Who is Considered a Person with a Disability?
Federal and state fair housing laws prohibit housing discrimination based on disability. You are protected under the fair housing laws if you (or someone living with or associated with you):
- Have a physical or mental disability that substantially limits one or more major life activities, or
- Have a record of having such a disability, or
- Are regarded as having such a disability
Disabilities include, but are not limited to:
- Hearing, mobility, and visual impairments
- Cancer
- Chronic mental illness
- AIDS/HIV
- Developmental disabilities
- Alcoholism or past drug abuse
Accessibility Requirements
Certain multi-family buildings, built for first occupancy after March 13, 1991, must be handicapped accessible as defined by the Fair Housing Amendments Act, the Americans with Disabilities Act, and local building codes. For more information, please contact The Fair Housing Center.
What is Prohibited?
These actions are illegal if they are based on a person’s disability:
- Refusal to rent, sell, or negotiate for housing
- Set different terms, conditions, privileges, or provide different services, access to facilities, or membership in a facility or service related to sale or rental of housing
- Make housing unavailable or otherwise restrict choice
- Refuse to make or purchase a loan
- Refuse to provide information regarding mortgage loans or homeowners’ insurance
- Refuse to provide homeowners or renters insurance
- Set different terms or conditions on a loan, such as different interest rates or fees
- Discriminate in appraisal of property
- Falsely deny that housing is available
- Persuade owners to sell or rent (blockbusting)
- Advertise or make any statement that indicates a limitation or preference based on disability or other protected class
- No inquiries into existence or nature of disability are permitted. (Landlord can require proof of disability for reasonable accommodations and modifications.)
Additional Protections
Reasonable Accommodations:
A housing provider must make reasonable accommodations to rules, policies, practices, or services if necessary for a person with a disability to use and enjoy the home such as:
- Allowing a service animal, despite a “no pet” policy
- Giving a tenant with a disability a reserved parking space
- Allowing the tenant to have a live-in aid
- Allowing a tenant with a disability to move from one apartment to another, for example from the third floor to the first floor in a non-elevator building, without charging a fee
Reasonable Modifications:
A housing provider must let individuals with disabilities make reasonable modifications to their home or to common use areas, if necessary for them to fully use and enjoy the housing. Modifications generally must be made at the tenant’s expense and can be made at any time. The request must be reasonable, and the landlord can ask that the tenant return the interior of his or her unit to its original condition when it is vacated. Examples of reasonable modifications include:
- Widening doorways
- Installing grab bars in the bathroom
- Installing a ramp
- Lowering the height of cabinets
- Installing an automatic faucet shutoff
Download Fact Sheets:
Download the Brochure:
Fair Housing for People with Disabilities
Fair Housing for People with Disabilities – Spanish
Fair Housing for People with Disabilities – Arabic
Fair Housing for People with Disabilities – Simplified Chinese
Fair Housing for People with Disabilities – Taiwanese
Download the Booklet:
Below, download our 70-page, comprehensive booklet, Obtaining and Maintaining Housing: Fair Housing for People with Physical and Mental Health Disabilities, 3rd Edition. It contains more in-depth explanations of the above including what are reasonable accommodations and modifications and how to request them; how to write letters with samples you can use and a step-by-step guide to the official complaint process, and much more.