§ 12-112 — Discrimination based on disability

Sec. 12-112. - Discrimination based on disability.

(a) For the purposes of this article, discrimination based on disability includes the following: (1) 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 such person full enjoyment of the premises; except that, for a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (2) 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 (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: a. The dwellings have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. b. With respect to dwellings with a building entrance on an accessible route: 1. The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; 2. All the doors designed to allow passage into and within all premises 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 with: 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 the 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. Compliance with requirement 1, section 5, Guidelines of Department of Housing and Urban Development Fair Housing Accessibility Guidelines (24 CFR 1) suffices to satisfy the requirements of subsection (a)(3)a of this section. Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") or comparable standards suffices to satisfy the requirements of subsection (a)(3)b.3 of this section except where the city's building standards exceed those requirements. For purposes of this subsection, covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if they are occupied by that date or if the last building permit or renewal thereof for those dwellings is issued on or before January 13, 1990. As used in this subsection, the term "covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units. (b) Except where exempted pursuant to section 12-113 of this article, it shall be unlawful to discriminate: (1) In the sale or rental or 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 sold, rented or made available; or c. Any person associated with that buyer or renter. (2) 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.

(Code 1985, § 12-72)