§ 101.04  DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
   As made applicable by § 101.03 and except as exempted by §§ 101.03(B) and 101.09, it shall be unlawful:
   (A)   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 or national origin.
   (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 therewith, because of race, color, religion, sex, familial status or national origin.
   (C)   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 handicap, familial status or national origin, or an intention to make any such preference, limitation, or discrimination.
   (D)   To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
   (E)   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, handicap, familial status or national origin.
   (F)   (1)   To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
         (a)   That buyer or renter;
         (b)   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
         (c)   Any person associated with that person.
      (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 with such dwelling, because of a handicap of:
         (a)   That person;
         (b)   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
         (c)   Any person associated with that person.
      (3)   For purposes of this subdivision, discrimination includes:
         (a)   A refusal 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 that 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 use excepted;
         (b)   A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may  be necessary to afford the affected 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 the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that:
            1.   The public use and common use portions of those dwellings are readily accessible to and usable by handicapped persons;
            2.   All the doors designed to allow passage into and within all  premises within those dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
            3.   All premises within those 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 kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
      (4)   Compliance with the appropriate requirements of the Americans With Disabilities Act of 1990 and of the American National  Standard  for  buildings and facilities providing accessibility and usability for physically handicapped people (commonly  cited  as  "ANSI  A117.1") suffices to satisfy the requirements of division (F)(3)(c)3 of this section.
      (5)   Nothing in this subdivision 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. 10-3-93, passed 4-14-93)  Penalty, see § 10.99