49NAccommodation

49N Accommodation

49N Accommodation

(1) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability—

(a) by refusing the person’s application for accommodation, or

(b) in the terms on which the person is offered accommodation, or

(c) by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation.

(2) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability—

(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or

(b) by evicting the person, or

(c) by subjecting the person to any other detriment.

(3) Nothing in this section applies to or in respect of the provision of accommodation in premises if—

(a) the person who provides or proposes to provide the accommodation or a near relative of that person resides, and intends to continue to reside, on those premises, and

(b) the accommodation provided in those premises is for no more than 6 persons.

(4) Nothing in this section applies to the provision of accommodation in premises where special services or facilities would be required by the person with a disability and the provision of such special services or facilities would impose unjustifiable hardship on the person providing or proposing to provide the accommodation whether as principal or agent.

(5) Nothing in this section applies to the provision of accommodation to persons who have a particular disability by a charitable body or other body that does not distribute its profits to members.

(6) Nothing in subsection (2) (a) renders it unlawful to discriminate against a person on the ground of disability where, because of the person’s disability, the person requires the benefit to be provided in a special manner and the benefit cannot without unjustifiable hardship be so provided by the person who provides the accommodation.

s 49N: Ins 1981 No 15, Sch 1 (3). Am 1981 No 15, Sch 2 (20); 1982 No 142, Sch 1 (3). Subst 1994 No 28, Sch 3 (2).