What Are Your Housing Rights?

WHY ARE THE RIGHTS OF TENANTS WITH DISABILITIES IMPORTANT TO OLDER PERSONS?

Many older people are unable to manage daily activities as well as they once did. They may have difficulty walking, seeing, hearing, taking care of personal or health needs, or doing household chores. Sometimes, landlords ask them personal questions about their health, refuse to rent to them, or ask them to move, simply because they need assistance with certain activities. Older tenants and those with disabilities have certain rights under the Federal Fair Housing Amendments Act of 1988 and other federal and state laws.

WHAT IS THE FAIR HOUSING AMENDMENTS ACT OF 1988?

The Fair Housing Amendments Act of 1988 (U.S. Code, Title 42, Section 3604) prohibits discrimination against people with disabilities in a variety of housing settings. It includes requiring housing providers to honor requests for reasonable accommodations in residency rules or procedures, or to allow reasonable modifications to the physical structure of a building to meet the needs of residents with disabilities. The law also requires new construction of dwellings with four or more units to include features such as accessible routes and doorways, reinforced walls for subsequent installation of grab bars, accessible electrical outlets and thermostats, and kitchens and bathrooms that accommodate wheelchairs.

WHAT IT DOES:

Extends civil rights protection in the housing area to people with disabilities.
Requires landlords to treat people with disabilities just as they treat everyone else.
Prohibits landlords from asking questions of current tenants or rental applicants about their age, health, or ability to live independently, unless this information is necessary for a special program.
Requires landlords to make reasonable accommodations (changes) to rules and procedures, and to allow reasonable modifications to the premises, to meet the needs of tenants with disabilities. The tenant usually pays for modifications to his/her unit.

WHAT IT DOES NOT DO:

Does not apply to rental buildings with fewer than four units, where the owner also lives in the building.
Does not require a landlord to rent to current users of illegal drugs, or those with a conviction for illegal manufacture or distribution of a controlled substance.
Does not require a landlord to rent to a person who is a threat to the safety or health of other tenants, or whose tenancy would result in substantial damage to the property of others.
Does not require a landlord to provide services to a tenant with disabilities, unless the housing program already includes services.
Does not require a landlord to change the basic nature of the housing program.

WHAT CHANGES CAN BE MADE?

REASONABLE ACCOMMODATIONS

At the request of a person with a disability, a housing provider must make changes in rules, policies, practices or services which (1) are reasonable under the circumstances, and (2) give a tenant with disabilities equal opportunity to use and enjoy the residence. A housing provider may ask a tenant for verification of the need for reasonable accommodations. Examples include:

a landlord waiving a "no-pets" rule for a tenant who is emotionally dependent on her pet or uses the pet as a service animal.
waiving a no-guest rule for a tenant who needs a live-in aide.
changing the date on which rent is due to allow tenants time to deposit their disability check.
arranging to have a staff person pick up the trash from the apartment of a tenant who is ill.
providing large print notices for a vision-impaired tenant, or a sign-language interpreter for a tenant who is hearing-impaired.
changing parking rules to enable a tenant with disabilities to have parking that meets his/her needs.

REASONABLE MODIFICATIONS

A housing provider must allow a tenant with a disability to make changes to the physical structure of the premises, that (1) are reasonable and (2) give a tenant with disabilities equal access and full enjoyment of the residence. Examples include:

installing grab bars
replacing doorknobs with lever handles
widening doorways for wheelchair access
installing a ramp at the entrance to the building.

The tenant is usually expected to pay for the reasonable modifications to their unit, and may be required to restore the premises to the original condition upon moving out.

For multi-unit housing built before 1991, the landlord must allow the tenant to make reasonable modifications to common areas, but the tenant is responsible for the cost. However, the landlord is responsible for making reasonable modifications in common areas if: 1) the landlord receives federal funds; or 2) the common space is used by the public regularly and for a specific purpose, thus making it subject to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

ADDITIONAL INFORMATION

1. The Fair Housing Amendments Act is enforced by the U.S. Department of Housing and Urban Development (HUD), by state or local human relations commissions, state agencies handling discrimination issues, local fair housing agencies, and by the courts. The HUD Fair Housing Complaint Hotline is 1-800-669-9777; (TDD) 1-800-543-8294.

2. In addition to the Fair Housing Amendments Act, many other federal, state and local laws affect landlords and tenants. Residents of public or federally subsidized housing have additional legal rights. To find out more about these rights, contact the local Fair Housing Council. Local fair housing resources can be found by visiting www.fairhousing.com/resources/finder/index.htm or calling the National Fair Housing Advocate at (800)254-2166.

3. A list of home modification services nationwide can be found by visiting www.homemods.org/profile/index.html, a website operated by the National Resource Center on Supportive Housing and Home Modification. For more information about home modification, visit www.homemods.org, write to the National Resource Center on Supportive Housing and Home Modification, USC Andrus Gerontology Center, 3715 McClintock Ave., Los Angeles, CA 90089-0191, call (213) 740-1364, or send an email to homemods@usc.edu.