Federal, state, and local laws prohibit housing providers (such as landlords) from discriminating against renters and applicants with disabilities.
The federal Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) provides legal protection for people with disabilities, no matter where they’re located in the United States.
State and local laws often include additional antidiscrimination protection pertaining to housing and people with disabilities. These laws apply only to the area where the rental property is located. The state and local laws often follow federal law but might offer additional protections.
These fair housing laws prohibit housing providers—such as landlords, lenders, and property managers—from discriminating against people who possess certain characteristics. In other words, these laws ensure that individuals are not treated differently because of they are included in a protected class.
The FHA prohibits discrimination on the grounds of:
- race
- color
- religion
- national origin
- sex (including gender identity and sexual orientation)
- disability, and
- familial status.
Some state and local laws ban additional forms of discrimination, such as discrimination due to someone’s marital status, source of income, and veteran status.
To be considered a person with a disability who is protected by fair housing laws, the individual must meet certain criteria (the criteria listed in the FHA will apply in all states; some states might expand the definition).
What Is a Disability Under the FHA?
To qualify as a member of a protected class due to disability under the FHA, the individual must:
- have a physical or mental disability that substantially limits one or more major life activities (for example, mobility, visual, and hearing impairments; mental illness; chronic alcoholism (if being treated through a recovery program); severe intellectual disability; and HIV, AIDS, and AIDS-Related Complex)
- have a history of such a disability, or
- be regarded by others as though they have a disability.
How Does the FHA Protect People with Disabilities?
The FHA protects renters with disabilities, both during the rental application process and throughout the rental period, by requiring landlords to do and not do certain things. As you read through the following list of things landlords should and shouldn’t do, it’s important to note that although the FHA applies to most types of properties, certain rental properties are exempt from its requirements. To be in compliance with federal law, the landlord must keep the following requirements in mind:
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Do Not Ask Discriminatory Questions
Landlords are not legally allowed to ask about a tenant’s or applicant’s disability, ask to see medical records, or inquire about aids the individual might use. This goes for both written communication as well as verbal conversations.
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Do Not Discriminate Based on Mental or Emotional Impairments
It’s not just physical ailments that make an individual disabled—mental and emotional impairments qualify as disabilities under the FHA, too. Landlords can’t refuse to rent to prospective tenants due to any mental or emotional disabilities they face. An exception to this rule would be if the prospective tenant poses a direct threat to others (for example, when the person has a history of aggressive behavior, such as assaulting a prior landlord or other tenants).
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Do Make Reasonable Accommodations for Renters with Disabilities
Under federal law, tenants with disabilities have the right to enjoy their rental and any associated common spaces just like any other tenant. To enable this equal access and enjoyment, landlords must provide reasonable accommodations for renters with disabilities when necessary. An example of a reasonable accommodation would be providing a parking space in the parking lot closest to the disabled renter’s dwelling if the landlord offers parking and can do so reasonably. Allowing a service animal despite having a no-pets policy is another common accommodation landlords must make. Most of the time, reasonable accommodations are made at the landlord’s expense. Landlords do not have to make unreasonable accommodations and are allowed to ask for proof of the necessity for all accommodations requested by the renter with disabilities.
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Do Allow Renters with Disabilities to Make Modifications to Their Dwelling and Common Areas
Landlords must allow renters with disabilities to make reasonable modifications to their dwelling and common areas. These modifications are at the tenant’s expense and must be allowed if needed for the person to live safely and comfortably within the unit. If the modifications would make the rental unit unacceptable to future tenants, the landlord can require the tenant to return the unit to its previous state at the end of the tenancy. Some examples of modifications include lowering countertops to be wheelchair accessible, installing special faucets, and installing a ramp in the unit for wheelchair access to accommodate multiple room levels.
Navigating disability and fair housing laws can be difficult for both renters and landlords, and even people with the best intentions can run afoul of the law—especially when it comes to addressing disability matters. Landlords should consider consulting with a local landlord-tenant attorney to create a set of fair housing practices that complies with both federal, state, and local laws. Battling a fair housing complaint or lawsuit can be a very expensive endeavor for landlords, so taking proactive measures now can save a lot of money—and hassle—down the road.