(a) It shall be unlawful to:
(1) 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 disability, or to make an inquiry as to the nature or severity of a disability of such a person.
(2) To refuse to permit, at the expense of the disabled 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 ease 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.
(3) 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.
(4) In connection with the design and construction of covered multi-family residential property for first occupancy on and after March 13, 1991, fail to design and construct such residential real property in such a manner that:
A. The public use and common use portions of such residential real property are readily accessible to and usable by persons with disabilities;
B. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
C. All premises within such 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. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(b) It shall be an unlawful discriminatory housing practice to construct multi-family covered dwellings that do not provide for accessibility and usability for physically disabled or handicapped persons in compliance with applicable state or federal law, whichever is controlling.
(c) However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:
(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 disabilities or to persons with a particular type of disability.
(3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability.
(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.
(Ord. 91-2006. Passed 11-14-06.)