(A) It shall be an unlawful real estate practice and a violation of this chapter:
(1) To discriminate in the sale, rental, or lease, or to otherwise make unavailable or deny, real estate to any buyer, renter, or lessee because of a handicap of:
(a) That buyer, renter, or lessee;
(b) A person residing, working, or using or intending to do so in that real estate after it is so sold, rented, or leased, or made available; or
(c) Any person associated with that person.
(2) To discriminate against any person in the terms, conditions, or privileges of the sale, rental, or lease of real estate, or in the provision of services or facilities in connection with such real estate, because of a handicap of:
(a) That buyer, renter, or lessee;
(b) A person residing, working, or using or intending to do so in that real estate after it is so sold, rented, or leased, or made available; or
(c) Any person associated with that person.
(3) Subject to the limitations of § 101.24(J), to make an inquiry to determine whether an applicant for real estate, a person intending to reside or work in that real estate after it is so sold, rented, leased, 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.
(B) Nothing in this section shall require that real estate 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) It shall be an unlawful real estate practice and a violation of this chapter for any person to refuse to permit, at the expense of a handicapped person, reasonable modifications of existing premises occupied or to be occupied by a handicapped person, if the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premises. In the case of a rental or lease, the landlord may, where it is necessary to do so, condition permission for a modification on the renter or lessee agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter or lessee providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.
(D) It shall be an unlawful real estate practice and a violation of this chapter for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy real estate, including public and common use areas.
(Ord. O-46-93, passed 11-16-93) Penalty, see § 101.99