Housing Discrimination and Accommodation |
There are many legitimate reasons for a landlord to reject you as a tenant, like a bad credit report, unstable employment history, or bad references from prior landlords. In today's housing market, landlords often use some sophisticated tools to help make sure that they get "good" tenants: tenants that pay rent on time and don't cause the landlord problems.
But, landlords have to be careful. You can't be treated differently than other tenants because of some personal characteristic or feature. Federal law bars them from refusing to rent to you based upon things like your race or disability. And, many states have similar laws.
So, if you're the market for a rental, you should know some things about discrimination in rental housing so that you can protect your rights.
Anti-Discrimination Laws in General
The federal Fair Housing Act (FHA), makes it illegal for a landlord to refuse your application to rent a dwelling, like a house or an apartment, based upon things like your: :
- Race
- Color
- Religion
- National origin
- Sex or gender
- Family status, which covers persons who have children under 18 years old or who are pregnant
- Handicap or disability, which includes physical or mental conditions, such as being wheelchair bound, blind, deaf or mentally retarded (developmentally or intellectually disabled)
There is an exception from the family status provision for housing that qualifies as housing for older persons, or seniors. In order to qualify, the housing must:
- Be designed for and occupied by elderly persons under some federal, state, or local government program, or
- Have occupants who are 62 or older, or
- Have at least one person who is 55 or older in at least 80 percent of the occupied units, and the building has and follows a policy that demonstrates an intent to house persons who are 55 or older
In addition, most states, and even some cities, have very similar anti-discrimination laws that are stronger than the FHA. For example, some state and local laws make it illegal to refuse to rent to persons based upon characteristics such as marital status and sexual orientation. If you think you're being treated unfairly, check laws in your area or talk to an attorney to see if a landlord is discriminating against you.
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Disabled Tenants and Potential Tenants
If you're disabled (or if someone who will be living with you, like a spouse or family member, is disabled), and you apply for a residential rental, the landlord can't ask about the type or severity of the disability.
But, a landlord can "screen" disabled applicants according to the same financial standards and other criteria as anyone else, which usually involves getting a credit report, references from former landlords, and employment history, all of which is designed, essentially, to make sure that you can pay the rent and don't have a history of damaging rental property.
Also, a landlord must accommodate a disabled person's needs, at the landlord's expense, if the accommodation is "reasonable" and is necessary to enable you to use and enjoy the premises the same as non-disabled tenants do. This might include:
- Providing close parking if parking is provided to other tenants
- Making an allowance on a "no pet" policy so that a blind tenant can keep a "seeing eye" dog or other service animal on the premises
The landlord is entitled to ask for medical proof that the modification is necessary, such as a note from your doctor. The doctor doesn't have to explain why you need the accommodation, only that the modification is necessary.
Also, a landlord can't refuse to let you make reasonable modifications to your dwelling (or common use areas), at your expense, if necessary for you to use and enjoy the housing. But, the landlord can usually require that you restore the property to its original condition when you move. For example, if you need a wheelchair to get around, a landlord usually must allow you to install a ramp, but he may make you remove the ramp if and when you move out. (Again, check the laws in your area! In some states or cities, a landlord may be required to pay for and install the ramp).
There are also new housing requirements. If a rental building is ready for first occupancy after March 13, 1991, and has an elevator and four or more units, then public and common areas, like hallways and lobbies, must be accessible to persons with disabilities, and doors and hallways must be wide enough for wheelchairs. In addition, all units or apartments must have:
- An accessible route into and through the unit
- Accessible light switches, electrical outlets, and thermostats
- Reinforced bathroom walls to allow later installation of grab bars, and
- Kitchens and bathrooms that can be used by people in wheelchairs, with modifications such as low countertops
If such a building doesn't have an elevator, then all units on the ground floor have to comply with these rules.
Penalties
If you think a landlord has discriminated against you, you can file a federal complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the matter and file suit on your behalf if it finds that the landlord in fact discriminated against you in violation of the FHA.
You can also file a suit, at your expense, by hiring your own attorney.
If discrimination is found, the landlord can be liable for your actual damages, such as the difference between the rent for the dwelling you were not permitted to rent and the dwelling you actually rented, attorney's fees, and sometimes punitive damages, which are meant to "punish" the landlord's wrong-doing and ensure that he or she doesn't discriminate in the future.
Questions for Your Attorney
- How much will it cost to file a discrimination claim against my landlord, and how long will it take to end the case?
- I filed a discrimination claim against my landlord and now he's threatening to raise my rent or evict me. Can he do that?
- Do I have to install a wheel chair ramp for easy access for one my tenant's family members who visits often but does not live in my building? Do I have to let the tenant build the ramp with her own money?
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