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"Fair Housing and Disability Rights: The Complete Guide"

Fair Housing and Disability Rights

Federal and state fair housing laws make it illegal to discriminate against people with disabilities in housing. This includes renting, buying, getting a mortgage, and accessing housing programs. But fair housing law goes further than just prohibiting discrimination -- it also requires housing providers to make reasonable accommodations and allow reasonable modifications so people with disabilities can use and enjoy their homes.

If you have a disability and you're dealing with housing, these are your rights.

What the Law Protects

The Fair Housing Act (federal) prohibits discrimination based on disability in virtually all types of housing. This covers:

Under fair housing law, disability is broadly defined. It includes any physical or mental impairment that substantially limits one or more major life activities. This covers mobility disabilities, sensory disabilities, chronic illness, mental health conditions, intellectual and developmental disabilities, brain injuries, and many other conditions. You don't need to be receiving disability benefits to be protected.

People who have a history of disability or are perceived as having a disability are also protected.

Reasonable Accommodations

A reasonable accommodation is a change in rules, policies, practices, or services that allows a person with a disability equal opportunity to use and enjoy their housing.

Common examples:

How to request an accommodation

When the landlord can ask for documentation

If your disability or disability-related need for the accommodation is not obvious or already known, the housing provider can ask for limited information:

The documentation can come from any reliable source -- a doctor, therapist, social worker, peer support counselor, or even a relative in a caregiving relationship. The housing provider cannot require that it come from a doctor specifically.

If your disability is apparent (you use a wheelchair, for example), the housing provider generally cannot request additional documentation.

When a housing provider can deny an accommodation

A housing provider can deny an accommodation only if:

Even if the specific accommodation requested doesn't work, the housing provider must engage in an interactive process to find an alternative that meets your needs.

Reasonable Modifications

A reasonable modification is a physical change to the housing unit or common areas to allow a person with a disability equal access.

Common examples:

Who pays for modifications

Rentals (private, not subsidized): Generally, the tenant pays for the modification. The landlord must allow it, but doesn't have to fund it. The landlord may require the tenant to restore the interior of the unit to its original condition when they move out (but cannot require restoration of common area modifications). Government-subsidized housing (Section 8, public housing): The housing provider generally must pay for the modification. Condominiums and HOAs: Rules vary, but the HOA must allow the modification even if it would normally require approval. The HOA generally cannot charge the resident for modifications to common areas.

The housing provider must engage in an interactive process

If a landlord can't approve a specific modification request, they must still discuss alternatives with the tenant. Simply saying "no" without trying to find a workable solution violates fair housing law.

Assistance Animals

Assistance animals are one of the most common -- and most misunderstood -- areas of fair housing law.

What is an assistance animal?

An assistance animal is any animal that works, provides assistance, performs tasks, or provides emotional support for a person with a disability. This includes:

Assistance animals are not pets under fair housing law. Different rules apply.

Your rights

Documentation

If your disability or your need for the animal is not obvious, the housing provider can request:

This information can come from any reliable source -- not just a doctor. A therapist, social worker, or other provider familiar with your condition can provide it.

The housing provider cannot:

When a housing provider can deny an assistance animal

Only in limited circumstances:

A blanket breed ban is not sufficient reason to deny an assistance animal. The assessment must be about the specific animal, not the breed.

Filing a Fair Housing Complaint

If you believe your housing rights have been violated, you have several options.

File with HUD (Federal)

The Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity (FHEO) investigates housing discrimination complaints.

How to file: What to include: Timeline: File as soon as possible. The statute of limitations is one year from the last discriminatory act for HUD complaints, and two years for federal court lawsuits.

File with your state or local fair housing agency

Many states and localities have their own fair housing agencies with equivalent protections. Some have additional protected classes or stronger remedies. Your state agency may investigate more quickly than HUD.

Contact a fair housing organization

Nonprofit fair housing organizations can help you understand your rights, document your case, and file a complaint. Many provide free legal assistance.

Hire an attorney

You can also file a private lawsuit in federal or state court. The Fair Housing Act allows recovery of actual damages, punitive damages, and attorney's fees.

Retaliation Is Illegal

It is illegal for a housing provider to retaliate against you for:

Retaliation can include threats, eviction, increasing rent, reducing services, or any other negative action taken because you asserted your rights. If you experience retaliation, that's a separate fair housing violation you can report.

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