(A) Except as exempted by § 92.07, it shall be unlawful to discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
(1) The buyer or renter;
(2) Any person associated with the buyer or renter; or
(3) Any person residing in or intending to reside in the dwelling after it is sold, rented, or made available.
(B) For purposes of this section, discrimination shall include:
(1) A refusal to permit, at the expense of the handicapped 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, when 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 handicapped person equal opportunity to use or enjoy a dwelling; and
(3) In connection with the design and construction of covered multifamily dwellings for first occupancy after January 1, 1995, a failure to design and construct the dwellings in a manner that:
(a) The public use and common use portions of the dwelling are readily accessible to and usable by handicapped persons;
(b) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped 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 installation of grab bars; and
4. Kitchens and bathrooms so that a handicapped person in a wheelchair can maneuver about the space.
(C) Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for physically handicapped people, ANSI A117.1, shall satisfy the requirements of division (B)(3)(c) of this section.
(D) For purposes of this section,
COVERED MULTI-FAMILY DWELLINGS shall mean:
(1) Buildings consisting of four or more units if the buildings have one or more elevators; and
(2) Ground floor units in other buildings consisting of four or more units.
(E) Nothing in this section shall 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.
(Prior Code, § 9-613) (Ord. 2004-2704, passed 8-16-2004) Penalty, see § 10.99