Disability Discrimination: Buying Land or Property

In 2006, the United Nations (UN) met to compile the Convention on the Rights of Persons with Disabilities. With approximately 650 million people around the world having some form of disability, it was a measure intended to ensure these individuals were able to receive various rights including education, employment and cultural. The UN also wanted to ensure the disabled were not denied the right to own and/or purchase property. Not all nations have signed on, although many countries have created their own version of disability discrimination legislation. In the United States, this is the Americans with Disabilities Act.

The Americans With Disabilities Act

The Americans with Disabilities Act (ADA) was signed into existence, July 1990 by President George H. W. Bush. It has since undergone various changes, the last effective on January 1, 1990. Its intent is to prohibit “under certain circumstance” various forms of discrimination against the disabled. It defines the term “disabled” and governs the following areas of American life:

• Employment
• Transportation
• Public accommodations
• Telecommunications

Each section of the Americans with Disabilities Act addresses when discrimination exists, what is prohibited and the extent the addressing of discriminatory issues. For example, an employer may address issues of disability by making “reasonable” accommodations to the workplace. In the instance of employers – accommodations to a disabled employee should not cause hardship to the employer. In the future, however, various different structural accommodations must extend to the construction of public housing/spaces, commercial facilities and forms of public transportation and telecommunications.

The Americans With Disabilities Act and Property Issues

The ADA addresses only public accommodations. It does not deal with the rental of private apartments and housing nor the purchasing of private land or property. These are issues the UN has committed to, but the United State has has not addressed in specific disability legislature. In order to complain about such issues, a disabled individual must look not to the Americans with Disabilities Act but to Title VIII of the Civil Rights Act. This is the section often called the Fair Housing Act.

In other words, if when purchasing private land or property, you face discrimination based on your disability, you need to contact the United States Department of Housing and Development (HUD). In particular, you would address any complaint to the Office of Fair Housing and Equal Opportunity (OFHEO) within this department.

Talk To An Attorney

If you are being denied the right to purchase property or land based on your disability, contact a skilled disability attorney. He or she can inform you on your rights under the American with Disabilities Act. As well as the knowledgeable lawyer can help you discover what you can do according to other separate but related Federal legislation.