OAR 839-005-0220
Housing Discrimination: 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 (Housing Discrimination: Prohibited Discrimination in Real Property Transactions), 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 (Discrimination against individual with disability in real property transactions prohibited) 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.

Source: Rule 839-005-0220 — Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0220.

839–005–0000
Purpose and Scope of these Rules 839–005–0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839–005–0005
Unlawful Discrimination Defined 839–005–0010
Discrimination Theories: Employment 839–005–0011
Constructive Discharge from Employment 839–005–0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839–005–0014
Successors in Interest for Employment Discrimination 839–005–0021
Employment Discrimination Based on Sex or Sexual Orientation 839–005–0026
Employment Protections and Rights Relating to Pregnancy 839–005–0030
Sexual Harassment in Employment 839–005–0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839–005–0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839–005–0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839–005–0065
Employer Obtainment or Use of Credit History Information: Definitions 839–005–0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839–005–0075
Employer Obtainment or Use of Credit History Information: Exceptions 839–005–0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839–005–0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839–005–0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839–005–0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839–005–0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839–005–0138
Discrimination Based on Protected Activity: Child Support Obligations 839–005–0140
Accommodation of Employee Religious Practices 839–005–0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839–005–0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839–005–0195
Housing Discrimination: Purpose and Scope 839–005–0200
Housing Discrimination: Definitions 839–005–0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839–005–0206
Discrimination Theories: Housing 839–005–0210
Housing Discrimination: Exceptions 839–005–0215
Housing Discrimination: Religious Exemption 839–005–0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839–005–0300
Discrimination by Career Schools: Purpose and Scope 839–005–0305
Discrimination by Career Schools: Definitions 839–005–0310
Discrimination by Career Schools: Unlawful Discrimination 839–005–0315
Discrimination Theories: Career Schools 839–005–0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839–005–0325
Discrimination by Career Schools: Retaliation or Discrimination 839–005–0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0220’s source at or​.us