The federal Fair Housing Act (“FHA”) prohibits discrimination in housing based on a person’s race, color, religion, national origin, sex, familial status, and disability. What Is a Disability?
The Fair Housing Act prohibits discrimination against individuals who have disabilities or who are associated with people with disabilities. A disability is a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, learning, working, caring for oneself. People who are regarded as disabled or have a record of a disability are also protected. Examples of disabilities include:
A reasonable accommodation is a change in a rule, policy, practice, or service that allows a person with a disability to have an equal opportunity to use and enjoy a dwelling.
Under the FHA, an assistance animal (also called an “emotional support animal,” “ESA,” “support animal,” or “therapy animal”) is an animal that works, provides assistance, or performs tasks for a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. This is broader than “service animals” permitted in places of public accommodation under the Americans with Disabilities Act (ADA).
While landlords may have restrictions on pets in their properties – including prohibiting them completely – those rules may have to be modified if a person needs an assistance animal to accommodate their disability.
A reasonable modification is a physical change to a unit or common area that allows a person with a disability to fully use and enjoy the premises. In situations involving a private landlord, the person making the request generally must pay the cost of the modifications.
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 accessibility requirements of other laws, such as the Americans with Disabilities Act (ADA), and local building codes. In addition, people with disabilities may request reasonable accommodations and modifications. If you have questions about accessibility, contact the Fair Housing Project.
Inquiries into the nature or existence of someone’s disability are generally prohibited by the Fair Housing Act.
“Sorry, but after we spoke on the phone we rented the last unit.”
“You look fine to me. Why are you getting disability payments?”
“We don’t rent to people with AIDS.”
“You must obtain liability insurance because of your service animal.”
“We don’t allow tenants to install accessibility features because we have ‘ADA’ units.”
“Can you live independently?”
“I have to charge you a pet deposit for your assistance animal.”
What you should do if you believe you have experienced housing discrimination:
Need Assistance?
Contact the Fair Housing Project. The Fair Housing Project is available to provide information concerning a person’s rights under the federal Fair Housing Act. If you believe you are a victim of housing discrimination, contact us by clicking here or by phone at 1-855-797-3247.
