Understanding Disabilities: Fair Housing Act

what constitutes a disability under fair housing act

The Fair Housing Act (FHA) prohibits discrimination in housing and housing-related transactions based on disability. It defines persons with a disability as those with mental or physical impairments that substantially limit one or more major life activities, such as seeing, hearing, walking, or working. The Act also protects those regarded as having such an impairment or those with a record of disability. This includes individuals with conditions such as blindness, hearing impairment, mobility impairment, mental illness, or drug addiction. The FHA prohibits discriminatory practices by direct housing providers, such as landlords, and other entities, such as banks and insurance companies, making housing unavailable to persons with disabilities. It also requires reasonable accommodations and modifications to be made, ensuring equal opportunity for individuals with disabilities to use and enjoy housing.

Characteristics Values
Disability Definition Physical or mental impairments that substantially limit one or more major life activities
Examples of Impairments Blindness, hearing impairment, mobility impairment, HIV infection, learning disability, mental illness, etc.
Major Life Activities Seeing, hearing, walking, breathing, performing manual tasks, learning, speaking, working, caring for oneself
Protection Applies to individuals with a disability, those regarded as having a disability, or those with a record of a disability
Prohibited Actions Discrimination in housing sales, rentals, financing, and other housing-related activities
Prohibited Entities Landlords, real estate companies, banks, lending institutions, insurance companies, etc.
Reasonable Accommodations Assistance animals, reserved parking, physical modifications to premises, etc.
Applicable Laws Fair Housing Act, Rehabilitation Act of 1973, Americans with Disabilities Act, Equal Credit Opportunity Act

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The Fair Housing Act (FHA) prohibits discrimination in housing-related transactions. This means that direct providers of housing, such as landlords, property owners, and real estate companies, cannot discriminate against individuals with disabilities or those associated with people with disabilities. Discrimination includes treating people with disabilities less favourably, taking adverse action, or denying permits based on disability.

The FHA defines a person with a disability as someone with a physical or mental impairment that significantly limits one or more major life activities, such as walking, seeing, hearing, or working. This includes individuals with conditions such as blindness, hearing impairment, mobility impairment, mental illness, or learning disabilities. The Act also protects those regarded as having such an impairment or those with a record of disability.

The FHA requires housing providers to allow reasonable accommodations and modifications to ensure individuals with disabilities can fully use and enjoy their housing. This could include assigning a reserved parking space to a tenant with a mobility impairment or accommodating assistance animals, even if pets are usually prohibited.

The FHA applies to a broad range of persons and entities, including public housing agencies, landlords, housing managers, real estate agents, and lending institutions. It is unlawful to use land use policies or actions that treat groups of persons with disabilities less favourably than non-disabled groups. This includes zoning laws, policies, and practices that discriminate based on disability.

The FHA protects individuals with disabilities from discrimination in housing transactions, ensuring equal opportunities in housing-related matters. It is important to understand your rights and seek assistance if you believe you have faced discrimination.

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It covers landlords, real estate companies, banks, and insurance companies

The Fair Housing Act (FHA) prohibits discrimination in housing and housing-related transactions based on disability. It covers a broad range of persons and entities, including landlords, real estate companies, banks, and insurance companies. These entities are prohibited from discriminating against applicants or residents based on their disability or the disability of anyone associated with them. This includes treating people with disabilities less favourably than others and denying them equal opportunities to use and enjoy housing.

Landlords and real estate companies are considered direct providers of housing and are therefore covered by the FHA. They are prohibited from discriminating against individuals with disabilities in the sale, rental, and financing of dwellings. This includes refusing to make reasonable accommodations or modifications necessary for individuals with disabilities to fully use and enjoy the housing. For example, a landlord may be required to allow an assistance animal, even if there are restrictions on pets, or assign a reserved parking space to a tenant with a mobility impairment.

Banks and lending institutions are also covered by the FHA and are prohibited from discriminating against individuals with disabilities in mortgage loans or home improvement loans. This includes denying loans or providing different terms or conditions based on a person's disability. The FHA also prohibits insurance companies from discriminating against individuals with disabilities in providing homeowners insurance, which is essential for obtaining housing.

The FHA defines a person with a disability as an individual with mental or physical impairments that substantially limit one or more major life activities. This includes conditions such as blindness, hearing impairment, mobility impairment, mental illness, learning disabilities, and chronic fatigue, among others. The FHA also protects individuals who are regarded as having a disability or have a record of a disability.

