16-123-314. Disability — Definition.

16-123-314. Disability — Definition. (a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter 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 sold, rented, or made available; or (3) A person associated with that buyer or renter. (b) A person shall 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) That person; (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (3) A person associated with that person. (c) For purposes of this section only, “discrimination” includes: (1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person with the disability if the modifications may be necessary to afford the person with the disability full enjoyment of the premises, except that an owner may: (A) Where reasonable to do so, reasonably condition permission for modifications upon the agreement of the person with the disability to restore the premises to its condition as it existed prior to modification, reasonable wear and tear excepted; and (B) Reasonably condition the permission on the person with a disability's providing to the owner a reasonable description of the proposed modifications and reasonable assurance that all work will be done in a professional manner, all required permits for the work timely obtained, and all work timely paid for; (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including public and common use areas; and (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after February 1, 2004, a failure to design and construct those dwellings in a manner that: (A) Makes the public use and common use portions of the dwellings readily accessible to and usable by persons with a disability; (B) Makes all the doors designed to allow passage into and within all premises within the dwellings sufficiently wide to allow passage by persons in wheelchairs; and (C) Makes 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 installations of grab bars; and (iv) Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (d) Compliance with the appropriate requirements of the American National Standards Institute, as in effect January 1, 2001, for buildings and facilities providing accessibility and usability for persons with a physical disability, commonly cited as ANSI A 117.1, suffices to satisfy the requirements of subdivision (c)(3) of this section. (e) As used in subdivision (c)(3) of this section, “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. (f) Nothing in this subchapter 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.