It shall be an Unlawful Discriminatory Housing Practice and a violation of this Chapter to do any of the following:
(a) A Person may not discriminate in the sale or rental or otherwise make unavailable or deny a Dwelling to a buyer or renter because of a Disability of:
(1) That buyer or renter;
(2) An individual residing in or intending to reside in that Dwelling after it is sold, rented, or made available; or
(3) Any individual associated with that buyer or renter.
(b) A Person may not discriminate against any individual in the terms, conditions, or privileges of sale or rental of a Dwelling or in the provision of services or facilities in connection with the Dwelling because of a Disability of:
(1) That buyer or renter;
(2) An individual residing in or intending to reside in that Dwelling after it is sold, rented, or made available; or
(3) Any individual associated with that individual.
(c) For purposes of this Section only, discrimination includes:
(1) A refusal to permit, at the expense of the individual with the Disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications may be necessary to afford the individual full enjoyment of the premises of a Dwelling, provided that, in the case of a rental, a landlord may:
A. Reasonably condition permission for modifications upon the renter's agreement to restore the interior of the premises to its premodification condition, reasonable wear and tear excepted, and
B. Reasonably condition such permission on the renter providing a reasonable description of the proposed modifications and reasonable assurances that all work will be done in a workmanlike manner and that all required permits will be obtained.
(2) A landlord may not increase for individuals with a Disability any customarily required security deposit except that to ensure available funds for restorations, if any, a landlord may negotiate an agreement that the renter deposit into an interest bearing escrow account, over a reasonable period, a reasonable amount not to exceed the cost of restorations where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restoration. All interest shall accrue to the renter's benefit.
(3) A refusal to make reasonable accommodations in rules, policies, practices, or services when the accommodations may be necessary to afford an individual with a Disability equal opportunity to use and enjoy a Dwelling, including public and common use areas.
(4) Making any inquiry to determine whether an applicant for a Dwelling, an individual intending to reside in that dwelling, or any individual associated with that individual has a Disability or to determine the nature or severity of any Disability.
(d) 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.
(Ord. 123-2014. Passed 11-3-14.)