1. Your Fair Housing Rights – The Fair Housing Act
A presentation by Center for Independence of the Disabled, NY
(c) CIDNY 2012, 2016 1

2. What is the Fair Housing Act?
The Fair Housing Act protects the rights of certain groups of people – including people with disabilities, people with a history of having disabilities, and people who are believed to have disabilities – to fair access to and enjoyment of housing.
Under the Fair Housing Act, a disability is a physical or mental impairment that substantially limits a major life activity.
Major life activities are activities of central importance to daily life, like seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning and speaking.
You may be protected under the Fair Housing Act even if you do not qualify to receive Social Security disability income.
(c) CIDNY 2012, 2016

3. Who is Protected by the Fair Housing Act?
People who are applying to rent housing, are renting housing, or are buying a home, and
Have, have had, or are regarded as having a disability.
You cannot be denied housing or treated differently from other tenants or applicants because:
You have a disability
You had a disability in the past
Someone thinks you have a disability
(c) CIDNY 2012, 2016

4. What Homes Are Covered by the Fair Housing Act?
Almost ALL privately owned, public, and publicly subsidized housing, except:
Homes owned by landlords that own three or fewer homes and are sold/rented without discriminatory advertising or through a real estate agent
Homes with four or fewer units, if the owner lives in one of the units
Homes owned by private clubs or religious organizations that only allow members to live there
(c) CIDNY 2012, 2016

5. What Rights Are Protected by the Fair Housing Act?
You right to rent or buy a home
Your right to request and receive reasonable accommodations to rules, policies, and procedures that could prevent you from applying for, living in, or enjoying a home because of your disability
Your right to make reasonable modifications to features of a home that could otherwise prevent you from using or enjoying it because of your disability
Your right to be treated fairly and not subjected to harassment or different terms, conditions, or privileges because of your disability
(c) CIDNY 2012, 2016

6. Your Fair Housing Rights – Applying for Housing
A presentation by Center for Independence of the Disabled, NY
(c) CIDNY 2012, 2016 6

7. Meeting the Landlord
Often, before you rent a home, you will need to meet with the home’s owner or someone who works for the home’s owner
If your disability prevents you from meeting
at the property, you may request a
“reasonable accommodation.”
For instance, you may request to meet
elsewhere or to communicate by phone.
A “reasonable accommodation” is a change in rules, policies, or services so that a person with a disability will have an equal opportunity to use and enjoy a home.
(c) CIDNY 2012, 2016

8. Meeting the Landlord
The Fair Housing Act prohibits a landlord from asking you certain questions.
A landlord CANNOT ask you about your disability, unless:
You are applying for housing only open to persons with certain disabilities, or
You are asking for a reasonable accommodation
A landlord should NEVER:
Ask for your medical records
Require you to prove that or ask whether you can live independently
(c) CIDNY 2012, 2016

9. Meeting the Landlord
Examples of questions a landlord generally CANNOT ask:
Do you have a disability?
How serious is your disability?
Have you ever been hospitalized because of a disability?
Can I see your medical records?
What medications do you take?
How often do you see a doctor?
Are you able to live by yourself?
Have ever been treated for substance abuse?
(c) CIDNY 2012, 2016

10. Meeting the Landlord A landlord CAN:
Request financial information to determine whether you can pay the rent
Request references about your history as a tenant
Ask whether you are willing to comply with building rules
Ask whether you are currently using drugs
Ask about criminal history, including convictions for the manufacture or distribution of a controlled substance
A landlord CANNOT ask you a question that he/she does not ask all other potential tenants.
You may request a reasonable accommodation to comply with these requests. For instance, you may ask your landlord to accept a reference from a group home instead of landlord references, or to allow a cosigner to compensate for poor credit history
(c) CIDNY 2012, 2016

11. Completing the Rental Application
You may also need to complete a rental application.
If you cannot complete the application because of your disability, you may request a reasonable accommodation.
For instance, you may request that the application be read to you instead of provided only in written format, or that the application be mailed to you if you cannot pick it up in person.
The rental application should NOT seek information about disability, medical history, or ability to live independently.
(c) CIDNY 2012, 2016

12. Requesting An Accommodation
Consider whether, because of your disability, you will need an accommodation to live in the home you wish to rent.
For example, if required to make housing usable because of your disability, you could request:
Reserved parking
Waiver of guest/parking fees for home health aide
Oral reminders to pay rent
Waiver of ‘no pets’ policy
A particular apartment location (e.g., lower floor, quieter area)
While you can request these accommodations, a landlord CANNOT force you to accept any accommodation you do not want
(c) CIDNY 2012, 2016

13. Requesting An Accommodation
A landlord does not need to grant an accommodation if it poses an undue burden or requires a fundamental alteration of operations.
For example:
It would not create an undue burden to request that a landlord accept rent a few days late because you must wait for your Social Security check, or by mail instead of in person. But it would create an undue burden to ask a landlord to forgo rent altogether.
It would not require a fundamental alteration for a landlord to allow a live-in caregiver or a service animal in a unit. But it would require a fundamental alteration for a landlord to pay the caregiver or care for the service animal.
(c) CIDNY 2012, 2016

14. Requesting An Accommodation
You can discuss accommodations with a landlord during the application process, but you should request any needed accommodations in writing if possible so that you can prove you made the request.
It is your responsibility to request accommodations.
Your request should state that you have a disability and explain, as specifically as possible, why the requested accommodation would be helpful.
A landlord CAN request proof that you have a disability and need the requested accommodation. But you do NOT need to give a landlord the specifics of your disability or a full medical history.
(c) CIDNY 2012, 2016

