Disabled Tenants’ Housing Rights
Disabled tenants should know their rights as renters, as they are vulnerable to housing discrimination on the basis of their disabilities. Federal law prohibits discrimination against people who have a mental or physical disability limiting one or more major life activities such as: hearing, mobility and visual impairments, chronic alcoholism (if it is being addressed through a recovery program), mental illness, mental retardation, being HIV-positive, having AIDS, etc. If you have or have had a disability or impairment, your landlord should judge you on the basis of your financial stability and history as a tenant, rather than your disability.
The federal Fair Housing Act of 1968 and the federal Fair Housing Amendments Act of 1988 outlaws discrimination on the basis of the following “protected categories”:
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Race or color
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Religion
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National origin
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Family status or age — including families with children younger than the age of 18 and pregnant women
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Disability or handicap
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Sex
WHAT DOES DISCRIMINATION LOOK LIKE?
Landlords are not allowed to request information on your disability or ask you for medical records. The landlord cannot make assumptions or decisions about your living conditions — no matter how well-intentioned — based on your disability. They must show you all available units and allow you to make your own decisions regarding your living preferences.
YOUR RIGHTS AS A DISABLED TENANT
Federal law protects disabled tenants from discriminatoin during the application process and once they move into a rental unit. Landlords must accommodate to the needs of disabled tenants. Disabled tenants can expect to see rules or procedures adjust to accommodate them in order to provide equal accessibility and opportunity. Some examples include providing a parking space for a tenant with a movement impairment or accepting a service animal despite a “no pets” rule.
In order to make their living space safe and comfortable, disabled tenants have the right to make reasonable modifications in their rental unit. However, landlords are not required to allow you to make major significant structural changes to the building, and if the modification will make the unit unlivable for the next tenants, the disabled tenant must undo the modification before moving out. When making modifications, landlords are allowed to ask for proof that the accommodation or modification requested will address your disability. You can ask your physician, therapist, counselor, or any other professional for a letter stating that what you asked for will meet your needs — no need to explain your disability further.
Please contact the Tenants Law Firm today if you, or someone you know, has experienced discrimination on the basis of their disability. You can contact an attorney directly by submitting an online form at Tenants Law Firm. You deserve to live in suitable housing conditions and demand the same respect as everyone else, and we have qualified attorneys to help you fight for your rights as a tenant.