§ 40-26-107 — Disability

(a) A person may not discriminate in the sale or rental
of, or make unavailable or deny, a dwelling to any buyer or
renter because of a disability of:
(i) The buyer or renter;
(ii) An individual residing in or intending to reside
in that dwelling after it is sold, rented, or made available; or
(iii) Any individual associated with the buyer or
renter.
(b) A person may not 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 the dwelling because of a disability of:
(i) That individual;
(ii) An individual residing in or intending to reside
in that dwelling after it is sold, rented, or made available; or
(iii) Any individual associated with that individual.
(c) In this section, discrimination includes:
(i) A refusal to permit, at the expense of the
individual having a disability, a reasonable modification of
existing premises occupied or to be occupied by the individual
if the modification may be necessary to afford the individual
full enjoyment of the premises, except that, in the case of a
rental, the landlord may condition, when it is reasonable to do
so, 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;
(ii) A refusal to make a reasonable accommodation in
rules, policies, practices or services if the accommodation may
be necessary to afford the individual equal opportunity to use
and enjoy a dwelling; or
(iii) The failure to design and construct a covered
multifamily dwelling in a manner that allows the public use and
common use portions of the dwellings to be readily accessible to
and usable by individuals having a disability, that allows all
doors designed to allow passage into and within all premises
within the dwellings to be sufficiently wide to allow passage by
an individual who has a disability and who is in a wheelchair,
and that provides all premises within the dwellings contain the
following features of adaptive design:
(A) An accessible route into and throughout 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; and
(D) Kitchens and bathrooms that are usable and
have sufficient space in which an individual in a wheelchair can
maneuver.
(d) Compliance with the appropriate requirements of the
American national standard for buildings and facilities
providing accessibility and usability for individuals having
physical disabilities, as that standard exists on July 1, 2015,
satisfies the requirements of adaptive design in paragraph
(c)(iii) of this section.
(e) The adaptive design requirements of subparagraph
(c)(iii)(A) of this section do not apply to a building the first
occupancy of which occurred on or before March 13, 1991.
(f) This section does not require a dwelling to be made
available to an individual whose tenancy would constitute a
direct threat to the health or safety of other individuals whose
tenancy would result in substantial physical damage to the
property of others.
(g) Covered multifamily dwellings are buildings consisting
of four (4) or more units if the buildings have one (1) or more
elevators and ground floor units in other buildings consisting
of four (4) or more units.