Discrimination based upon disability; scope of term; definitions;
compliance with safety rules
Sec. 5. (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 disability of:
(1) the buyer or renter;
(2) a person residing in or intending to reside in the dwelling
after the dwelling is sold, rented, or made available; or
(3) any person associated with the 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 disability of:
(1) the person;
(2) a person residing in or intending to reside in the dwelling
after the dwelling is sold, rented, or made available; or
(3) any person associated with the person.
(c) For purposes of this section only, discrimination includes the
following:
(1) A refusal to permit, at the expense of the person with a
disability, 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.
(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.
(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 a manner
that:
(A) the public use and common use parts of the dwellings
are readily accessible to and usable by persons with
disabilities;
(B) all the doors are designed to allow passage into and
within all premises within the dwellings and are sufficiently
wide to allow passage by persons with disabilities 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.
(iv) Usable kitchens and bathrooms so that an individual
in a wheelchair can maneuver about the space.
(d) As used in subsection (c), "covered multifamily dwellings"
means:
(1) buildings consisting of four (4) or more units if the buildings
have one (1) or more elevators; and
(2) ground floor units in other buildings consisting of four (4)
or more units.
(e) Compliance with the rules of the fire prevention and building
safety commission that incorporate by reference the appropriate
requirements of the American National Standard for buildings and
facilities providing accessibility and usability for people with
physical disabilities (ANSI A117.1) satisfies the requirements of
subsection (c)(3)(C).
(f) This section does not require 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.
As added by P.L.66-1990, SEC.2. Amended by P.L.23-1993,
SEC.145.
Last modified: May 27, 2006