216.8A - ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICES -- HOUSING.
216.8A ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICES
-- HOUSING.
1. A person shall not induce or attempt to induce another person
to sell or rent a dwelling by representations regarding the entry or
prospective entry into a neighborhood of a person of a particular
race, color, creed, sex, sexual orientation, gender identity,
religion, national origin, disability, or familial status.
2. A person shall not represent to a person of a particular race,
color, creed, sex, sexual orientation, gender identity, religion,
national origin, disability, or familial status that a dwelling is
not available for inspection, sale, or rental when the dwelling is
available for inspection, sale, or rental.
3. a. 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:
(1) That buyer or renter.
(2) A person residing in or intending to reside in that dwelling
after it is sold, rented, or made available.
(3) A person associated with that buyer or renter.
b. 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:
(1) That person.
(2) A person residing in or intending to reside in that dwelling
after it is sold, rented, or made available.
(3) A person associated with that person.
c. For the purposes of this subsection only, discrimination
includes any of the following circumstances:
(1) A refusal to permit, at the expense of the person with a
disability, 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. However, it is not
discrimination for a landlord, in the case of a rental and where
reasonable to do so, to 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.
(2) 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.
(3) In connection with the design and construction of covered
multifamily dwellings for first occupancy after January 1, 1992, a
failure to design and construct those dwellings in a manner that
meets the following requirements:
(a) The public use and common use portions of the dwellings are
readily accessible to and usable by persons with disabilities.
(b) All doors designed to allow passage into and within all
premises within the dwellings are sufficiently wide to allow passage
by persons with disabilities in wheelchairs.
(c) All premises within the dwellings contain the following
features of adaptive design:
(i) An accessible route into and through the dwelling.
(ii) Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations.
(iii) Reinforcements in bathroom walls to allow later
installation of grab bars.
(iv) Usable kitchens and bathrooms so that a person in a
wheelchair can maneuver about the space.
d. Compliance with the appropriate requirements of the
American national standard for buildings and facilities providing
accessibility and usability for persons with disabilities, commonly
cited as "ANSI A 117.1", satisfies the requirements of paragraph
"c", subparagraph (3), subparagraph division (c).
e. Nothing in this subsection 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.
4. a. A person whose business includes engaging in
residential real estate related transactions shall not discriminate
against a person in making a residential real estate related
transaction available or in terms or conditions of a residential real
estate related transaction because of race, color, creed, sex, sexual
orientation, gender identity, religion, national origin, disability,
or familial status.
b. For the purpose of this subsection, "residential real
estate related transaction" means any of the following:
(1) To make or purchase loans or provide other financial
assistance to purchase, construct, improve, repair, or maintain a
dwelling, or to secure residential real estate.
(2) To sell, broker, or appraise residential real estate.
5. A person shall not deny another person access to, or
membership or participation in, a multiple-listing service, real
estate brokers' organization or other service, organization, or
facility relating to the business of selling or renting dwellings, or
discriminate against a person in terms or conditions of access,
membership, or participation in such organization because of race,
color, creed, sex, sexual orientation, gender identity, religion,
national origin, disability, or familial status. Section History: Recent Form
91 Acts, ch 184, §3
CS91, § 601A.8A
C93, § 216.8A
96 Acts, ch 1129, § 28, 113; 2007 Acts, ch 191, §8--10; 2009 Acts,
ch 41, §263; 2009 Acts, ch 133, §82
Referred to in § 216.2, 216.11A, 216.12, 216.12A, 216.15A, 216.16A