Section 45.5. General prohibitions; undue hardship

(a) A person may not limit or classify or segregate a person with a handicap or disability in any way that adversely affects the person with a handicap or disability’s opportunities to use, enjoy or benefit from housing accommodations or commercial property subject to the coverage of the act. This section does not prohibit a housing accommodation or commercial property provider from limiting the housing accommodation or commercial property to, or giving preference in the housing accommodation or commercial property to, persons with handicaps or disabilities.

(b) A person may not deny a person with a handicap or disability the opportunity to use, enjoy or benefit from housing accommodations or commercial property subject to the coverage of the act if the basis of the denial is the need for reasonable accommodations.

(1) A person may not refuse to make reasonable accommodations in rules, policies, practices and procedures when the accommodations may be necessary to afford a person with a handicap or disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

(2) A modification of premises is a type of accommodation.

(c) An undue hardship defense will not be a defense in instances when specific actions are required by the act or other applicable Federal, State or local laws or regulations.

(d) The factors to be considered in determining whether an undue hardship is imposed by the requirement that a reasonable accommodation be made for the handicap or disability of a person include the following:

(1) The extent, nature and cost of the accommodation required, including the overall size and nature of the housing accommodation or commercial property. Financial capability shall be a factor when raised as a part of an undue hardship defense.

(2) The extent to which a person with a handicap or disability can reasonably be expected to need and desire to use, enjoy or benefit from the housing accommodation or commercial property which is the subject of the proposed reasonable accommodation.

(3) The requirements of other laws or contracts, to the extent they are not preempted by the act.

(4) The extent to which the accommodation would pose a demonstrable threat of harm to the health and safety of others.

The provisions of this § 45.5 adopted December 17, 1993, effective December 18, 1993, 23 Pa.B. 5901.