026
organization represents or seeks to represent; 3,027
(4) The amounts of the initiation fee and monthly dues 3,029
members must pay; 3,030
(5) A pledge, in a form prescribed by the board, that the 3,032
organization will comply with the laws of the state and that it 3,033
will accept members without regard to age, race, color, sex, 3,034
creed, religion, ancestry, national origin, handicap DISABILITY 3,035
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or physical 3,036
disability as provided by law; 3,037
(6) A financial report. 3,039
(C) The constitution or bylaws of every employee 3,041
organization shall DO ALL OF THE FOLLOWING: 3,042
(1) Require that the organization keep accurate accounts 3,044
of all income and expenses, prepare an annual financial report, 3,045
keep open for inspection by any member of the organization its 3,046
accounts, and make loans to officers and agents only on terms and 3,047
conditions available to all members; 3,048
(2) Prohibit business or financial interests of its 3,050
officers and agents, their spouses, minor children, parents, or 3,051
otherwise, in conflict with the fiduciary obligation of such 3,052
persons to the organization; 3,053
(3) When specifically requested by the board, require 3,055
every official who is designated as a fiscal officer of an 3,056
employee organization and who is responsible for funds or other 3,057
property of the organization or trust in which an organization is 3,058
interested, or a subsidiary organization be bonded with the 3,059
amount, scope, and form of the bond determined by the board; 3,060
(4) Require periodic elections of officers by secret 3,062
ballot subject to recognized safeguards concerning the equal 3,063
right of all members to nominate, seek office, and vote in the 3,064
71
elections, the right of individual members to participate in the 3,065
affairs of the organization, and fair and equitable procedures in 3,066
disciplinary actions. 3,067
(D) The board shall prescribe rules necessary to govern 3,069
the establishment and reporting of trusteeships over employee 3,070
organizations. The establishment of trusteeships is permissible 3,071
only if the constitution or bylaws of the organization set forth 3,072
reasonable procedures. 3,073
(E) The board may withhold certification of an employee 3,075
organization that willfully refuses to register or file an annual 3,076
report, or that willfully refuses to comply with other provisions 3,077
of this section. The board may revoke a certification of an 3,078
employee organization for willfully failing to comply with this 3,079
section. The board may enforce the prohibitions contained in 3,080
this section by petitioning the court of common pleas of the 3,081
county in which the violation occurs for an injunction. Persons 3,082
complaining of A violation of this section shall file the 3,083
complaint with the board. 3,084
(F) Upon the written request to the board of any member of 3,086
a certified employee organization and where the board determines 3,087
the necessity for an audit, the board may require the employee 3,088
organization to provide a certified audit of its financial 3,089
records. 3,090
(G) Any employee organization subject to the 3,092
"Labor-Management Reporting and Disclosure Act of 1959," 73 Stat. 3,093
519, 29 U.S.C.A., 401, as amended, may file copies with the board 3,094
of all reports it is required to file under that act in lieu of 3,095
compliance with all parts of this section other than division (A) 3,096
of this section. The board shall accept a filing by a statewide, 3,097
national, or international employee organization of its reports 3,098
in lieu of a filing of such reports by each subordinate 3,099
organization. 3,100
Sec. 4735.16. (A) Every real estate broker licensed under 3,109
this chapter shall have and maintain a definite place of business 3,110
72
in this state and shall erect or maintain a sign on the premises 3,111
plainly stating that the licensee is a real estate broker. If 3,112
the real estate broker maintains one or more branch offices, he 3,113
THE REAL ESTATE BROKER shall erect or maintain a sign at each 3,114
branch office plainly stating that the licensee is a real estate 3,115
broker.
