Understanding Your Fair Housing Rights As a Person With a Disability
The Fair Housing Act, jointly enforced by the Department of Justice (DOJ) and the Department of Housing and Urban Development (HUD), is a crucial piece of legislation that aims to protect individuals from discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. Specifically, it addresses disability discrimination and the refusal to make reasonable accommodations when necessary for individuals with disabilities to equally enjoy housing opportunities.
Types of Discrimination Prohibited by the Act: The Act prohibits housing providers from discriminating against applicants or residents because of their disabilities or the disabilities of anyone associated with them. It also prohibits treating persons with disabilities less favorably. Moreover, housing providers are required to make reasonable accommodations in rules, policies, practices, or services, when such accommodations are necessary to provide equal opportunities to persons with disabilities.
Who Must Comply with the Act's Requirements: Anyone involved in housing provision, including individuals, corporations, associations, property owners, housing managers, homeowners associations, lenders, real estate agents, and governments, must adhere to the reasonable accommodation requirements of the Fair Housing Act. However, certain exceptions apply, such as private individual owners selling their own homes under specific conditions.
Definition of "Person with a Disability" under the Act: A person with a disability includes individuals with physical or mental impairments that substantially limit one or more major life activities, those regarded as having such an impairment, and those with a record of such an impairment. The Act covers various physical and mental conditions.
Exclusions under the Act: Juvenile offenders and sex offenders are not protected by the Act based solely on that status. The Act does not protect individuals currently using controlled substances illegally. Moreover, the Act does not safeguard individuals with disabilities who pose a direct threat to the health, safety, or property of others, unless reasonable accommodations can reduce or eliminate the threat.
Determining Direct Threat: Exclusion based on fear, speculation, or stereotypes about disabilities is not allowed. A determination of direct threat must rely on an individualized assessment based on objective evidence of recent conduct or history of overt acts. Providers must consider the nature, duration, and severity of the risk and the probability of injury. Reasonable accommodations to eliminate the threat may be considered.
Understanding "Reasonable Accommodations": Reasonable accommodations are changes, exceptions, or adjustments to rules, policies, practices, or services that allow individuals with disabilities an equal opportunity to use and enjoy a dwelling. To qualify as necessary, there must be a clear relationship between the requested accommodation and the individual's disability.
By understanding your rights under the Fair Housing Act, you can contribute to creating a fair and inclusive housing environment for all.
