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).