Sec. 408.405. - Handicap.
(a) A person may not discriminate in the sale or rental 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 sold, rented, or made available; or
(3) Any person associated with that buyer or renter.
(b) A person may not 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 the dwelling because of a handicap of:
(1) That person;
(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 person.
(c) For purposes of this Section only, discrimination includes:
(1) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the 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.
(2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the 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 the date that is thirtieth months after March 13, 1991, a failure to design and construct those dwellings in a manner that:
(A) The public use and common use portions of the dwellings are readily accessible to and usable by handicapped persons;
(B) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(C) All premises within the 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 so that an individual in a wheelchair can maneuver about the space.
(4) Covered multifamily dwellings for first occupancy after March 13, 1991 shall be designed and constructed to 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. For purposes of this Section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued on or before June 1, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.
(d) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI Al 17.1-1986" suffices to satisfy the requirements of subparagraph (c)(3)(C) of this Section.
(e) As used in this subsection, the term "covered multifamily dwellings" means:
(1) Buildings consisting of four or more units if the buildings have one or more elevators; and
(2) Ground-floor units in other buildings consisting of four or more units.
(f) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented 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 person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
(1) Inquiry into an 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 handicaps or to persons with a particular type of handicap;
(3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;
(4) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;
(5) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
(g) Nothing in this subsection 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. 96-1089-659, § 1; Ord. 2004-699-E, § 21)
