Section R10-2-107. General Prohibitions Against Discrimination Because of Handicap

It is unlawful under A.R.S. § 41-1491.19 to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in a dwelling after it is 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. Neither the Act nor this Article prohibits 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 bona fide 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 handi- caps or to persons with a particular type of handicap;

4.        Inquiring whether an applicant for a dwelling is a current illegal drug 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 sub- stance.

Historical Note

Adopted effective December 2, 1994 (Supp. 94-4).