Fair Housing Disability Rights

The Federal Fair Housing Act protects individuals from discrimination on the basis of disability. There are seven federally protected classes, including: Race, Color, National origin, disability, sex, religion, and familial status Q. Under the Fair Housing Act, who is considered disabled? The Fair Housing Act defines disability as: 1. A person with a physical or mental impairment that substantially limits one or more major life activity. 2. A person with a record of such an impairment 3. A person who is regarded as having such an impairment Q. How do I know if my housing provider falls under the Fair Housing Act? Most, but not all, housing providers fall under the Fair Housing Act. This includes apartment complexes, rental companies, mobile home parks, condos, town homes, and even some houses. Properties with management companies, HOA’s, landlords who own four or more properties, and any property you found with advertising or a realtor will typically fall under the Fair Housing Act. Q. What can my landlord ask me about my disability? If your disability is not obvious and known to your landlord, they can ask you for a letter from your doctor or medical care provider This letter should establish three things: 1. That you are a qualified person with a disability. 2. That the accommodation you are requesting is necessary to alleviate symptoms of your disability; and 3. A connection, sometimes called a “nexus”, between what you are requesting and why you need your request for your disability. Q. What can’t my landlord ask me about my disability? Just to give you some examples, your landlord generally cannot ask you: • How did you become disabled? • Do you take medication? • Why are you getting SSI/SSD? • What does that service animal do? • Can I see your medical records? • Have you ever been hospitalized for mental illness? • Have you ever been in drug or alcohol rehab? • Are you capable of living independently? Q. I feel like I would benefit from an accommodation. Could you explain what a reasonable accommodation includes? A reasonable accommodation is a request made to your housing provider in order to change rules, policies, practices, or services so that someone with a disability will have an equal opportunity to use and enjoy their home or common space. Some examples of reasonable accommodations include: • Accessible parking space closer to your home • Large Print Material • Emotional Support Animals • Service Animals • Allowing Live-in Aid • Transferring to ground floor unit Q. Who has to pay for a reasonable accommodation request? Generally, the housing provider is responsible for the cost, as long as the request is reasonable Q. What if I need a physical change made to my unit or home to accommodate my disability? You could request a reasonable modification. A reasonable modification is a request to modify your housing space or a common area space where all tenants share Some examples of reasonable modifications include: • Grab Bars • Wheelchair Ramp • Lower Kitchen Cabinets • Handrails • Bath Lifts • Automatic Door Opener Q. Who has to pay for a reasonable modification request? Generally, the tenant, or person who is making the request, is responsible for the cost. However, there are a few small exceptions, depending on if you have a subsidized property. Q. Can a landlord deny a reasonable accommodation or reasonable modification request? A landlord may deny a reasonable accommodation or modification request if it materially alters the intended nature or purpose of their services that they provide. A landlord may also deny a reasonable accommodation for a support animal if the animal has a history of aggressive behavior. A landlord may require that the tenant pay for the costs of a reasonable modification request. Q. I have a support animal for my disability. What protections are there for support animals? The Fair Housing Act does not differentiate between a service dog and an emotional support animal Your landlord cannot impose weight or breed restrictions for support animals Your landlord can require you to submit letter from your doctor Your landlord can reject a support animal if that specific animal has a history of violence Keep in mind- there is no service animal registry or emotional support animal registry! Save your money and avoid support animal scams. Q. I think I may need more assistance on my fair housing concern, what do I do? Call Community Legal Services of Mid-Florida to talk with one of our HelpLine attorneys today! Call 1-800-405-1417 If you have questions or think you have a legal issue that requires assistance, contact our Helpline at 1-800-405-1417. We cannot comment, take requests for service or give legal advice online. https://www.clsmf.org/service/fair-ho...