(B) Any licensed real estate broker or salesman 3,117
SALESPERSON who advertises to buy, sell, exchange, or lease real 3,118
estate, including, but not limited to, any licensed real estate 3,119
broker or salesman SALESPERSON who advertises to sell, exchange, 3,120
or lease real estate that he THE LICENSEE owns, shall be 3,122
identified in the advertisement by name and by indicating that he 3,124
THE LICENSEE is a real estate broker or real estate salesman 3,126
SALESPERSON. Except a real estate salesman SALESPERSON who 3,127
advertises the sale, exchange, or lease of real estate that he 3,128
THE SALESPERSON owns and that is not listed for sale, exchange, 3,129
or lease with a real estate broker, any real estate salesman 3,130
SALESPERSON who advertises, as provided in this section, also 3,132
shall indicate in his THE advertisement the name of the broker 3,134
under whom he THE SALESPERSON is licensed and the fact that his 3,135
THE SALESPERSON'S broker is a real estate broker. The name of 3,136
the broker shall be displayed in equal prominence with the name 3,137
of the salesman SALESPERSON in the advertisement. 3,138
Any real estate broker or real estate salesman SALESPERSON 3,140
who advertises in a manner other than as provided in this section 3,141
is guilty of violating division (A)(21) of section 4735.18 of the 3,142
Revised Code. 3,143
(C) A real estate broker or salesman SALESPERSON obtaining 3,145
the signature of a party to a listing or other agreement involved 3,146
in a real estate transaction shall furnish a copy of the listing 3,147
or other agreement to the party immediately after obtaining his 3,148
THE PARTY'S signature. Every broker's office shall prominently 3,149
display in the same immediate area as licenses are displayed a 3,150
statement that it is illegal to discriminate against any person 3,151
73
because of race, color, religion, sex, familial status, as 3,152
defined in section 4112.01 of the Revised Code, national origin, 3,153
handicap, DISABILITY as defined in that section, or ancestry in 3,155
the sale or rental of housing or residential lots, in advertising 3,156
the sale or rental of housing, in the financing of housing, or in 3,157
the provision of real estate brokerage services, and that 3,158
blockbusting also is illegal. The statement shall bear the United 3,159
States department of housing and urban development equal housing 3,160
logo and also, shall contain the information that the broker and 3,161
his salesmen THE BROKER'S SALESPERSONS are licensed by the 3,162
division of real estate and that the division can assist with any 3,163
consumer complaints or inquiries, and shall explain the 3,164
provisions of section 4735.12 of the Revised Code. The statement 3,165
shall provide the division's address and telephone number. The 3,166
Ohio real estate commission shall provide by rule for the wording 3,167
and size of the statement. The pamphlet required under section 3,168
4735.03 of the Revised Code shall contain the same statement that 3,169
is required on the statement displayed as provided in this 3,170
section and shall be made available by real estate brokers and 3,171
salesmen SALESPERSONS to their clients. The commission shall 3,172
provide the wording and size of the pamphlet. 3,173
Sec. 4735.55. (A) Each written agency agreement shall 3,182
contain all of the following: 3,183
(1) An expiration date; 3,185
(2) A statement that it is illegal, pursuant to the Ohio 3,187
fair housing law, division (H) of section 4112.02 of the Revised 3,188
Code, and the federal fair housing law, 42 U.S.C.A. 3601, to 3,190
refuse to sell, transfer, assign, rent, lease, sublease, or 3,192
finance housing accommodations, refuse to negotiate for the sale 3,193
or rental of housing accommodations, or otherwise deny or make 3,194
unavailable housing accommodations because of race, color, 3,195
religion, sex, familial status AS DEFINED IN SECTION 4112.01 OF 3,196
THE REVISED CODE, ancestry, handicap DISABILITY AS DEFINED IN
THAT SECTION, or national origin; or to so discriminate in 3,198
74
advertising the sale or rental of housing, in the financing of 3,199
housing, or in the provision of real estate brokerage services; 3,200
(3) A statement defining the practice known as 3,202
"blockbusting" and stating that it is illegal; 3,203
(4) A copy of the United States department of housing and 3,205
urban development equal housing opportunity logotype, as set 3,206
forth in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place 3,208
for the licensee and the client to sign and date the agreement. 3,209
(C) A licensee shall furnish a copy of any written agency 3,212
agreement to a client in a timely manner after the licensee and 3,213
the client have signed and dated it.
