<section number="57-21-5"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">315</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Discriminatory practices enumerated -- Protected individuals, classes enumerated.</catchline><subsection number="57-21-5(1)">It is a discriminatory housing practice to do any of the following because of an individual's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity:<subsection number="57-21-5(1)(a)"><subsection number="57-21-5(1)(a)(i)">refuse to sell or rent after the making of a bona fide offer;</subsection><subsection number="57-21-5(1)(a)(ii)">refuse to negotiate for the sale or rental; or</subsection><subsection number="57-21-5(1)(a)(iii)">otherwise deny or make unavailable a dwelling from any person;</subsection></subsection><subsection number="57-21-5(1)(b)">discriminate against an individual in the terms, conditions, or privileges:<subsection number="57-21-5(1)(b)(i)">of the sale or rental of a dwelling; or</subsection><subsection number="57-21-5(1)(b)(ii)">in providing facilities or services in connection with the dwelling; or</subsection></subsection><subsection number="57-21-5(1)(c)">represent to an individual that a dwelling is not available for inspection, sale, or rental when the dwelling is available.</subsection></subsection><subsection number="57-21-5(2)">It is a discriminatory housing practice to make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity, or expresses an intent to make such a preference, limitation, or discrimination.</subsection><subsection number="57-21-5(3)">It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy, sell, or rent a dwelling by making a representation about the entry or prospective entry into the neighborhood of individuals of a particular race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.</subsection><subsection number="57-21-5(4)">A discriminatory housing practice includes:<subsection number="57-21-5(4)(a)">a refusal to permit, at the expense of the individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications are necessary to afford that individual full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises, when reasonable, to the condition that existed before the modification, reasonable wear and tear excepted; and</subsection><subsection number="57-21-5(4)(b)">a refusal to make a reasonable accommodation in a rule, policy, practice, or service when the accommodation may be necessary to afford the individual equal opportunity to use and enjoy a dwelling.</subsection></subsection><subsection number="57-21-5(5)">For the design and construction of a covered multifamily dwelling for first occupancy after March 13, 1991, a discriminatory housing practice includes the failure to design and construct the covered multifamily dwelling in a manner that has at least one building entrance on an accessible route, unless it is impracticable to have one because of the terrain or unusual characteristics of the site, and for a covered multifamily dwelling with a building entrance on an accessible route:<subsection number="57-21-5(5)(a)">the public use and common use portions of the covered multifamily dwelling are readily accessible to and usable by an individual with a disability;</subsection><subsection number="57-21-5(5)(b)">all the doors designed to allow passage into and within the covered multifamily dwellings are sufficiently wide to allow passage by an individual with a disability who is in a wheelchair; and</subsection><subsection number="57-21-5(5)(c)">all premises within the covered multifamily dwellings contain the following features of adaptive design:<subsection number="57-21-5(5)(c)(i)">an accessible route into and through the covered multifamily dwelling;</subsection><subsection number="57-21-5(5)(c)(ii)">light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;</subsection><subsection number="57-21-5(5)(c)(iii)">reinforcements in the bathroom walls to allow later installation of grab bars; and</subsection><subsection number="57-21-5(5)(c)(iv)">kitchens and bathrooms such that an individual in a wheelchair can maneuver about and use the space.</subsection></subsection></subsection><subsection number="57-21-5(6)"><subsection number="57-21-5(6)(a)">This section also applies to discriminatory housing practices because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity based upon an individual's association with another individual.</subsection><subsection number="57-21-5(6)(b)"><subsection number="57-21-5(6)(b)(i)">It is not unlawful discrimination under this chapter for a landlord, lessor, or property manager to:<subsection number="57-21-5(6)(b)(i)(A)">designate housing as single-sex housing; and</subsection><subsection number="57-21-5(6)(b)(i)(B)">limit occupancy of single-sex housing to individuals whose biological sex at birth matches the designated sex for the single-sex housing.</subsection></subsection><subsection number="57-21-5(6)(b)(ii)">Subsection (6)(b)(i) applies to:<subsection number="57-21-5(6)(b)(ii)(A)">a dormitory, a boarding house, a shared rental property, or other group-living accommodation; and</subsection><subsection number="57-21-5(6)(b)(ii)(B)">a private landlord and a property owner.</subsection></subsection><subsection number="57-21-5(6)(b)(iii)">This exemption does not apply to:<subsection number="57-21-5(6)(b)(iii)(A)">housing that the state or a political subdivision owns or operates unless otherwise expressly provided by law; or</subsection><subsection number="57-21-5(6)(b)(iii)(B)">housing where the designation as single-sex housing would violate federal law or a condition of federal funding.</subsection></subsection></subsection></subsection></section>