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In addition to the business license criteria set forth in ACC 5.22.050, rental housing businesses consisting of multifamily dwelling units shall comply with the following license requirements:

A. Property owners, property managers, landlords, and their agents who offer for rent or lease “multifamily dwelling units” as defined in this section may not refuse to rent or lease such a dwelling unit to any residential tenant or prospective residential tenant or otherwise discriminate or retaliate against any residential tenant or prospective residential tenant solely on the basis that the person proposes to pay a portion of the rent from a “source of income” as defined in this section.

B. If property owners, property managers, landlords, and/or their agents elect to use a rent to income ratio in the rent calculation process any form of income, such as a rent voucher or subsidy, shall be deducted from the total monthly rent calculation for meeting income criteria in the rental screening process.

C. For the purposes hereof, the following definitions shall apply:

1. “Multifamily dwelling units” means housing where two or more separate housing units for residential inhabitants are contained within one building or several buildings within one complex.

2. “Source of income” includes income derived from social security, supplemental security income, other retirement programs, and any federal, state, and local subsidy programs, including housing assistance, public assistance, and general assistance programs.

D. The provisions of this section shall not apply if the dwelling unit does not qualify for participation in the tenant’s “source of income” program. However, any property owner, manager or agent that refuses to rent a dwelling unit to a person based upon the proposed use of funds from a “source of income” must notify that person in writing of the reasons why the dwelling unit is ineligible for participation in the particular “source of income” program. Refusal to allow a health and safety inspection of the property by a public housing authority or subsidy program inspector shall not be considered a legitimate basis for refusing to rent due to program ineligibility.

E. The provisions of this section shall not apply where one portion of a duplex unit is owner occupied. (Ord. 6755 § 3 (Exh. C), 2019; Ord. 6652 § 1, 2017. Formerly 5.22.045.)