A.    A person may not discriminate in the sale or rental or otherwise make available 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 with a disability if the modifications may be necessary to afford the person full enjoyment of the premises.

    a.    A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a manner that is consistent with the

quality of the existing premises and that any required building permits will be obtained.

    b.    A landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the premises to the condition that existed before the modification, reasonable wear and tear excepted.

    c.    The landlord may not increase for persons with a disability any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the

restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount

of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

    2.    A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person with a disability 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 a disability;

    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 a disability 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.

    D.    As used in subsection C of this section, "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.

    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 physically handicapped people (ANSI A117.1) satisfies the requirements of subsection (C) (3) (c) of this section.

    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. (Ord. 92-45 (part), 1992; prior code § 12-3.5-4-5)