Or. Admin. R. 839-005-0220 - Discrimination in Real Property Transactions Against Individuals Based on Disabilities
(1)
Individuals protected from discrimination on the basis of disability in real
property transactions include any individual with a disability associated with
a purchaser.
(2) In addition to the
prohibitions in OAR 839-005-0205, discrimination in
real property transactions based on an individual's disability includes, but is
not limited to:
(a) Failure to design and
construct a covered multifamily dwelling as required by the Fair Housing Act
(42 U.S.C.
3601 et seq.);
(b) Refusing to permit, at the expense of an
individual with a disability, reasonable modifications of existing premises
occupied or to be occupied by that individual if such modifications may be
necessary to afford that individual full enjoyment of the premises, except
that, in the case of rental, the landlord may, where it is reasonable to do so,
condition permission for 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) In the
case of a rental, a disabled renter is only required to restore the interior
premises to the condition that existed before the modification when the
landlord required restoration as a condition to granting the disabled renter's
reasonable modification request.
(c) Refusing to make reasonable
accommodations in rules, policies, practices or services when such
accommodations may be necessary to afford an individual with a disability equal
opportunity to use and enjoy a dwelling;
(A)
A housing provider may not require verification of the disability-related need
for a requested accommodation if that need is readily apparent or otherwise
known;
(B) If a disability or a
disability-related need for a requested accommodation is not readily apparent
or otherwise known, the provider may request only information that is necessary
to evaluate the disability-related need for the accommodation;
(C) It is a violation of this section for a
housing provider to refuse to permit a disabled person to live in a covered
dwelling with an animal that mitigates one or more of the person's
disability-related needs, except when a specific animal poses a direct threat
to the health or safety of other individuals and the threat cannot be
eliminated or significantly reduced; and
(D) A housing provider may not charge a
resident or applicant deposits or other fees for keeping an animal covered
under this section.
(3) Direct Threat. A lessor or agent may
engage in conduct otherwise prohibited by ORS
659A.145 when:
(a) Leasing or rental of the subject property
by an individual with a disability would constitute a direct threat to the
health or safety of other individuals or would result in substantial physical
damage to the property of others; and
(b) No reasonable accommodation is possible
that would eliminate or acceptably minimize the risk to health and safety.
(4) A determination
that a direct threat exists must rely on an individualized assessment that is
based on reliable objective evidence (e.g., current conduct, or a recent
history of overt acts posing a risk to health and safety). The assessment must
consider:
(a) The nature, duration and
severity of the risk of injury;
(b) The probability that injury will actually
occur; and
(c) Whether there are
any reasonable accommodations that will eliminate the direct threat.
(5) A lessor or agent must allow
alterations of existing premises if the premises are occupied by or to be
occupied by an individual with a disability, and the individual with a
disability pays for the alterations, as provided in section 2 of this rule.
(6) Receipt or alleged receipt of
treatment for a mental disorder does not constitute evidence of an individual's
inability to acquire, rent or maintain property.
(7) In the sale, lease or rental of real
estate, a person may not disclose to any person that an occupant or owner of
real property has or died from human immunodeficiency virus or acquired immune
deficiency syndrome.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.103 - 659A.142; 659A.145& 659A.421
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