Education for Justice FACT SHEET S-3 Fall 2009
Fair Housing for
Seniors with Disabilities
Fair Housing Laws Mean Equal Opportunity in Housing
Fair housing laws protect
everyone from discrimination. This
includes the elderly and disabled.
Are Seniors with
Disabilities Protected in All Types of Housing?
Fair housing laws
protect seniors with disabilities who
live or apply to live in:
·
single family
homes,
·
condominiums,
·
cooperatives,
·
townhomes,
·
nursing homes,
·
assisted living,
·
housing with services,
·
continuing care
facilities,
·
senior
apartments,
·
mixed age
apartment buildings,
·
mobile home
communities, and
·
other settings.
Fair housing laws apply to
renters and home buyers – but some
protections only apply to one or the other.
Hold On – Why Can’t
Nursing Homes Pick Residents Based on Disability?
Nursing homes, assisted
living facilities, and similar housing must follow disability rights laws. Some people think these providers can pick
and choose residents based on any disability.
This is not true. If these providers reject your
application, evict you, or treat you differently because of your disability,
they may have broken the law.
These Things May be
Signs of Illegal Housing Discrimination:
·
Was your application denied because
of your disabilities? Are you being
evicted because of your disabilities?
For
example, is anyone saying things like:
-
“I cannot
allow you to rent that apartment; I am afraid of liability if you get hurt.”
-
We are evicting
you because you cannot live independently.”
-
You must move
out; this assisted living facility can’t meet your needs anymore.”
-
“Our nursing home
cannot accept people with your disabilities.”
·
Are you being questioned about your
ability to “live independently?”
For
example, is someone asking any of the following:
-
“Are you able to
live on your own?”
-
“Do you have a disability?”
-
“How bad is your
disability?”
-
“Do you take
medications?”
-
“Why do you get
social security benefits?”
-
“I’ll need to look
over your medical records.”
-
“Have you ever
been hospitalized because of mental illness?”
·
Are you being treated differently
because of your disabilities?
For
example, is anyone saying things like:
-
“We must take
away your wheelchair because you cannot operate it properly.”
-
“Residents with
walkers live on the first floor.”
-
“Only our active
seniors live in these units.”
-
“You can’t eat in
the dining room because your disability makes others uncomfortable.”
-
“People who use
wheelchairs cause damage; you’ll have to pay a double security deposit.”
·
Does advertising discourage people
with disabilities?
For
example, a poster or ad that says things like:
-
“Ambulatory
persons only.”
-
“Building ideal
for agile/physically fit.”
-
“No mentally
ill.”
You Have the Right to Ask for
Reasonable Changes
You may ask for structural or
physical changes to a place you rent if you need them because of your
disabilities. These are called “reasonable
modifications.” These changes can be in
your unit or in common areas. You have
the right to equal use of all the common areas – including the main entrance
and the residential elevator.
For example, you may ask for structural
changes like:
·
bathroom grab
bars,
·
adjusted door
knobs,
·
a ramped entry, and
·
a wider door to
allow wheelchair passage.
You may be asked to pay for
these changes unless your housing provider gets federal funding.
You may also ask for a change
in policies or rules if you need them because of your disability. These are called “reasonable accommodations.”
For example:
·
a change in the
place where community gatherings and meetings are held,
·
a more convenient
parking space,
·
the
reconsideration of an application denial or eviction,
·
the use of a
service or companion animal, and
·
the adjustment of
services.
In most newer, multi-unit
buildings – occupied after March 1991 – higher levels of accessibility are
required. This includes accessibility
for the elevator, public/common areas, doors, bathrooms, and kitchens.
Contact your local Legal Aid office if you feel you are the victim of housing
discrimination and want to understand your rights. This service is free to eligible individuals.
In Hennepin and
The
Housing Discrimination Law Project at the
Legal
Aid Society of
In Dakota, Ramsey, Carver,
and Washington counties, call:
|
MN Legal Services Coalition |
Don’t
use this fact sheet if it is more than 1 year old. Write us for updates, a fact sheet
list, or alternate formats. Fact Sheets aren’t a complete answer
to a legal problem. See a lawyer for advice. |
This was adapted from a document created
by