Sec. 4757.07. The counselor and social worker board and 3,222
its professional standards committees shall not discriminate 3,223
against any licensee, registrant, or applicant for a license or 3,224
certificate of registration under this chapter because of the 3,225
person's race, color, religion, sex, national origin, handicap 3,226
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,227
age. The board or committee, as appropriate, shall afford a 3,228
hearing to any person who files with the board or committee a
statement alleging discrimination based on any of those reasons. 3,229
Sec. 5119.61. Any provision in this chapter that refers to 3,238
a board of alcohol, drug addiction, and mental health services 3,239
also refers to the community mental health board in an alcohol, 3,240
drug addiction, and mental health service district that has a 3,241
community mental health board. 3,242
The director of mental health with respect to all 3,244
facilities and programs established and operated under Chapter 3,245
340. of the Revised Code for mentally ill and emotionally 3,246
disturbed persons, shall DO ALL OF THE FOLLOWING: 3,247
(A) Make such rules pursuant to Chapter 119. of the 3,249
Revised Code as THAT may be necessary to carry out the purposes 3,250
of Chapter 340. and sections 5119.61 to 5119.63 of the Revised 3,252
Code;
75
(B) Adopt rules requiring each public or private agency 3,254
providing mental health services or facilities under a contract 3,255
with a board of alcohol, drug addiction, and mental health 3,256
services and any program operated by such a board to have a 3,257
written policy that addresses the rights of clients including ALL 3,258
OF THE FOLLOWING: 3,259
(1) The right to a copy of the agency's policy of client 3,261
rights; 3,262
(2) The right at all times to be treated with 3,264
consideration and respect for his THE CLIENT'S privacy and 3,265
dignity; 3,266
(3) The right to have access to his THE CLIENT'S own 3,268
psychiatric, medical, or other treatment records unless access is 3,269
specifically restricted in the client's treatment plan for clear 3,270
treatment reasons; 3,271
(4) The right to have a client rights officer provided by 3,273
the board or agency advise him THE CLIENT of his THE CLIENT'S 3,275
rights, including his THE CLIENT'S rights under Chapter 5122. of 3,276
the Revised Code if he THE CLIENT is committed to the board or 3,277
agency.
(C) Require each board of alcohol, drug addiction, and 3,279
mental health services to ensure that each contract agency 3,280
establishes grievance procedures available to all recipients of 3,281
services or applicants for services; 3,282
(D) Define minimum standards for qualifications of 3,284
personnel, professional services, and mental health 3,286
professionals, as that term is defined in section 340.02 of the
Revised Code; 3,287
(E) Review and evaluate, and, taking into account the 3,289
findings and recommendations of the board of alcohol, drug 3,290
addiction, and mental health services of the district served by 3,291
the program and the requirements and priorities of the state 3,292
mental health plan, including the needs of residents of the 3,293
district now residing in state mental institutions, approve and 3,294
76
allocate funds to support community programs, and make 3,295
recommendations for needed improvements to boards of alcohol, 3,296
drug addiction, and mental health services; 3,297
(F) Withhold state and federal funds for any program, in 3,299
whole or in part, from a board of alcohol, drug addiction, and 3,300
mental health services in the event of failure of that program to 3,301
comply with Chapter 340. or section 5119.61 or 5119.62 of the 3,302
Revised Code or rules of the department of mental health. The 3,303
director shall identify the areas of noncompliance and the action 3,304
necessary to achieve compliance. The director shall offer 3,305
technical assistance to the board to achieve compliance. The 3,306
director shall give the board a reasonable time within which to 3,307
comply or to present its position that it is in compliance. 3,308
Before withholding funds, a hearing shall be conducted to 3,309
determine if there are continuing violations and that either 3,310
assistance is rejected or the board is unable to achieve 3,311
compliance. Subsequent to the hearing process, if it is 3,312
determined that compliance has not been achieved, the director 3,313
may allocate all or part of the withheld funds to a public or 3,314
private agency, to provide the services not in compliance, until 3,315
such THE time as THAT there is compliance. The director shall 3,317
establish rules pursuant to Chapter 119. of the Revised Code to 3,318
implement this division. 3,319
(G) Withhold state or federal funds from a board of 3,321
alcohol, drug addiction, and mental health services that denies 3,322
