(1) To 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 otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, disability, or national origin;
(2) To 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 therewith, because of race, color, religion, sex, familial status, disability, or national origin;
(3) To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination;
(4) To represent to any person because of race, color, religion, sex, disability, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when that dwelling is in fact so available;
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin; or
(6) (a) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. Any person associated with that person.
(b) To 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 a dwelling, because of a disability of:
1. That person;
2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
3. Any person associated with that person.
(B) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
(C) For the purpose of division (A)(6) of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATION. Includes:
(a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by that person if those 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;
(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or
(c) In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
1. The dwellings have at least one building entrance on a handicapped-accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site;
2. The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;
3. All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
4. 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. Reinforcements in bath- room walls to allow later installation of grab bars; and
d. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
(D) Compliance with the appropriate requirements of the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101) and of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of division (C)(c)3.
(E) Nothing in divisions (A)(6) and (C) 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.
(1985 Code, § 900-4) (Ord. 95-7, passed 3-13-1995) Penalty, see § 10.99