(A) Discrimination against the disabled.
(1) Discriminate against any person in the terms, conditions or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a disability of:
(a) The buyer or renter;
(b) A person residing in or intending to reside in the dwelling after it is sold, rented or made available; or
(c) Any person associated with that person.
(2) Make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is sold, rented or made available, or any person associated with that person, has a disability, or make an inquiry as to the nature or severity of a disability of such a person. However, this division does not prohibit the following inquiries, provided that these inquiries are made of all applicants, whether or not they have disabilities:
(a) An inquiry into the applicant’s ability to meet the requirements of ownership or tenancy;
(b) An inquiry to determine whether an applicant is qualified for a dwelling available only to persons with a particular type of disability;
(c) An inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;
(d) An inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; and
(e) An inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
(3) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(B) Unit modifications. Refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises, occupied or to be occupied by the person, if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of rental, the
landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;
(C) Rules and policies. Refuse to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy the dwelling, including public and common use areas;
(D) New construction. Fail to design and construct dwellings, after March 13, 1991, in a manner that:
(1) The public use and common use portions of the dwelling are readily accessible to and usable by a disabled person;
(2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
(3) All premises within the dwellings contain the following features of adaptive design:
(a) An accessible route into and through the dwelling;
(b) Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
(c) Reinforcement of bathroom walls to allow later installation of grab bars; and
(d) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(E) Guide and support dogs. Refuse to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to:
(1) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or to otherwise make unavailable or deny property to any blind, hearing-impaired or physically disabled person because he or she has a guide, hearing or support dog;
(2) Discriminate against any blind, hearing impaired or physically disabled person in the terms, conditions or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he or she has a guide, hearing or support dog; or
(3) Require, because a blind, hearing-impaired or physically disabled person has a guide, hearing or support dog, an extra charge in a lease, rental agreement or contract of purchase or sale, other than for actual damage done to the premises by the dog.
(Ord. 08-36, passed 5-27-2008)