available service on the basis of religion, race, color, creed, 3,323
sex, national origin, age, physical or mental handicap DISABILITY 3,324
AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, developmental 3,326
disability, or the inability to pay;
(H) Provide consultative services to community mental 3,328
health programs, with the knowledge and cooperation of the board 3,329
of alcohol, drug addiction, and mental health services; 3,330
(I) Provide to boards of alcohol, drug addiction, and 3,332
mental health services state or federal funds, in addition to 3,333
77
those allocated under section 5119.62 of the Revised Code, for 3,334
special programs or projects the director considers necessary, 3,335
but for which local funds are not available; 3,336
(J) Establish criteria by which a board of alcohol, drug 3,338
addiction, and mental health services reviews and evaluates the 3,339
quality, effectiveness, and efficiency of services provided 3,340
through its community mental health plan. The department shall 3,341
assess a board's evaluation of services and the compliance of 3,342
each board with this section, Chapter 340., or section 5119.62 of 3,343
the Revised Code, and other state or federal law and regulations. 3,344
The department, in cooperation with the board, periodically shall 3,345
review and evaluate the quality, effectiveness, and efficiency of 3,346
services provided through each board. The department shall 3,347
collect such information as THAT is necessary to perform these 3,349
functions. 3,350
(K) Develop and operate a community mental health 3,352
information system. 3,353
Boards of alcohol, drug abuse, and mental health services 3,355
shall submit information requested by the department in the form 3,356
and manner prescribed by the department. Information collected 3,357
by the department shall include, but not be limited to, ALL OF 3,359
THE FOLLOWING:
(1) Information regarding units of services provided in 3,361
whole or in part under contract with a board, including diagnosis 3,362
and special needs, demographic information, the number of units 3,363
of service provided, past treatment, financial status, and 3,364
service dates in accordance with rules adopted by the department 3,365
in accordance with Chapter 119. of the Revised Code; 3,366
(2) Financial information other than price or 3,368
price-related data regarding expenditures of boards and community 3,369
mental health agencies, including units of service provided, 3,370
budgeted and actual expenses by type, and sources of funds. 3,371
Boards shall submit the information specified in division 3,373
(K)(1) of this section no less frequently than annually for each 3,374
78
client, and each time the client's case is opened or closed. The 3,375
department shall not collect any information for the purpose of 3,376
identifying by name any person who receives a service through a 3,377
board of alcohol, drug addiction, and mental health services, 3,378
except as required by state or federal law to validate 3,379
appropriate reimbursement. For the purposes of division (K)(1) 3,380
of this section, the department shall use an identification 3,381
system that is consistent with applicable nationally recognized 3,382
standards. 3,383
(L) Review each board's plan submitted pursuant to section 3,385
340.03 of the Revised Code and approve or disapprove it in whole 3,386
or in part. Periodically, in consultation with representatives 3,387
of boards and after considering the recommendations of the 3,388
medical director, the director shall issue criteria for 3,389
determining when a plan is complete, criteria for plan approval 3,390
or disapproval, and provisions for conditional approval. The 3,391
factors that the director considers may include, but are not 3,392
limited to, the following: 3,393
(1) The mental health needs of all persons residing within 3,395
the board's service district, especially severely mentally 3,396
disabled children, adolescents, and adults; 3,397
(2) The demonstrated quality, effectiveness, efficiency, 3,399
and cultural relevance of the services provided in each service 3,400
district, the extent to which any services are duplicative of 3,401
other available services, and whether the services meet the needs 3,402
identified above; 3,403
(3) The adequacy of the board's accounting for the 3,405
expenditure of funds. 3,406
If the director disapproves all or part of any plan, he THE 3,408
DIRECTOR shall provide the board an opportunity to present its 3,409
position. The director shall inform the board of the reasons for 3,410
the disapproval and of the criteria that must be met before the 3,411
plan may be approved. The director shall give the board a 3,412
reasonable time within which to meet the criteria, and shall 3,413
79
offer technical assistance to the board to help it meet the 3,414
criteria.
