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1 <br /> transaction" means the following: <br /> (1) Making or purchasing loans or providing other <br /> financial assistance: <br /> (A) To purchase, construct, improve, repair, or <br /> maintain a dwelling; or <br /> (B) Secured by residential real estate. <br /> (2) Selling, brokering, or appraising residential real <br /> property. <br /> (b) A person whose business includes engaging in residential real <br /> estate related transactions may not discriminate against a <br /> person in making a real estate related transaction available, <br /> or in the terms or conditions of a real estate related <br /> transaction because of race, color, religion, sex, handicap, <br /> disability, familial status, or national origin. <br /> [P.L. 66-1190, §2 . ] <br /> Section 2-128 . 4 . Brokers' Organizations, Services, or Facilities . <br /> A person may not deny any person access to, or membership or <br /> participation in, a multiple-listing service, real estate brokers' <br /> organization or other service, organization, or facility relating <br /> to the business of selling or renting dwellings, or discriminate <br /> against a person in the terms or conditions of access, membership, <br /> or participation in such an organization, service, or facility <br /> because of race, color, religion, sex, handicap, familial status, <br /> or national origin. [P .L. 66-1990, §2 . ] <br /> Section 2-128 .5. Elderly Housing Exception to Discrimination <br /> Based on Familial Status . <br /> (a) The denial of housing rights and opportunities based on familial <br /> status as prohibited by this article shall not apply to housing <br /> intended for and solely occupied by persons over 62 years of age <br /> or older or which is designed and operated to assist elderly <br /> persons under a federal or state program. <br /> If there are persons living in such housing under age 62, this <br /> exception applies provided that : <br /> (al) All occupants after September 13, 1988 are at least 62 <br /> years old; <br /> (b2) Any unoccupied units are reserved for occupancy by <br /> persons at least 62 years old; and <br /> (e3) Any persons under age 62 occupying said housing after <br /> September 13, 1988 are employees of the housing and <br /> their family members residing in the same unit, and such <br /> employees perform substantial duties directly related to <br /> the management or maintenance of the housing. <br /> (b) The determination of whether any housing unit falls within the <br /> exception created by this section shall be made by the Commission <br /> and shall be consistent with any determinations already made by <br /> the Secretary of Housing and Urban Development . <br /> Chapter 2, Article 9, is hereby amended to add a new Section 2- <br /> 128 .6 of the Municipal Code of the City of South Bend, Indiana, as <br /> follows: <br /> gcnt i nn C. <br />