Living with a disability can be easier with the right choice of housing. Minor disabilities may only require such things as ground floor accommodation or an elevator and proximity to basic services and transportation. More extensive impairments may call for specific modifications to provide accessibility.
The Federal Fair Housing Act and Fair Housing Amendments Act prohibit discrimination against people with physical or mental disabilities and ensure the rights of disabled tenants in requesting reasonable modification of their dwellings. Under these provisions, a landlord may not reject a prospective tenant with disabilities (including, but not limited to, hearing, mobility and visual impairments, alcoholism being treated through a recovery program, mental illness, HIV, AIDS and AIDS-Related Complex, and mental retardation). Landlords are also prohibited from asking questions about a tenant's disability or requesting medical records. Evaluation of a tenant may be based on financial stability, history as a tenant, and any criteria that landlord applies to all tenants (such as minimum rent-to-income ratio).
The right of disabled tenants to live in accessible housing requires that landlords make reasonable accommodations and adjustments to rules, procedures, and services in order to provide equal opportunity of use to these tenants. This may include providing convenient parking for physically disabled tenants (if landlord provides parking on the property). Landlords must also allow disabled tenants to make any reasonable modifications they choose (at their own expense) to make the space safe and comfortable. Examples of such modifications are: lowering countertops, installing special faucet or door handles, modifying kitchen appliances, and installing ramps. If these modifications will make the unit unacceptable to subsequent tenants, disabled tenants may have to agree to restore the property to its previous state before moving.
In the case of disabilities that are not obvious, a landlord may request proof that accommodations or modifications are required. A letter from a physician or therapist is generally sufficient. In all cases, the provision of "reasonable" modifications does not include any changes that would seriously impair the landlord's ability to run their business. Any questions about the definition of "reasonable" as well as reports of discrimination should be directed to the local office of Housing and Urban Development (HUD).
ã Copyright 2001 Community Housing Resource Center
Designed by the Community Housing Resource Center (CHRC). The mission of the CHRC is to support community groups and organizations dedicated to affordable housing and community revitalization.
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8/24/01.