In addition to those prohibited acts identified in section 13-1-2 of this chapter, the following shall also be unlawful:
A. Discrimination: 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 such dwelling because of a handicap of:
1. The buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
3. Any person associated with that person.
B. Inquiry: To 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 handicap; or to make inquiry as to the nature or severity of a handicap of such a person.
However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
1. Inquiry into the applicant's ability to meet the requirements of ownership or tenancy.
2. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap.
3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap.
4. Inquiry to determine whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance.
5. Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
Nothing in this subsection 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.
C. Unit Modification: To refuse to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such 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 modifications, reasonable wear and tear excepted.
D. Rules And Policies: To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy the dwelling, including public and common use areas.
E. New Construction: To fail to design and construct dwellings after March 13, 1991, in such a manner that:
1. The public use and common use portions of such dwellings are readily accessible to and usable by a handicapped person;
2. All the doors designed to allow passage into and within the premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
3. All premises within such 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 bathroom walls to allow later installation of grab bars; and
d. Usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space.
F. Guide/Support Dogs: To refuse to sell or rent because a person has a guide, hearing, or support dog. It shall be a 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 otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing, or support dog;
2. Discriminate against any blind, hearing impaired, or physically handicapped 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 has a guide, hearing or support dog; or
3. Require, because a blind, hearing impaired, or physically handicapped 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. O-28-09, 4-13-2009)
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