161—9.3 (216) Interpretation of various housing provisions.
“Aggrieved person.” As used in the Iowa civil rights Act provisions relating to discrimination in housing, the term “aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice, or any person who believes that that person will be injured by a discriminatory housing practice that is about to occur.
“Discriminatory housing or real estate practice.” A person who violates the prohibitions contained in Iowa Code section 216.8 or 216.8A commits an “unfair or discriminatory practice” in the area of housing or real estate. A person who commits a violation of Iowa Code section 216.11 or 216.11A arising out of alleged violations of the prohibitions contained in Iowa Code section 216.8 or 216.8A commits an “unfair or discriminatory practice” in the area of housing or real estate.
“Dwelling.” As used in Iowa Code chapter 216, the term “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
“Exceptions.” The exceptions found in Iowa Code sections 216.12(2), 216.12(3), and 216.12(5) do not apply to Iowa Code section 216.8(3) relating to advertising.
“Handicap.” As used in Iowa Code section 216.2(5), the term “handicap” with respect to a person means:
	  1. 	 A physical or mental impairment which substantially limits one or more of such person’s major life activities,
	  2. 	 A record of having such an impairment, or
	  3. 	 Being regarded as having such an impairment.
Such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802).
“Housing accommodation.” As used in Iowa Code chapter 216, the term “housing accommodation” has the same meaning as is given the term “dwelling” in this rule.
“Housing for older persons.” The exception found in Iowa Code section 216.12(4) is limited to discrimination based upon “familial status.”
Iowa Code section 216.15A(10)“c.” The word “continued” as used in this paragraph means “carried on or kept up without cessation.” This paragraph does not refer to the adjournment or postponement of a hearing to a subsequent date or time.
Iowa Code section 216.16A(1)“a.” Election to proceed in court. The election to have the charges of a complaint decided in a civil action as provided in Iowa Code section 216.16A(1)“a” is only available where:
	  1. 	 It is alleged that there has been a violation of some portion of Iowa Code section 216.8 or 216.8A, or
	  2. 	 It is alleged that there has been a violation of Iowa Code section 216.11 or 216.11A arising out of alleged violations of the prohibitions contained in Iowa Code section 216.8 or 216.8A.
Iowa Code section 216.16A(2). The phrase “mediation agreement” in Iowa Code section 216.16A(2) refers to the agreement described in Iowa Code section 216.15A(2)“a” to “e.”
“Person.” As used in the Iowa civil rights Act provisions relating to discrimination in housing, the term “person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries. The specific inclusion of an individual or entity within this definition of “person” does not imply that that individual or entity is excluded from the definition of “person” in Iowa Code section 216.2(11).
Referral and deferral to local agencies in housing cases. If a complaint alleges either a violation of the prohibitions contained in Iowa Code section 216.8 or 216.8A or a violation of Iowa Code section 216.11 or 216.11A arising out of alleged violations of the prohibitions contained in Iowa Code section 216.8 or 216.8A, then deferral and referral of that complaint to a local commission are governed by the provisions of Iowa Code section 216.5(14) and that section takes precedence over Iowa Code section 216.19.