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Your Role in Fair Housing: |
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Info Provided by The Fair Housing Center for Rights & Research & HUD
Fair Housing Laws guarantee that everyone living in the United States has equal access to housing. It is illegal to deny housing, make housing otherwise unavailable, or threaten or intimidate a person exercising their fair housing rights based on their protected class. Fair Housing is a civil right afforded to all people in the United States. Federal, state, and local fair housing laws exist to protect people living in the United States from housing discrimination. Federal fair housing laws guarantee that a person cannot be denied housing because of their membership in a protected class. Equal access allows people to decide where they want to live. When a person is denied housing based on their protected class, it is a violation of fair housing laws. Denial of housing choice also denies people access to other desirable amenities, such as proximity to schools, parks, or public transportation. Everyone living in the United States is considered a member of protected classes under fair housing laws. It is against the law to discriminate in housing based on:
Both locally and nationally, disability discrimination is consistently the most reported type of housing discrimination year after year. In 2024 alone, nearly 18,000 instances of disability-related housing discrimination were reported throughout the country. By fully understanding and honoring your obligations to tenants with disabilities on your properties, you not only meet your legal and ethical responsibilities—you also protect yourself from expensive enforcement actions, penalties, and avoidable legal disputes.
Additional Protections for People with DisabilitiesPeople with disabilities are also protected from discrimination by Section 504 of the Rehabilitation Act of 1973 (referred to as Section 504) and Title II of the Americans with Disabilities Act (commonly referred to as ADA or Title II). Often these laws overlap in their coverage, but some housing may be covered by only one of the laws, while other housing may be subject to two or all three of them. The Fair Housing Amendments Act of 1988 specifies that people with disabilities must be granted reasonable accommodations and reasonable modifications in order to afford them "equal enjoyment of the dwelling." A person is protected as a person with a disability if they:
Examples of covered disabilities:
There are two groups of people the Fair Housing Act does not protect. This includes:
What Actions Are Prohibited in the Rental or Sale of Housing?The Fair Housing Act protects everyone from discrimination in housing. It is illegal to deny anyone housing based on their membership in a protected class. The following states what is illegal and the examples illustrate how a person with a disability may experience discrimination: Refuse to rent, sell, or negotiate for housing. Examples:
Set different terms, conditions, privileges, or provide different housing services or facilities. Examples:
Make housing unavailable or otherwise restrict choice. Examples:
Falsely deny that housing is available. Example:
Make, print, or publish any notice, statement, or advertisement that indicates a limitation or preference based on a protected class. Examples:
Threatening, coercing, intimidating, or interfering with anyone who is exercising a fair housing right—or helping someone else exercise that right—is prohibited under the Fair Housing Act. These protections apply to tenants as well. If a tenant's behavior interferes with another tenant's lawful use and enjoyment of their home, that conduct may violate fair housing protections. As a housing provider, you may inform the tenant of this and, when appropriate, report the situation to the Fair Housing Center for guidance or assistance. Examples:
Reasonable Accommodations and Reasonable ModificationsThe Fair Housing Act is designed to ensure that everyone is treated equally in the process of obtaining and maintaining housing. People with disabilities are afforded additional protections to ensure equal enjoyment of their home. Housing providers are required to grant reasonable accommodations and reasonable modifications to tenants with disabilities. Reasonable Accommodations A reasonable accommodation (RA) is a change in the policies and procedures that govern the residence. This accommodation must be related to the person's disability, cannot cause an undue financial and administrative burden, and cannot be a fundamental alteration of the normal service provisions. The housing provider must grant the accommodation if it meets these criteria. Examples:
Reasonable Modifications A reasonable modification (RM) is a physical change to the interior of a tenant's own unit or to the common use areas that allows the person full enjoyment of the housing. The tenant is responsible for requesting the modification from the housing provider. The modification must be related to the person's disability, cannot cause an undue burden, and cannot be a fundamental alteration of the normal service provisions. The housing provider must grant the modification if it meets the aforementioned criteria. Examples:
When a tenant requests a reasonable accommodation or modification, housing providers can:
A housing provider cannot:
Service Animals vs. Emotional Support AnimalsService animals and emotional support animals are different under HUD guidelines: service animals are individually trained dogs (or in limited cases, miniature horses) that perform specific tasks for a person with a disability, while emotional support animals do not require specialized training and provide disability-related comfort or support. Despite these differences, HUD classifies both as assistance animals under the Fair Housing Act, which means housing providers must treat them the same for compliance purposes. Neither can be treated as a pet or subjected to pet fees, deposits, or breed restrictions (including limits based on size or weight), and both must be reviewed through the reasonable-accommodation process. For more information, click here.
Learn MoreIf you want to delve deeper, you can visit the website of the Fair Housing Center for Rights and Research. Most of the information in this article was taken from the pamphlet Obtaining and Maintaining Housing: Fair Housing for People with Physical and Mental Health Disabilities. It would be beneficial for you to get hard copies to share with your staff to make sure your business is following the law and promoting your tenants' fair and equal enjoyment of their units. If you have questions pertaining to Fair Housing, feel free to contact the Fair Housing Center at 216-361-9240. As a housing provider participating in the Housing Choice Voucher program, you are required to meet HUD's standards for safe, decent, and sanitary housing, follow all program rules, and cooperate with the Public Housing Authority (EDEN) throughout the leasing and inspection process. This includes ensuring your unit meets HUD's Housing Quality Standards (HQS), completing required documentation, maintaining the unit in compliance, and promptly addressing any deficiencies identified by the PHA. You must also adhere to fair housing laws, apply your screening criteria consistently, and avoid practices that could result in discriminatory treatment of voucher holders. HUD offers a comprehensive resource hub for landlords—including guidance, forms, and program requirements—at https://www.hud.gov/hcv. You might be interested in HUD's page for persons with disabilities: https://www.hud.gov/helping-americans/disabilities.
Communicate with us!We value our partnership with you. EDEN cannot fulfill its mission of providing housing solutions to people facing the challenges of housing insecurities and homelessness without the support of property owners and managers like you. If you have any concerns, please reach out to our Housing Location, Outreach & Stabilization staff at the housing provider hotline 216-503-6369 or email EdenLandlordInfo@edencle.org. We will do our best to offer solutions or refer you to the person at EDEN who can help.
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