(1) It is an unfair or discriminatory housing practice and therefore unlawful and prohibited:
For a person to discriminate in the sale or rental of, or to otherwise make unavailableor deny, a dwelling to any buyer or renter because of a disability of a buyer or renter, an individual who will reside in the dwelling after it is sold, rented, or made available, or of any individual associated with the buyer or renter;
For a person to discriminate against an individual 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 disability of that individual, of any individual residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or of any individual associated with the individual.
(2) For purposes of this section, "discrimination" includes both segregate and separate and includes, but is not limited to:
A refusal to permit, at the expense of an individual with a disability, reasonablemodifications of existing premises occupied or to be occupied by the individual if the modifications are necessary to afford the individual with 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 a 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;
A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the individual with a disability equal opportunity to use and enjoy a dwelling; and
In connection with the design and construction of covered multifamily dwellings forfirst occupancy after the date that is thirty months after the date of enactment of the federal "Fair Housing Amendments Act of 1988", a failure to design and construct those dwellings in such a manner that the public use and common use portions of the dwellings are readily accessible to and usable by individuals with disabilities. At least one building entrance must be on an accessible route unless it is impractical to do so because of the terrain or the unusual characteristics of the site. All doors designed to allow passage into and within all premises within the dwellings must be sufficiently wide to allow passage by individuals with disabilities using mobility devices, and all premises within the dwellings must contain the following features of adaptive design:
Accessible routes into and through the dwellings;
Light switches, electrical outlets, thermostats, and other environmental controls inaccessible locations;
Reinforcements in bathroom walls to allow later installation of grab bars; and
Usable kitchens and bathrooms such that an individual using a mobility device canmaneuver about the space.
Compliance with the appropriate requirements of the "Accessible and Usable Buildings and Facilities" standard, or any successor standard, promulgated and amended from time to time by the international code council (commonly cited as ICC/ANSI A117.1) suffices to satisfy the requirements of subsection (2)(c) of this section.
As used in this section, "covered multifamily dwellings" means:
Buildings consisting of four or more units if such buildings have one or more elevators; and
Ground floor units in other buildings consisting of four or more units.
Source: L. 90: Entire section added, p. 1228, § 8, effective April 16. L. 92: IP(2)(c) amended, p. 1124, § 5, effective July 1. L. 93: (1), (2)(a), IP(2)(c), and (3) amended, p. 1660, § 64, effective July 1. L. 2014: (1), (2), and (3) amended, (SB 14-118), ch. 250, p. 977, § 5, effective August 6. L. 2017: (3) amended, (HB 17-1067), ch. 19, p. 63, § 4, effective August 9.