Administration and Personnel
02.40.060
Sale Or Rental Of Housing -- Prohibited Activities. 2.40.060 SALE OR RENTAL OF HOUSING – PROHIBITED ACTIVITIES.
As made applicable by Sections 2.40.030 through 2.40.050 and except as exempted by Sections 2.40.040 and 2.40.090, it is unlawful:

A. To 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, a dwelling to any Person because of race, color, religion, sex, Familial Status, or national origin;

B. To 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 therewith, because of race, color, religion, sex, Familial Status, sex or national origin;

C. To make, print or publish, or cause to be made, printed or published, any notice, statements or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference limitation, or discrimination based on race, color, religion, sex, Handicap, Familial Status, or national origin, or an intention to make any such preference, limitation or discrimination;

D. To represent to any Person because of race, color, religion, sex, Handicap, Familial Status, or national origin, that any dwelling is not available for inspection, sale or rental, when such dwelling is in fact so available;

E. For profit, to induce or attempt to induce any Person to sell or rent any dwelling by representations regarding entry or prospective entry into the neighborhood of a Person or Persons of a particular race, color, religion, sex, Handicap, Familial Status, or national origin;

F. 1. To discriminate in the sale or rental, or to otherwise make unavailable
or deny, a dwelling to any buyer or renter because of a Handicap of:

a. That buyer or renter;

b. A Person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any Person associated with that buyer or renter;

2. To 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 Handicap of:

a. That Person;

b. A Person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

c. Any Person associated with that Person;

3. For purposes of this Subsection, "discrimination" includes:

a. A refusal to permit, at the expense of the Handicapped Person, reasonable modifications of existing premises occupied or to be occupied by any 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 modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

b. A refusal 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 a dwelling; or

c. In connection with the design and construction of Covered Multi-family Dwellings for first (1st) occupancy after the date that is thirty (30) calendar months after the date of enactment of the Fair Housing Amendments Act of 1988 (enacted September 13, 1988), a failure to design and construct those dwellings in such a manner that:

i. The public use and common use portions of such dwellings are readily accessible to and usable by Handicapped Persons;

ii. 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

iii. All premises within such dwellings contain the following features of adaptive design:

(A) An accessible route into and through the dwelling;

(B) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(C) Reinforcements in bathrooms walls to allow later installation of grab bars; and

(D) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
4. Compliance with the appropriate requirements of the American National Standard for building and facilities providing accessibility and usability for physically Handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph 3.c.iii of this Subsection;

5. As used in this Section, the term "Covered Multi-family Dwellings" means:

a. Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators, and

b. Ground floor units in other buildings consisting of four (4) or more units;

6. Nothing in this Section shall be construed to invalidate or limit any law of the State, City or political subdivision of the State having lawful jurisdiction, that requires dwellings to be designed and constructed in a manner that affords Handicapped Persons greater access than is required by this Section;

7. 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. 2862, 2007; Ord. 2006 §1, 1991)