Tuscarawas MHA | Owners Update February 2004

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Owner Update "Question Of The Month"

Note: The last couple months this Q & A has focused on fair housing issues. Remember that fair housing laws apply to ALL rental housing, not just rentals on the TMHA Section 8 program.

Q: Are there special fair housing laws about renting to disabled persons?

Answer: Laws prohibiting discrimination have been in force since Civil War time. In 1988 Congress passed the Fair Housing Amendments Act to broaden and strengthen the 1968 Fair Housing Act by adding disabled persons as a protected class.

The Amendment requires many public and private owners, developers and operators of housing to change any policies and practices that excluded people with disabilities. Further, any new multifamily housing to be built, to be occupied for the first time after March 13, 1991 must be architecturally accessible.

Generally speaking, what's required is to treat disabled persons under the same rules and policies as all others, but be willing to make reasonable accommodations for the disabled person. An owner / manager would not be likely to say, "You can't live here because you have a disability," unless he/she were trying to get sued. But more often discrimination is subtle. Suppose you have a tenant who needs a 2 BR unit and uses a wheelchair. You as a landlord might say, "no two bedroom apartments are available." Assuming that is true, it's legal. But saying "no apartments that would meet your needs are available" is discriminatory.

How do you know when you might be committing an act that could be interpreted as housing discrimination? Sometimes it's obvious. For example, you have a prospective tenant who has a visual impairment. As the landlord you won't rent them a 3rd floor apartment because "blind tenants create hazards in emergencies." That is discrimination against that visually impaired person.

You may NOT refuse to rent to a person with a disability by stating: "I cannot rent to you. I'm afraid of future liability, if you get sick." "I don't want someone with a disability living in my building." "I do not allow people to live in my apartments with a 24-hour personal car attendant."

As a landlord you may NOT use a different rental agreement or charge a higher security deposit because the person is disabled. So what are LEGAL reasons to refuse to rent to a disabled person? They are the same ones that apply to ALL under fair housing laws to prospective renters, such as bad credit rating (indication they may not be able to pay the rent), someone who is a direct threat to the health and safety of others, current drug user (a disability does NOT make drug use permissible!), bad references.

Lastly, remember that the law says the owner / manager must allow the disabled tenant to make reasonable modifications, at the tenant's expense. Owner / manager must also be willing to make reasonable accommodations in rules, policies, practices or services. Example of that is our current provision of handicapped parking. Most everywhere provides that accommodation these days, and understand that it is a reasonable practice to help a disabled person.

Have fair housing questions? Call Fair Housing Consortia at 1-800-581-3247 for answers.

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