Chapter 7.12
PROHIBITED ACTS – HOUSING FOR THE DISABLED
Sections:
7.12.010 Discrimination against the disabled.
7.12.010 Discrimination against the disabled.
It shall be unlawful to:
A. 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:
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 person.
B. 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 inquiry as to the nature or severity of a handicap of such a person.
C. However, this section does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
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 handicaps 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.
D. 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. 94-23 § 1, 1994)
7.12.020 Unit modification.
It shall be unlawful 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 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 prior to the modifications, reasonable wear and tear excepted. (Ord. 94-23 § 1, 1994)
7.12.030 Rules and policies.
It shall be unlawful 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. (Ord. 94-23 § 1, 1994)
7.12.040 New construction.
It shall be unlawful to fail to design and construct dwellings after March 13, 1991, in such a manner that:
A. The public use and common use portions of such dwellings are readily accessible to and usable by a handicapped person;
B. 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
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. (Ord. 94-23 § 1, 1994)
7.12.050 Guide/support dogs.
It shall be unlawful to refuse to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to:
A. Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically handicapped person because he has a guide, hearing or support dog; or
B. Discriminate against any blind, hearing impaired, or physically handicapped person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or
C. Require, because a blind, hearing impaired, or physically handicapped person has a guide, hearing or support dog, 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. 94-23 § 1, 1994)