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StatuteDisability Discrimination Act 1992

Section 25 — Disability Discrimination Act 1992: Accommodation

Text of the provision Official document

(1) It is unlawful for a person, whether as principal or agent, to discriminate against another person on the ground of the other person’s disability: (a) by refusing the other person’s application for accommodation; or (b) in the terms or conditions on which the accommodation is offered to the other person; or (c) by deferring the other person’s application for accommodation or according to the other 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 another person on the ground of the other person’s disability: (a) by denying the other person access, or limiting the other person’s access, to any benefit associated with accommodation occupied by the other person; or (b) by evicting the other person from accommodation occupied by the other person; or (c) by subjecting the other person to any other detriment in relation to accommodation occupied by the other person; or (d) by refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if: (i) that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and (ii) in all the circumstances it is likely that the person will perform the undertaking; and (iii) in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and (iv) the alteration does not involve alteration of the premises of any other occupier; and (v) the alteration is at that other person’s own expense. (3) This section does not apply to or in respect of: (a) the provision of accommodation in premises if: (i) 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 (ii) the accommodation provided in those premises is for no more than 3 persons other than a person referred to in subparagraph (a)(i) or near relatives of such a person; or (b) the provision of accommodation if: (i) the accommodation is provided by a registered charity, or by a voluntary body that is not a charity; and (ia) the accommodation is provided solely for persons who have a particular disability; and (ii) the person discriminated against does not have that particular disability.

Official source: Federal Register of Legislation

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