• Disability was added as a protected class to the Fair Housing Act in 1988 to ensure people with disability had access to safe, affordable housing of their choice.  This addition was meant to cover a broad definition of disability, as well as include 3 additional sections to ensure accessibility in housing. 

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• Definition of a qualifying person with a disability in housing (42 USC § 3602(h)):

  • A person with a physical or mental impairment that substantially limits one or more major life activities

  • A person with a record of such an impairment

  • A person who is regarded as having such an impairment

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Additional protections for persons with disabilities in housing:​

• Reasonable Accommodation - a change to a rule, policy, or procedure necessary for a person with a disability to use and enjoy the dwelling.

Examples of Reasonable Accommodations:

• Changing a “first come” parking rule by providing an assigned parking spot

• Changing a “No Pets” policy to allow a service animal  

• Changing the procedure of only accepting rent on the 1st of the month because the tenant’s income is related to their disability and it is not received until the 3rd of the month. 

• Any potential, though often minimal, costs associated with a reasonable accommodation are the responsibility of the housing provider to cover.​

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• ​Reasonable Modifications - a change to the physical structure of the property for a person with a disability to fully enjoy the dwelling.

 

• Examples of Reasonable Modifications:

• Installing grab bars

• Changing audible smoke detectors to flashing ones

• Installing a ramp

  • The cost of making modifications to a property is often the responsibility of the tenant.  The exception is if the property receives federal funding.  Please contact FHCS directly if you have questions about who is responsible for the costs of a necessary reasonable modification.

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• Federal law requires that new covered multifamily housing be designed and constructed to be accessible.

  • In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the following seven design and construction requirements of the Fair Housing Act:

  • Accessible Entrance on an Accessible Route

  • Accessible Public and Common-Use Areas
    Usable Doors

  • Accessible Route Into and Through the Dwelling Unit

  • Accessible Light Switches, Electrical Outlets, Thermostats, and Environmental Controls

  • Reinforced Walls in Bathrooms

  • Usable Kitchens and Bathrooms