If the approval of a plan remains in dispute thirty days 3,416
prior to the conclusion of the fiscal year in which the board's 3,417
current plan is scheduled to expire, the board or the director 3,418
may request that the dispute be submitted to a mutually agreed 3,419
upon third-party mediator with the cost to be shared by the board 3,420
and the department. The mediator shall issue to the board and 3,421
the department recommendations for resolution of the dispute. 3,422
Prior to the conclusion of the fiscal year in which the current 3,423
plan is scheduled to expire, the director, taking into 3,424
consideration the recommendations of the mediator, shall make a 3,425
final determination and approve or disapprove the plan, in whole 3,426
or in part. 3,427
(M) Visit and evaluate any community mental health 3,429
program, agency, or facility, in cooperation with a board of 3,430
alcohol, drug addiction, and mental health services, to determine 3,431
if the services meet minimum standards pursuant to division (G) 3,432
of section 5119.01 of the Revised Code. If the director 3,433
determines that the services meet minimum standards, he THE 3,434
DIRECTOR shall so certify. 3,435
If the director determines that the services of any 3,437
program, agency, or facility that has a contract with a board do 3,438
not meet minimum standards, he THE DIRECTOR shall identify the 3,439
areas of noncompliance, specify what action is necessary to meet 3,441
the standards, and offer technical assistance to the board so 3,442
that it may assist the program, agency, or facility to meet 3,443
minimum standards. The director shall give the board a 3,444
reasonable time within which to demonstrate that the services 3,445
meet minimum standards or to bring the program or facility into 3,446
compliance with the standards. If the director concludes that 3,447
the services continue to fail to meet minimum standards, the 3,448
director may request that the board reallocate the funds for 3,449
those services to another program, agency, or facility which 3,450
80
meets minimum standards. If the board does not reallocate those 3,451
funds in a reasonable period of time, the director may withhold 3,452
state and federal funds for the services and allocate those funds 3,453
directly to a public or private agency that meets minimum 3,454
standards.
Each program, agency, and facility shall pay a fee for the 3,456
certification review required by this division. Fees shall be 3,457
paid into the sale of goods and services fund created pursuant to 3,458
section 5119.161 of the Revised Code. 3,459
The director shall adopt rules under Chapter 119. of the 3,461
Revised Code to implement this division. The rules shall do all 3,462
of the following: 3,463
(1) Establish the process for certification of services of 3,465
programs, agencies, or facilities; 3,466
(2) Set the amount of certification review fees based on a 3,468
portion of the cost of performing the review; 3,469
(3) Specify the type of notice and hearing to be provided 3,471
prior to a decision whether to reallocate funds. 3,472
Sec. 5123.351. The director of mental retardation and 3,481
developmental disabilities, with respect to the eligibility for 3,482
state reimbursement of expenses incurred by facilities and 3,483
programs established and operated under Chapter 5126. of the 3,484
Revised Code for mentally retarded and developmentally disabled 3,485
persons, shall DO ALL OF THE FOLLOWING: 3,486
(A) Make such rules as THAT may be necessary to carry out 3,489
the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 3,490
5123.36 of the Revised Code; 3,491
(B) Define minimum standards for qualifications of 3,493
personnel, professional services, and in-service training and 3,494
educational leave programs; 3,495
(C) Review and evaluate community programs and make 3,497
recommendations for needed improvements to county boards of 3,498
mental retardation and developmental disabilities and to program 3,499
directors; 3,500
81
(D) Withhold state reimbursement, in whole or in part, 3,502
from any county or combination of counties for failure to comply 3,503
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised 3,504
Code or rules of the department of mental retardation and 3,505
developmental disabilities; 3,506
(E) Withhold state funds from an agency, corporation, or 3,508
association denying or rendering service on the basis of race, 3,509
color, sex, religion, ancestry, national origin, handicap 3,510
DISABILITY AS DEFINED IN SECTION 4112.01 OF THE REVISED CODE, or 3,511
inability to pay; 3,512
(F) Provide consultative staff service to communities to 3,514
assist in ascertaining needs and in planning and establishing 3,515
programs. 3,516
Section 2. That existing sections 124.93, 125.111, 153.59, 3,518
175.05, 175.06, 176.04, 176.06, 306.43, 717.01, 1501.012, 3,519
2927.03, 3781.111, 4112.01, 4112.02, 4112.021, 4112.022, 4112.04, 3,521
4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 5119.61, 3,522
and 5123.351 of the Revised Code are hereby repealed.