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Fair Housing & Disabilities
| Posted on April 4, 2012 at 5:35 PM |
The Fair
Housing Act is a federal law that prohibits all housing providers from
discriminating against persons with a disability. The Fair Housing Act covers most housing – single
family houses, apartment complexes, mobile home parts, condominiums, retirement
communities, cooperatives, time shares, senior housing, boarding houses,
residential hotels, group homes, and assisted living facilities. In
some circumstances, the Act exempts owner-occupied buildings with no more than
four units, single-family housing sold or rented without the use of a broker,
and housing operated by organizations and private clubs that limit occupancy to
members. According to
this Act, a disability is defined as “a physical or mental impairment which
substantially limits one or more major life activities.” Examples of impairments include mobility and cognitive
impairments, vision, hearing, AIDS or HIV infection, mental illness, learning
disabilities, head injury, asthma, chronic fatigue, or history of alcoholism or
drug addiction. Disability does not
include current use of or addiction to illegal drugs. The Fair
Housing Act protects all housing applicants, buyers, and tenants with
disabilities as well as anyone associated with them, such as family members. It requires housing providers to make reasonable accommodations and allow reasonable modifications so that people
with disabilities can use and enjoy housing on an equal basis. A housing provider does have the right to request proof of the disability (a doctor’s note should suffice) and how the requested accommodation or modification would increase that individual's safety and comfort. Reasonable accommodations
are those changes to policies, rules, or practices that persons with
disabilities may need in order to have an equal opportunity to use and enjoy
their home. For example, waiving a no
pet rule for a guide dog, or creating a reserved parking space near the
building entrance for someone who is mobility impaired. A reasonable modification is any physical change to a rental unit, condo, co-op, or common space that is needed for an individual’s full enjoyment of his/her home. Generally
speaking, a modification is considered reasonable when it is practical and
realistic and linked to a particular disability. Here are
some examples of reasonable modifications: Installing grab bars in the bathroom Widening doorways Installing a ramp at
the building’s entrance or front door Installing lever doorknobs and
faucets Converting a tub to a curb-less
shower Lowering shelves or kitchen
counter tops It is each person’s responsibility to
pay and arrange for whatever modifications they are requesting. A housing provider can require a deposit to be
used to restore the unit back to its original condition when it’s time to be
rented or sold. They can also require architectural
drawings showing that the work complies with all state and local building codes. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download,
complete and return, or complete online and submit, or you may write HUD a
letter, or telephone the HUD Office nearest you. You have one year after an
alleged violation to file a complaint with HUD, but you should file as soon
as possible. What to Tell HUD:
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