3 CCR 708-1-60.4 - Housing
(A) A
refusal or denial of equal terms, conditions, or privileges of housing, or
sale, assignment, transfer, rental, sublease, or financing of housing because
of the use by the person with the disability of any auxiliary aid and/or
assistance animal shall constitute a refusal or denial because of disability
and constitute a violation.
(B) 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
disability or to make inquiry as to the nature or severity of a disability 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 disabilities:
(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 disabilities or to
persons with a particular type of disability;
(3) Inquiry to determine whether an applicant
for a dwelling is qualified for a priority available to persons with
disabilities or to persons with a particular type of disability;
(4) Inquiring whether an applicant for a
dwelling is a current illegal abuser or addict of a controlled substance;
and
(5) Inquiring whether an
applicant has been convicted of the illegal manufacture or distribution of a
controlled substance;
(C)
Nothing in this Rule 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.
Notes
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