Sale or rental to disabled persons

Except as provided in section 12-101, it is an unlawful discriminatory practice for any person:

(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 disability of:

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

c.

Any person associated with that buyer or renter.

(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 disability of:

a.

That person; or

b.

A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

c.

Any person associated with that person.

(3)

For purposes of this section, discrimination includes:

a.

A refusal 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 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 tear excepted;

b.

A refusal 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; or

c.

In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

1.

The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;

2.

All 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

3.

All premises within such dwellings contain the following features of adaptive design:

i.

An accessible route into and through the dwelling;

ii.

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

iii.

Reinforcements in bathroom walls to allow later installation of grab bars; and

iv.

Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(4)

Compliance with the appropriate requirement of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (3)c.3.

(5)

The city shall review all plans for new construction of covered multi-family housing for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)c. are met. Based on such determination, the city may approve the new construction if the requirements of paragraph (3)c. are met, and may deny the new construction if those requirements are not met.

(6)

Nothing in this section 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. No. 92-147, § 2, 9-10-92; Ord. No. 2010-2, § 8, 1-7-2010)