Rental Rights for Disabled Persons

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People with disabilities have the same rental rights as anyone else.

Every year, people from all walks of life look for a suitable home or apartment to rent. While these searches may prove exhausting under normal circumstances, they can be more frustrating for those with disabilities.

  1. Definition of Disabled

    • According to the Americans with Disabilities Act Amendments Act of 2008 (Section 902.1b), a disabled person is defined as someone who has a mental or physical disability that limits major life activities, has a history of disability or is regarded by others as having such impairments. Tenants' rights vary by state.

    The Fair Housing Act

    • Title VIII of a Federal ruling called The Fair Housing Act, also known as the Civil Rights Act of 1968, prohibits discrimination in the rental of any housing based on the disability of an applicant.

    Rental Application and Interview

    • A prospective landlord cannot refuse to rent available housing to a person with a disability. He is also prohibited from asking for medical records concerning, or about the severity of, one's impairment. He must give the disabled applicant the same opportunity to rent as the unimpaired, and with only the same requirements.

    Accommodation Rights

    • Tenants who are disabled can ask their landlord to make sensible accommodations, including modifications to policies or services when doing so will allow the impaired person the same opportunity to enjoy her house or apartment, including any common areas, as tenants who are unimpaired. Examples of accommodations include wheelchair access and special door handles or faucets.

    Infractions

    • In the event that a disabled person is the victim of discrimination, either as an applicant or tenant, he should contact an attorney to represent him and assert his rights under the Fair Housing Act.

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References

  • Photo Credit disabled sign image by Warren Millar from Fotolia.com

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