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Disabilities and Your Fair Housing Rights
by: Greater New Orleans Fair Housing Action Center, Inc. (FHAC)
Q.How do the fair housing laws protect people with disabilities?
A.

Fair housing laws protect people with disabilities from unfair treatment in the renting and purchase of housing.   For example, you have the right:

  • To meet only the same standards as other home seekers, and no more.  For example, a landlord can check your credit and references, and a landlord can require a certain level of reliable income.  However, a landlord cannot require that your income be from a job. 
  • To ask for reasonable physical modifications if you need them, such as ramps, levers instead of doorknobs, visual smoke alarms, lowered kitchen cabinets, grab bars in the bathroom, or widening doorways. The landlord may or may not have to pay for this.  If the landlord gets federal money, the landlord must pay.  If the landlord does not get federal money, the landlord does not have to pay.  You could pay for modifications, but the landlord could make you return the rental to its original condition when you move.
  • To request reasonable accommodations or changes in policies if needed (for example, if you need a service animal and the landlord does not allow pets).
  • To expect the decision to rent (or to sell or grant a loan) to be based only on your individual qualifications.
  • Not to be asked questions that are not asked of others, unless necessary to make sure you qualify for special housing for persons with disabilities.
  • To be told about all available vacancies and to be offered your choice of where you want to live.
Q.

What is a "disability" protected by fair housing laws?

A.

"Disability" means a physical or mental impairment that substantially limits 1 or more of a person's major life activities.  This includes people who use wheelchairs; visually impaired people; recovering alcoholics and drug addicts; people limited by emotional problems, mental illness or retardation; and people with difficulties because of old age.  It does not apply to current illegal use of drugs. 

Q.Are there any special rules for new houses or apartments?
A.

Yes.  For most multi-family housing built and occupied after March 13, 1991, the federal Fair Housing Act says that first floor units and all units in buildings with elevators must be designed with accessibility features, including:

  • Accessible entrances on an accessible route.
  • Doors wide enough for persons in wheelchairs.
  • Readily accessible public and common use areas.
  • Accessibly located light switches, electrical outlets, and thermostats.
  • Reinforced bathroom walls to install grab bars.
  • Plenty of space in kitchens and bathrooms for wheelchairs.
  • Accessible ways into and through the building.
Q.What could be discrimination, and what can I do about it?
A.

These are some examples of possible discrimination against people with disabilities:

  • A landlord with a "no pets" policy refuses to allow a blind person to have a guide dog.
  • A landlord will not let a tenant who uses a wheelchair install a ramp.
  • You are asked questions about your disability or your ability to live on your own (unless the landlord has modified units and may give you one).
  • A landlord demands a larger security deposit because you are disabled.
  • You are told only about apartments in the back of a complex even when you think there are other vacancies.
  • The landlord keeps telling you there are no vacancies but keeps advertising and taking applications.
  • You are told the owner's insurance company will not allow the owner to rent to you.

If you think you may be discriminated against because of your disability, seek legal help.  Call the Greater New Orleans Fair Housing Action Center, Inc. (FHAC) to see if it can help. 

 

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Related Resources
Housing Justice Network (Separate Website)
Practical Advice on Housing Law (Separate Website)
By: American Bar Association
Overview of Fair Housing Law (Separate Website)
By: Greater New Orleans Fair Housing Action Center, Inc. (FHAC)
more...
Last Reviewed On: 02/22/06
 

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