14.39 Fair Housing Laws as Applied to Those with Disabilities

Federal fair housing law, as set forth above, provides for the following with respect to persons with disabilities:

• It is unlawful to refuse to rent to someone with a disability.

• It is unlawful to apply special rules requiring extra deposits or rental charges.

• It is unlawful to make a false statement that housing is not available when the housing is available.

• It is unlawful to advertise in such a way that it limits housing available for persons with a disability.

• It is unlawful to restrict persons with a disability to a specific part of an apartment complex or neighborhood.

• It is unlawful to not make reasonable accommodations or modifications for those persons with disabilities.

Reasonable accommodations are changes in policies, rules, procedures, or practices and services that would enable a disabled person to have equal opportunity to enjoy and use the housing available.

Examples of reasonable accommodations that may have to be made are:

• Providing notes to visually impaired tenants in large print.

• Modifying a "no pet" policy to permit a guide dog.

• Giving a rent reminder call on the day before the rent is due for those with cognitive disabilities.

• Using alternative pest control methods for those with allergies.

• Using alternative cleaning agents for those with allergies.

• Providing a reserved parking spot near the disabled person’s unit in an apartment complex which has unassigned parking.

• It is unlawful not to permit or make building modifications. A disabled tenant has the right to make reasonable modifications to their living unit at their own expense so that they may be able to have full use and enjoyment of their housing.

Examples of modifications may include:

• Lowering cabinets for wheelchair persons.

• Installing grab bars in bathrooms.

• Changing door knobs for those that have disabilities affecting hands (round v. lever type knobs).

• Installing an electric range and oven as replacement for gas appliances for those allergic to gas fumes.

• Lowering light switches and/or thermostats for people in wheelchairs.

• Installing visual alarm systems for those with hearing impairments.