Current through September 30, 2024
Section 100.202 - General prohibitions against discrimination because of handicap(a) It shall be unlawful 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-(1) That buyer or renter;(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(3) Any person associated with that person.(b) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of- (1) That buyer or renter;(2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(3) Any person associated with that person.(c) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a handicap or to make inquiry as to the nature or severity of a handicap of such a person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:(1) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;(2) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;(3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;(4) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;(5) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.(d) Nothing in this subpart 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.