A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act

Here is a little reminder for everyone about their obligations under the Fair Housing act with respect to people with disabilities. The following are a few examples of illegal housing practices against persons with disabilities under the Fair Housing Act:

• Refusing to rent or sell or otherwise making unavailable to an individual with a disability a dwelling unit, because of the buyer’s or renter’s disability;

• Imposing different terms and conditions on the sale or rental of a dwelling unit due to the buyer’s or renter’s disability;

• Coercing, intimidating or threatening a person for exercising his or her rights under the Fair Housing Act;

• Informing an individual with a disability that a dwelling was not available for inspection, when in fact the dwelling was available;

• Discriminating against any person who associates with a person with a disability in the sale or rental of a covered dwelling unit;

• Blockbusting – that is paying someone to rent or sell a dwelling unit to another person, so as to prevent an individual with a disability from moving into a neighborhood;

• Refusing to make reasonable accommodations of rules, policies, practices or services that are needed to accommodate an individual with a disability;

• Refusing to allow a tenant with a disability to undertake reasonable structural modifications to an existing building which may be necessary to accommodate that person’s disability;

• Engaging in any real estate-related transaction that promotes discrimination against an individual with a disability;

• Denying a person with a disability access to a multiple listing service, real estate broker’s organization or other related service based upon his or her disability;

• Asking a prospective tenant/home-buyer about his or her disability;

• Requiring tenants or others living in housing to be able to “live independently”;

• Requiring a person with a disability to pay a higher security deposit than that requested from a tenant without a disability;

• Publishing an advertisement, notice or statement which limits or excludes individuals with disabilities from renting or purchasing a dwelling;

• Denying housing due to a present or past history of a mental illness;

• Asking a prospective tenant about illegal drug use or illegal drug convictions unless those questions are asked of all prospective tenants.

It is important for all real estate professionals to remember that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

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