Chapter 4.04 HUMAN RIGHTS


Section 4.04.510 Illegal discriminatory housing practices based on disability.

    1. 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 any of the following persons:
        a. That buyer or renter.
        b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.
        c. A person associated with that buyer or renter.
    2. A person shall not discriminate against another 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 any of the following persons:
        a. That person.
        b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.
        c. A person associated with that person.
    3. For the purpose of this section only, discrimination includes any of the following circumstances:
        a. A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. For a rental, a landlord may, where reasonable to do so, condition permission for a modification on the renter's agreement 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 the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling.
        c. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 16, 1992, a failure to design and construct those dwellings in a manner that meets the following requirements:
            (1) The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons.
            (2) All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs.
            (3) All premises within the 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 bathroom walls to allow later installation of grab bars.
                (D) Usable kitchens and bathrooms so that a person in a wheelchair can maneuver about the space.
    4. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as ANSI A 117.1, satisfies the requirements of subsection 3(c)(iii) of this section.
    5. Nothing in subsections 1, 2 and 3 of this section requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others.
State law reference:  Iowa Code Section 216.8A. (Ord. 2008-0235; 2001-0459; 2000-9018; 99-7659, 91/T-9425)