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(b) Require any person selling or renting property to modify such property in any
<br />way at his or her expense, provided that such person does not refuse to permit
<br />reasonable modifications by a handicapped person, necessary for that person to
<br />fully enjoy the premises in which he or she resides, when such modifications
<br />are made at the expense of the handicapped person, which permission may be
<br />conditioned on that person's promise to restore the premises to the condition in
<br />which it previously existed before granting permission for such modification,
<br />nor shall this chapter be construed to relieve any handicapped person of any
<br />obligation generally imposed on all persons regardless of handicap in a written
<br />lease, rental agreement, or contract of purchase or sale, or to forbid distinctions
<br />based on the inability to fulfill the terms and conditions, including financial
<br />obligations, of the lease, agreement, or contract, so long as such distinctions are
<br />not based on the handicap itself, or on the landlord's refusal to make reasonable
<br />modification in the lease, agreement or contract conditions for the purpose of
<br />denying a handicapped person equal opportunity to the use and enjoyment of the
<br />premises .
<br />(c) Prohibit restricting the sale or rental of a dwelling on the basis of handicap when
<br />such a dwelling is authorized, approved, financed, or subsidized in whole or in
<br />part for the benefit of persons of a handicap by a unit of state, local, or federal
<br />government, so long as such restrictions do not discriminate against otherwise
<br />qualified handicapped persons.
<br />(d) Require that a dwelling be made available to a person with a handicap whose
<br />tenancy would constitute a direct threat to the health or safety of other
<br />individuals or whose tenancy would result in substantial physical damage to the
<br />property of others.
<br />(e) Prohibit the applicability of any reasonable local, state or federal restrictions
<br />regarding the maximum number of occupants permitted to occupy a dwelling.
<br />(f) With regard to familial status, apply to dwellings provided under any state or
<br />federal program specifically designed and operated to assist elderly persons, as
<br />defined in the state or federal program, or to housing for older persons,
<br />provided that HUD has determined that such program or housing is exempt,
<br />which determination shall be conclusive.
<br />(g) Prohibit a person engaged in the business of furnishing appraisals of real
<br />property to take into consideration factors other than race, color, religion,
<br />national origin, sex, handicap, or familial status.
<br />(h) Apply to any single-family house sold or rented by an owner, under the terms
<br />and conditions set forth in 42 U.S.C. Section 3603(b); or to rooms or units in
<br />dwellings containing living quarters occupied or intended to be occupied by no
<br />more than four families living independently of each other, if the owner actually
<br />maintains and occupies one of such living quarters as his residence.
<br />(i) Prohibit conduct against a person because such person has been convicted by
<br />any court of competent jurisdiction of the illegal manufacture or distribution of a
<br />controlled substance as defined in 21 U.S.C. Section 802.
<br />(Ord. 98-12. Passed 2-16-98.)
<br />743.04 PROHIBITED ACTS.
<br />It is hereby declared to be a discriminatory housing practice and unlawful for any
<br />person to:
<br />(a) Refuse to sell, transfer, assign, rent, lease, sublease, finance, negotiate or
<br />otherwise deny or make unavailable a dwelling to any person because of the
<br />race, color, religion, sex, ancestry, handicap, familial status or national origin
<br />of any present or prospective owner, occupant, or user of such dwelling, or in
<br />the case of a handicapped person, an associate thereof;
<br />1998 Replacement
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