§ 102.21 HANDICAP.
   In addition to the discriminatory acts prohibited in § 102.20, it shall be unlawful for any person within the village to engage in the following proscribed conduct:
   (A)   Discriminate specifically because of handicap. 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, or otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
      (1)   That 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 buyer or renter.
   (B)   Accommodations in rules. Discriminate against any handicapped person by refusing 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 a dwelling.
   (C)   Modification of unit. Discriminate against any handicapped person by refusing to permit, at the expense of that person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person the full enjoyment of the premises. In the case of a rental, the landlord may, where it is reasonable to do so, condition his or her permission of 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. However, where it is necessary 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 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)   New construction. Discriminate against any handicapped person by failing to design and construct multi-family dwellings in such a manner that:
      (1)   The public use areas and common use areas of such multi-family dwellings are readily accessible to and usable by handicapped persons:
      (2)   All the doors designed to allow passage into and 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 kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
      (4)    Compliance with the appropriate requirements of ANSI A117.1 or the Illinois Accessibility Code for buildings and facilities providing accessibility and usability for physically handicapped people shall suffice to satisfy the requirements of subdivision (3) of this division.
   (E)   Guide, hearing or support dogs. Discriminate against any handicapped person by refusing to sell or rent after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or 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, or otherwise make unavailable or deny a property to any buyer or renter because such person has a guide, hearing or support dog or require 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. 94-0-032, passed 5-17-94) Penalty, see § 102.99