Disability Discrimination By a Landlord

It is a violation of the federal Fair Housing Act for landlords to discriminate against tenants or potential tenants because of a disability or handicap. The Department of Housing and Urban Development is charged with enforcing Fair Housing across the United States, and will pursue violators in court.

Are There Exemptions?

Yes, under limited circumstances a landlord could be exempt under the Fair Housing Act. These exemptions include landlords who also live in the building where the rental unit is located and there are no more than four units total in the building or if the landlord rents a single family home that he or she is not living in and they did not use a licensed broker to procure the renter. Brokers or real estate agents are never exempt from abiding by the Fair Housing Act.

One additional exemption would be housing that is limited to members of a private club or organization that is also owned and operated by the private club or organization.

Disability Discrimination

Most landlords are not going to be exempt from Fair Housing, so you may have been subjected to disability discrimination if:

• The landlord refuses to rent to you because of your disability. The only exception to this would be a disability that posed a real threat or danger to other tenants, such as someone who was using illegal drugs. Someone with AIDS is protected under Fair Housing.
• The landlord tells a prospective disabled tenant a lie that the unit is no longer available.
• The landlord attempts to set different terms or conditions for a disabled tenant. 
• The landlord not provide the same services or facilities to disabled tenants. As an example, if the building has laundry facilities they must be accessible by all tenants.

Additional Protection

A landlord would be discriminating against you because of your disability if they refused to allow a blind person to have a guide dog, even if the building has a strict "no pets" policy in place for other tenants.

Landlords must allow disabled tenants to make modifications to the unit or common areas that would allow the disabled tenant to be able to use the housing.  The modifications must be completed at the cost of the disabled tenant, not the landlord. The landlord is allowed to deny these modifications if the disabled tenant also does not agree to restore the unit or common areas to its original condition, at the tenant's expense, when they move out.

Get Legal Help

If you are disabled and your rights to Fair Housing have been violated, contact the Department of Housing and Urban Development and contact an attorney. Legal remedies that may be available to you include bringing a lawsuit against the landlord, or you may be asked to attend a hearing with an Administrative Law Judge. An attorney can evaluate your situation, and advise you what to do to if your rights have been violated.