Disability Discrimination in violation of The Fair Housing Act

The Fair Housing Act (FHA), part of the Civil Rights Act of 1968, is designed to prevent discrimination in housing-related activities based on race, color, national origin, religion, sex, familial status, and disability. Disability discrimination under the FHA encompasses a range of practices that can unfairly disadvantage individuals with disabilities in their housing situations. Below are key aspects of what constitutes disability discrimination under the FHA:

Key Provisions of the Fair Housing Act

Prohibited Practices:

• Refusal to Sell or Rent: Landlords or property owners cannot refuse to sell or rent to a person because of their disability.
• Differential Terms or Conditions: It is illegal to impose different terms or conditions on a sale or rental, such as higher rent or security deposits for persons with disabilities.
• Advertising: Advertisements cannot indicate a preference, limitation, or discrimination based on disability.
• Accessibility: New multifamily housing (built after March 13, 1991) must be designed and constructed to be accessible to persons with disabilities.

Reasonable Accommodations and Modifications:

• Reasonable Accommodations: Landlords must make reasonable adjustments to policies, practices, or services to afford a person with a disability an equal opportunity to use and enjoy a dwelling. Examples include allowing a service animal in a no-pet building or providing a reserved parking space near the entrance.
• Reasonable Modifications: Tenants with disabilities have the right to make reasonable modifications to their living spaces, at their own expense, to make them accessible. This can include installing grab bars in the bathroom or lowering kitchen cabinets. Landlords cannot unreasonably deny permission for these modifications but may require that the property be restored to its original condition when the tenant moves out.

Harassment and Retaliation:

• Harassment: Discriminatory harassment, which can include verbal or physical conduct that creates an intimidating, hostile, or offensive living environment, is prohibited.
• Retaliation: It is illegal to retaliate against someone for asserting their rights under the FHA. This includes filing a complaint, assisting in an investigation, or testifying in a legal proceeding related to fair housing rights.

Examples of Disability Discrimination

• Refusal to Rent: A landlord refuses to rent an apartment to a prospective tenant who uses a wheelchair, citing concerns about the wear and tear on the property.
• Exclusionary Policies: A housing provider maintains a policy that bans all pets, including service animals and emotional support animals, without making exceptions or providing reasonable accommodations.
• Inaccessible Design: A newly constructed apartment complex lacks required accessible features, such as wheelchair ramps or wider doorways, in violation of the design and construction standards of the FHA.
• Failure to Grant Reasonable Accommodation: A housing provider denies a tenant's request to install a visual smoke detector or to relocate to a ground-floor unit, without justifiable reasons.

Enforcement and Remedies

The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act. Individuals who believe they have been discriminated against can file a complaint with HUD, which will investigate the claims. If HUD finds merit in the complaint, it may attempt to reach a conciliation agreement between the parties or refer the case to the Department of Justice (DOJ) for litigation. Remedies for violations can include:

• Injunctive Relief: Court orders to prevent further discrimination or to require specific actions, such as making a property accessible.
• Monetary Damages: Compensation for victims of discrimination for out-of-pocket expenses, emotional distress, and other harms.
• Civil Penalties: Fines imposed on violators to deter future discrimination.

Conclusion

Disability discrimination in housing is a serious issue that the Fair Housing Act addresses comprehensively. Understanding these protections is essential for both tenants and landlords to ensure that individuals with disabilities can enjoy equal access to housing opportunities. If you believe you have experienced disability discrimination, you should consider seeking legal advice or contacting HUD to explore your options for recourse.

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