It is illegal for housing providers to discriminate against you based on your mental, physical, or intellectual disability. Actions such as denying you housing or a mortgage, denying a reasonable accommodation or modification request, or not providing accessible units for multi-family homes built after 1991 are considered discriminatory when based upon an individual’s disability.
The Fair Housing Act requires multi-family housing built for first occupancy after March 13, 1991 to have certain accessibility features. Some housing may be subject to the accessibility requirements of other laws, such as the Americans with Disabilities Act (ADA) and local building codes. If you have questions about accessibility, please email us at fairhousing@clsmf.org
- Refuse to rent or sell housing;
- Refuse to negotiate housing;
- Make housing unavailable or deny that housing is available;
- Set different terms, conditions or privileges for the sale or rental of housing, a mortgage, home loan, home insurance or any other housing transaction;
- Advertise in a discriminatory manner;
- Threaten, coerce, or intimidate anyone exercising a fair housing right or assisting others in exercising those rights; and
- Refuse to make reasonable accommodations or modifications.
- Example:
A woman with a visual impairment has a trained guide dog. She is applying to an apartment building with a no-pets policy. The building manager must allow her to keep the guide dog as a reasonable accommodation. - Example:
A man with a heart problem can only walk short distances. Although the apartment building has parking on a first come, first served basis, the man is allowed to have a reserved space closest to his unit. - Example:
A tenant that uses a wheelchair requires a ramp to access the entrance of the dwelling. The property management must allow the tenant to make the modifications, at the tenant’s expense. - Example:
An elderly man living in an apartment building has a physical impairment due to aging and requests that grab bars be installed in his bathroom in order to stabilize himself. His landlord must allow the installation, again at the tenant’s expense.
A disability is defined in the Fair Housing Act as a physical or mental impairment that substantially limits one or more of a person’s “major life activities.” Major life activities can include caring for one’s self, walking, seeing, hearing, speaking, breathing, learning, and working.
If you require the use of a walker, a wheelchair, a service animal, or a personal-care attendant, you are protected under the law against housing discrimination.
Disabilities may also include mental or emotional illness, difficulties associated with aging, HIV/AIDS, recovering alcoholism or drug addiction. The Fair Housing Act does not protect those who use drugs illegally, only people who have successfully completed a treatment program are covered under the law (as described by the Housing Equality Center).
It is against the law to do any of the following based on disability:
A reasonable accommodation is a request to your housing provider in order to change rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy their home or common space. A person with a disability must notify the housing provider if they need a reasonable accommodation, and the housing provider must grant the request if it is reasonable. There must be a connection between the disability and the need for the accommodation. Lastly, the landlord is responsible for the cost of the accommodation.
A reasonable modification is a request to physically modify your housing space or a common area space that all tenants share. The person making the request generally must pay the cost of the modifications unless the housing is federally subsidized.