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- What laws relate to housing rights for people with disabilities?
- Civil Rights Act of 1968, under Title VIII, also known as The Fair Housing Act- prohibits discrimination in the sale, rental, financing of dwellings, and other housing related transactions, based on disability.
- Rehabilitation Act of 1973, under Section 504- prohibits discrimination based on disability in any programs or activity receiving federal financial assistance.
- Americans with Disabilities Act of 1990, under Title II- prohibits discrimination based on disability in programs, services, and activities made available by public entities. HUD enforces this clause in relation to public housing and housing assistance.
- Architectural Barriers Act of 1968- requires buildings designed, constructed, altered, or leased with federal funds (after September 1969) to be accessible by handicapped persons.
- Executive Order 11063- prohibits discrimination in the sale, leasing, rental, or other disposition of properties owned or operated by the Federal government or provided with federal funds.
- Executive Order 13217- requires federal agencies to evaluate their policies to improve the availability of community-based living options for the disabled.
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- What rights do I have under the Fair Housing Act?
If you or someone associated with you:
- Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
- Have a record of such a disability or
- Are regarded as having such a disability
Your landlord may not:
- Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
- Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing. (A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog, an apartment complex that offers tenants parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment)
Under the Fair Housing Act, no one can take the following actions towards an individual based on disability:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or privileges for sale or rental of a dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale, or rental
- For profit, persuade owners to sell or rent (blockbusting) or
- Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Also under the Fair Housing Act, in reference to Mortgage Lending, no one may take any of the following actions towards an individual based on handicap (disability):
- Refuse to make a mortgage loan
- · Refuse to provide information regarding loans
- · Impose different terms or conditions on a loan, such as different interest rates, points, or fees
- Discriminate in appraising property
- Refuse to purchase a loan or
- Set different terms or conditions for purchasing a loan.
Also under the Fair Housing Act, it is illegal for anyone to:
- Advertise or make any statement that indicates a limitation or preference based on handicap.
- This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
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- What are the requirements for new buildings?
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units: · Public and common areas must be accessible to persons with disabilities
- Doors and hallways must be wide enough for wheelchairs
- All units must have: an accessible route into and through the unit, accessible light switches, electrical outlets, thermostats and other environmental controls, reinforced bathroom walls to allow later installation of grab bars and, kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply only to ground floor units. These requirements for new buildings do not replace any more strict standards in State or local law.
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- What should I do if I think my rights have been violated?
Complete and return, or complete online and submit, a Housing Rights Violation Complaint, at http://www.hud.gov/complaints/housediscrim.cfm
You may also write HUD a letter, or telephone the HUD Office nearest you (contact information is listed at http://www.hud.gov/local/index.cfm).
You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.
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- What Should I tell HUD?
- Your name and address
- The name and address of the person your complaint is against (the respondent)
- The address or other identification to the housing involved
- A short description to the alleged violation (the event that caused you to believe your rights were violated)
- The date(s) to the alleged violation
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- Will HUD assist me in filing my complaint if I have a disability that warrants special aid?
HUD provides a toll-free TTY phone for the hearing impaired: 1-800-927-9275, as well as interpreters, tapes and braille materials, and assistance in reading and completing forms.
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- What happens when I file a complaint?
HUD will notify you when they receive your complaint. They will usually also notify the alleged violator and permit them to respond to your complaint.
HUD will investigate your complaint and determine whether the Fair Housing Act has been violated. They will notify you if they cannot complete the investigation, within 100 days of receiving your complaint.
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- What happens after a complaint investigation?
If HUD finds cause to believe that discrimination has occurred, they will inform you. Your case will be heard in an administrative hearing within 120 days, unless the respondent (person you have complained against) wants the case heard in Federal district court. There is no cost to you in either case.
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- What types of conciliation may be offered after HUD investigates my complaint?
HUD will try to reach an agreement with the person you have complained against. The agreement must protect both you and the public interest. If an agreement is signed, HUD will take no further action on your complaint.
If HUD has reason to believe that the conciliation agreement is breached, they will recommend the Attorney General file a suit.
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- What is a complaint referral?
If HUD determines that your local agency has the same fair housing powers as HUD, they will refer your complaint to that agency for investigation and notify you of the referral.
The agency must begin work on your complaint within 30 days, or HUD may take it back.
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- What should I do if I need help quickly?
If you need immediate help to stop a serious problem caused by a Fair Housing Act violation, HUD may assist you as soon as you file a complaint. HUD may authorize the Attorney General to go to court and seek temporary relief until the outcome of your investigation if:
- Irreparable harm is likely to occur without intervention
- There is substantial evidence that a violation of the Fair Housing Act has occurred (for example, a builder fails to keep an agreement to sell a house after learning that the buyer is bound to a wheelchair)
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