MDA’s Guide to the Fair Housing Act

The Civil Rights Movement of the 1960s prompted the passage of several landmark civil rights laws, including the Fair Housing Act (FHA), which was enacted in 1968 to protect people from discrimination when renting, buying, or financing a home.

What is the FHA?

“From a broad perspective, the FHA is about preventing discriminatory treatment for people with disabilities renting or buying a home, and ensuring equal access,” says Shannon Wood, Director of Disability Policy at MDA.

The FHA protects that access in two important ways:

• Intentional discrimination: When someone is denied housing or treated differently because of a protected characteristic, such as a disability.
• Disparate impact discrimination: When a policy appears neutral but disproportionately harms people of a protected characteristic.

One example of disparate impact discrimination could be if a housing provider made a rule that they would only rent to people with full-time employment. “That doesn’t mention anything about disability or people with disabilities, but it could have the effect of disproportionately denying housing to people who have disabilities that would keep them from working full time,” says Anna Bailey, senior policy analyst at the Center on Budget and Policy Priorities. “Somebody can come up with that kind of policy, and they may not even be thinking about how that could hurt people with disabilities, but it can still cause that effect.”

The FHA applies to most public and private housing, including:

• Apartments
• Condominiums
• Mobile homes
• Most single-family homes
• College and university housing, including dormitories
• Assisted living facilities, nursing homes, and other long-term residential facilities
• Group homes

There are some limited exceptions, including:

• Owner-occupied buildings with four or fewer units
• Single-family homes sold or rented directly by an owner who does not own more than three homes
• Housing operated by religious organizations or private clubs under limited circumstances

Who is protected?

Originally, the law prohibited discrimination based on race, color, religion, and national origin. In 1988, Congress expanded those protections to include people with disabilities.

“It’s generally talking about folks who have a substantial impairment that affects a major activity of daily living or a major aspect of their life, like the ability to hear, see, exercise or move around, learn, socialize, and more. And that actually is a pretty broad group of people,” Anna says. For comparison, the FHA’s definition of disability is broader than the one the Social Security Administration uses to determine eligibility for disability benefits, Anna notes.

“You’re going to think about pretty much anyone who, for some reason — for a physical health, mental health, or a cognitive condition — has a limitation that is affecting their access to housing or the way that they can use and enjoy their housing,” she says.

Key Parts of the Fair Housing Act

In addition to prohibiting discrimination, the FHA also requires the federal government and many communities that receive federal housing funds to take proactive steps to promote fair housing.

Rather than simply responding to complaints after discrimination occurs, the law encourages communities to consider the needs of people with disabilities and other protected groups when developing housing policies and programs. Here are the law’s key protections:

Equal access to housing

When Congress expanded the FHA to include people with disabilities, it outlined several prohibited activities. Landlords, property managers, real estate agents, lenders, and others involved in providing housing generally cannot:

• Refuse to rent or sell a home because of a disability
• Charge different rent, security deposits, or fees because of a disability
• Apply different rental terms, conditions, or requirements because of a disability
• Tell someone housing isn’t available when it actually is because of a disability
• Steer someone toward or away from a particular neighborhood or community because of a disability
• Discriminate when advertising housing
• Refuse to approve a mortgage or offer different loan terms because of a disability

Reasonable accommodations

A reasonable accommodation is a change to a housing provider’s rules, policies, procedures, or services that allows a person with a disability to have equal access to housing.

Examples may include:

• Providing large-print documents for someone with visual limitations
• Reserving an accessible parking space for someone with mobility limitations
• Making an exception to a no-pet policy to allow an assistance animal
• Allowing a personal care attendant or caregiver to use shared amenities while providing care

“A concrete example is if your apartment building has a laundry room that’s limited to residents. An exception to that policy would be allowing a personal care attendant or family caregiver to use those laundry facilities as part of providing care,” Shannon says.

Anna emphasizes that these protections are legal rights rather than simply courtesies.

“It would be discrimination to deny a reasonable accommodation or modification request,” Anna says.

Reasonable modifications

A reasonable modification is a physical change that improves accessibility within a home or housing community.

Common examples include:

• Installing ramps for wheelchair or walker users
• Adding grab bars in the bathroom
• Replacing doorknobs with lever-style handles
• Widening doorways
• Lowering countertops

Depending on the type of housing, responsibility for paying for a modification may vary. Under the FHA, housing providers generally must allow reasonable modifications, but residents are often responsible for the cost. However, if the housing receives federal financial assistance, such as public housing or certain voucher programs, the housing provider is usually responsible for paying for reasonable modifications.

Accessible design standards

The law established accessibility requirements for many multifamily buildings constructed after 1991. They include:

• At least one entrance is on an accessible route
• Common-use areas must be accessible
• Doorways should be wide enough for wheelchairs
• Bathroom walls must be reinforced for the installation of grab bars

Communications accessibility

Accessibility isn’t limited to physical spaces. In some situations, housing providers may also need to ensure people with disabilities can communicate effectively. If your speech is impaired, you can request to be contacted via email, text, or through a designated caregiver, such as a family member or live-in aide. You can also request to communicate through a speech-generating device, such as an augmentative and alternative communication (AAC) device.

How the FHA works

If you have identified an accommodation or modification that would help you access and enjoy your home, the next step is to request it from your housing provider.

“Those requests don’t have to be formal, but people do have to communicate with their landlord about what they need,” Anna says.

While oral requests are legally valid, it is highly recommended to submit your request in writing via email, letter, or text. Creating a “paper trail” ensures you have clear documentation of the date and specific details of your request if a dispute arises later.

Within your request, be sure to include:

• What you’re requesting
• Why it is needed
• How it will help you access and live safely within your home

Not every request will be approved. Whether an accommodation or modification is considered reasonable depends on the circumstances, including whether it’s necessary and feasible or if there is a different modification that could meet the same need.

Anna notes that determining whether a request is reasonable is a complicated analysis, and circumstances, such as the feasibility of modifying an older home or apartment building, can present additional challenges.

“Having these laws in place doesn’t necessarily mean older housing is going to be retrofitted to the full extent people need,” Anna says. “There’s still a real need to build new housing with universal design in mind, as well as financing to retrofit older buildings.”

Even when a particular modification isn’t feasible, it’s still worth discussing your needs with your housing provider. In some cases, there may be another accommodation or modification that provides similar access.

Asserting your rights

If you believe you’ve experienced housing discrimination, the FHA provides several avenues for seeking assistance or filing a complaint.

Shannon recommends filing a complaint with the US Department of Housing and Urban Development (HUD).

“File a complaint with your closest HUD office,” Shannon says. “Many states and local jurisdictions have their own fair housing laws, and if you’re unsure, you can always file with HUD, and they’ll refer it as needed.” Find your state’s office at hud.gov/ContactUs/FairHousing.

Anna also recommends looking for disability rights organizations and legal aid offices in your area.

FHA resources

Shannon encourages people to stay informed and understand the protections available to them. “It’s so important to know your rights under the law,” she says. “There are a ton of great resources to help people understand those rights and how to exercise them.”

The following organizations can provide information, guidance, or assistance with FHA questions and complaints:

• HUD Fair Housing Office: File a housing discrimination complaint online, by phone, or by mail.
• MDA Advocacy & MDA Resource Center: Learn about your rights, connect with additional resources, and stay informed about legislation and policy developments affecting people living with neuromuscular diseases.
• Protection and advocacy (P&A) organizations, disability rights groups, and legal aid programs, including the National Fair Housing Alliance (NFHA) and National Disability Rights Network (NDRN).

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