Fair housing information for persons with disabilities
- In General
Federal fair housing laws were amended in 1988 to add protection for persons with disabilities. Congress passed another non-discrimination law called the American with Disabilities Act (ADA) in 1990. Both of these laws, as well as state civil rights laws, can apply to public and private housing providers.
In general, fair housing law covers "dwellings" (housing) and the ADA covers commercial enterprises. Fair housing laws apply to rental units, and the ADA to rental offices or services that may be provided in addition to basic housing. Any programs that are funded with federal or state money are likely to require increased access.
- Who is protected against discrimination based on disability?
Discrimination under these two laws is broadly defined to include any physical or mental condition that creates a substantial "major life impairment" such as difficulty seeing, walking, thinking, and so forth. It covers the actual home seeker, a family member, or a guest. It covers actual impairments, a history of disability, or a mistaken belief that a person is disabled. Remember, however, that the law only applies when the illegal act is committed because of the disability.
- Direct discrimination is forbidden
Outright discrimination because a person has a disability is illegal just as it is for other legally protected classes. An example of outright, or overt discrimination would be refusal to rent a house to a person because that person has a chronic illness. Regulations do not allow the housing provider to make inquiries about the details of a disability except in very narrow circumstances, such as when the presence of a disability is a qualification for a housing program.
- "Access" requirement
under Fair Housing
The idea of fair housing is to equalize housing opportunity. Only in the case of disability does the law require the provider to take affirmative steps to increase access. These three fair housing requirements do not apply in the case of other protected classes. The three requirements are:
- Accessible common areas and "readily adaptable" ground floor dwelling units in most newly constructed multi-family apartment buildings. The act also requires accessible exterior routes into the building and ground floor units.
- Structural modification to increase accessibility. Housing providers must allow the tenant to make reasonable structural changes at the tenant's expense so the tenant has full use of the dwelling unit. Public funding may obligate the landlord to pay.
- Reasonable accommodations in rules, policies, procedures, and practices. This legal obligation applies most often in the rental arena. The housing provider must make reasonable adjustments in rules when necessary both because of a disability and to acquire or maintain the tenancy.
For More Information . . . Technical assistance on the ADA is available by calling 1-800-949-4232.