(A) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of:
(1) The buyer or renter;
(2) A person residing in or intending to reside in the dwelling after the dwelling is sold, rented or made available; or
(3) Any person associated with the buyer or renter.
(B) A person may not discriminate against any person 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) The person;
(2) A person residing in or intending to reside in the dwelling after the dwelling is sold, rented or made available; or
(3) Any person associated with the person.
(C) For the purpose of this section only, discrimination includes the following:
(1) A refusal to permit, at the expense of the disabled person, reasonable modification 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 a 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 modification, reasonable wear and tear excepted.
(2) A refusal 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 a dwelling.
(3) In connection with the design and construction of covered multifamily dwellings that are described at 42 U.S.C.A. § 3604 (F)(3)(C), a failure to design and construct those dwellings in a manner that:
(a) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons;
(b) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and
(c) All premises within the dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installations of grab bars; and
4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(D) As used in division (C)(3) above, COVERED MULTIFAMILY DWELLINGS means:
(1) Buildings consisting of 4 or more units if the buildings have 1 or more elevators; and
(2) Ground floor units in other buildings consisting of 4 or more units.
(E) Compliance with the rules of the Fire Prevention and Building Safety Commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities provided accessibility and usability for physically disabled people (ANSI Al17.1) satisfies the requirements of division (C)(3)(c) of this section.
(F) This section does not require 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.
(1979 Code, § 93.044) (Ord. 4106, passed 4-19-1993; Am. Ord. 4210, passed 8-7-1995)