Know Your Housing Rights

In both private and public housing, federal and state laws protect the rights of people with disabilities. Those laws apply to a variety of housing providers including landlords, property managers, homeowners’ associations, and condo boards.

Discrimination is against the law.

It is unlawful for a housing provider to refuse to rent or sell to a person simply because they have a disability. A housing provider must use the same application standards, qualification criteria, rental or sales terms, and fees for people with disabilities as they do for people without disabilities.

A housing provider cannot ask questions that would require a person to disclose a disability. However, if a disability is not visible, they may ask for documentation confirming the disability in limited situations, such as when a person requests a reasonable accommodation.

Examples:

• A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because they are uncomfortable with the individual’s disability.
• A housing provider may not refuse to allow reasonable accommodations or refuse to make reasonable modifications to the premises.

You have a right to “reasonable accommodations”

A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy their home, including common spaces. A housing provider should do everything they can to assist, but they are not required to make changes that would fundamentally alter the program or cost more money than the housing provider can afford. Reasonable accommodations may be requested at all stages of the housing process including during application or tenancy, or to prevent eviction.

Examples:

• A reasonable accommodation for a tenant with a mobility impairment may be for the landlord to provide a reserved parking space in front of the entrance to the unit, even though all other parking provided by the landlord is unreserved.
• A fundamental alteration to a program would be asking that the landlord provide a service they don’t already provide like plowing or reserved parking when no parking spots are provided at all (reserved or otherwise).

You have the right to make ‘reasonable modifications’

Housing providers must allow a person with a disability to make reasonable modifications. A reasonable modification is a structural modification that is made to allow people with disabilities the full enjoyment of the housing and related facilities. Reasonable modifications are usually made at the expense of the person with a disability. There are resources available to help fund building modifications. Additionally, if you live in federally assisted housing the housing provider may be required to pay for the modification if it does not amount to an undue financial or administrative burden.

Examples:

• A reasonable modification for a tenant who has balance concerns or who is at risk of falling may be to install grab bars in areas like the bathroom.
• A reasonable modification for a tenant who has a respiratory condition triggered by heat may be to install an air conditioner.
• A reasonable modification for a tenant who uses a walker, wheelchair, or otherwise has difficulty navigating steps, may be installing a ramp.
• Demanding that a landlord install an elevator would likely be so expensive and complex that it would be considered an undue burden.

The Interactive Process

Once the tenant requests a housing accommodation or modification, they should work with their housing provider to engage in an interactive, cooperative process will the goal of allowing the tenant equal use and enjoyment of the housing.

Exceptions to state and federal law

Some housing is exempted from housing discrimination laws.

• Buildings with four or less units if the owner lives in one of the units.
• Single family housing that is sold or rented by the owner if the owner does not own more than one such single family home and if the owner does not go through a rental agent.
• Limited exemptions for religious organizations, private clubs, and nonprofit organizations