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It protects individuals with a record of disability or regarded as having one

The Fair Housing Act (FHA) protects individuals with a record of disability or those regarded as having one. This means that even if an individual has recovered from a disability, they are still protected under the Act. Similarly, individuals who are perceived or regarded as having a disability, even if they do not actually have one, are also protected.

The FHA defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. This includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental illness, learning disability, and drug addiction.

The Act prohibits discrimination in housing and housing-related transactions because of disability. This includes direct providers of housing, such as landlords and real estate companies, as well as other entities such as banks, lending institutions, and insurance companies. For example, it is unlawful for a landlord to deny a housing application or treat a tenant less favourably because of their disability.

The FHA also requires that reasonable accommodations be made to allow individuals with disabilities to have equal opportunities in housing. This could include assigning a reserved parking space to a tenant with a mobility impairment or allowing assistance animals in properties that otherwise do not allow pets.

In addition to the FHA, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) also prohibit disability discrimination in housing and provide protections for individuals with disabilities.

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It prohibits treating groups of disabled people less favourably

The Fair Housing Act (FHA) prohibits treating groups of disabled people less favourably. This means that direct housing providers, such as landlords and real estate companies, as well as other entities, such as banks and insurance companies, are prohibited from discriminating against applicants or residents because of their disability or the disability of anyone associated with them.

The FHA defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities, such as seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. This includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, learning disability, head injury, and mental illness.

The FHA also protects persons who have a record of such an impairment or are regarded as having one. For example, if a person needs an assistance animal to accommodate their disability, landlords may need to modify their pet policies. Similarly, individuals with disabilities are allowed to make reasonable modifications to their homes or common areas to be able to fully use and enjoy the housing.

The FHA prohibits the use of land use policies or actions that treat groups of persons with disabilities less favourably than non-disabled groups. This includes denying a building permit for a home intended to provide housing for persons with disabilities or refusing to make reasonable accommodations in land use and zoning policies to give persons with disabilities an equal opportunity to use and enjoy housing.

The Department of Justice may institute criminal proceedings if force or the threat of force is used to deny or interfere with the fair housing rights of individuals with disabilities.

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It requires reasonable modifications to be made to homes and common areas

The Fair Housing Act (FHA) prohibits discrimination in housing and housing-related transactions on the basis of disability. This includes discrimination by landlords, real estate companies, municipalities, banks, and insurance companies.

The Act defines persons with a disability as those with mental or physical impairments that substantially limit one or more major life activities. This includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, learning disability, and mental illness.

Under the FHA, individuals with disabilities have the right to make reasonable modifications to their homes and common areas to allow them to fully use and enjoy the housing. These modifications may include physical changes to the structure, such as installing a ramp or modifying doorways to accommodate a wheelchair.

The request for modifications must be reasonable, and the landlord can require the tenant to bear the cost of the changes and to restore the interior of the unit to its original condition upon vacating the premises. Examples of reasonable modifications include assigning a reserved parking space to a tenant with a mobility impairment or allowing assistance animals, even if pets are generally prohibited.

The FHA requires multi-family housing built for first occupancy after March 13, 1991, to have certain accessibility features, ensuring that individuals with disabilities have equal opportunities in obtaining and utilizing housing.

Frequently asked questions

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing and housing-related transactions based on a person's race, colour, religion, national origin, sex, familial status, and disability.

The Fair Housing Act defines persons with a disability as individuals with mental or physical impairments that substantially limit one or more major life activities. This includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, learning disability, mental illness, and more.

The Fair Housing Act prohibits a broad range of discriminatory activities, including:

- Utilizing land use policies or actions that treat groups of persons with disabilities less favorably than non-disabled groups.

- Taking action against or denying a permit for a home because of the disability of individuals who live or would live there.

- Refusing to make reasonable accommodations in land use and zoning policies to provide equal housing opportunities for persons with disabilities.

The Fair Housing Act applies to a broad range of persons and entities, including public housing agencies, property owners, landlords, housing managers, real estate agents, brokerage service agencies, and banks.

If you believe you are a victim of housing discrimination, you can contact the Fair Housing Project or a similar organization in your area. They can provide information about your rights under the Fair Housing Act and help you understand the process for filing a complaint.

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