15. Requesting a Modification
Also consider whether you will need to make “reasonable modifications” – physical changes to the home you wish to rent – because of your disability.
Generally, you will need to pay for these physical changes.
You may also be required to undo physical changes when you stop renting the home.
You should request any needed modifications in writing if possible.
Once you and the landlord have agreed on modifications, confirm your agreement in writing.
(c) CIDNY 2012, 2016

16. Requesting a Modification
Also consider whether you will need to make “reasonable modifications” – physical changes to the home you wish to rent – because of your disability.
Generally, you will need to pay for these physical changes.
You may also be required to undo physical changes when you stop renting the home.
You should request any needed modifications in writing if possible.
Once you and the landlord have agreed on modifications, confirm your agreement in writing.
(c) CIDNY 2012, 2016

17. Requesting a Modification
Also consider whether you will need to make “reasonable modifications” – physical changes to the home you wish to rent – because of your disability.
Generally, you will need to pay for these physical changes.
You may also be required to undo physical changes when you stop renting the home.
You should request any needed modifications in writing if possible.
Once you and the landlord have agreed on modifications, confirm your agreement in writing.
(c) CIDNY 2012, 2016

18. Recognizing Discrimination
The Fair Housing Act
Recognizing Discrimination
(c) CIDNY 2012, 2016

19. How to Recognize Discrimination
Discrimination occurs if your request for housing is rejected because of your disability.
Landlords CANNOT refuse to rent because of your disability unless you cannot meet obligations that apply to all tenants.
(c) CIDNY 2012, 2016

20. How to Recognize Discrimination
Landlords CANNOT refuse to rent because of your disability unless you cannot meet obligations that apply to all tenants. BUT:
A landlord’s conclusion that you cannot meet obligations must be based on recent, credible evidence.
Your landlord must consider any evidence that past failures to meet obligations were related to your disability and are not likely to be repeated.
If a reasonable accommodation would let you meet general obligations, a landlord can’t reject your application because you can’t comply with those obligations.
For instance, if your disability prevents you from delivering rent in person, your landlord must allow you to deliver rent by mail.
(c) CIDNY 2012, 2016

21. How to Recognize Discrimination
Landlords can refuse to rent because of your disability if you present a direct threat to the health or safety of others or substantial damage to the property of others would occur. BUT:
A landlord’s conclusion that you pose a threat to persons or property must be based on recent, credible evidence.
Your landlord must consider any evidence that past conduct was related to your disability and is not likely to be repeated.
If a reasonable accommodation would let you eliminate the threat, a landlord can’t reject your application based on the threat.
(c) CIDNY 2012, 2016

22. How to Recognize Discrimination
It is discrimination if a landlord refuses to offer you the same rental agreement offered to other tenants.
A landlord CANNOT charge you extra money or include extra requirements in your lease because of your disability. For example:
You may NOT be required to pay an extra security deposit because you use a wheelchair.
A landlord may NOT require you to have a caretaker live with you.
A landlord may NOT require you to sign more or broader liability waivers than are required of other tenants.
(c) CIDNY 2012, 2016

23. Summary of Discriminatory Acts
A landlord refuses to offer you the same rental agreement offered to other tenants.
A landlord charges you extra money or include extra requirements in your lease because of your disability.
A landlord asks questions about your disability and/or medical condition.
A landlord refuses your request for a reasonable accommodation or modification.
(c) CIDNY 2012, 2016

24. For More Information Contact:
ESTER BENJAMIN, Olmstead Housing Specialist at
ZOLA MENDOZA Olmstead Housing Specialist at
CIDNY
841 Broadway, Ste. 301
New York, NY
(c) CIDNY 2012, 2016

25. Your Fair Housing Rights – How to Challenge Discrimination
A presentation by Center for Independence of the Disabled, NY
(c) CIDNY 2012, 2016 25

26. Options for Challenging Fair Housing Act Violations
Use your landlord’s internal grievance procedures
File an administrative complaint with HUD.
File a lawsuit in federal civil court
Contact the NYC Commission on Human Rights and the NYC Department of Housing Preservation and Development.
Contact the Department of Justice
Use the Fair Housing Act requirements as a defense to an eviction proceeding
Seek out a pro bono attorney
(c) CIDNY 2012, 2016

27. Filing a Complaint with HUD
Go to
Contact your nearest HUD Fair Housing and Equal Opportunity (FHEO) field office or use HUD’s toll-free complaint hotline:
; TDD
Request HUD Form 903.1, a housing discrimination information form
Complete the form as clearly and fully as possible
Include all relevant dates
Explain what happened to you that you believe to be discriminatory and why
(c) CIDNY 2012, 2016

28. Filing a Complaint with HUD
Consider seeking a lawyer or advocate for help (see Resources slide)
Keep copies of the form and all related documentation
You MUST file your complaint within one year of the discrimination
HUD should investigate your complaint within 100 days
HUD may forward your complaint to a state or local office for investigation
HUD may try to negotiate an agreement between you and the landlord
(c) CIDNY 2012, 2016

29. Filing a Complaint with HUD
If no agreement is reached between you and the landlord, HUD will issue a final report on whether there is reasonable cause to believe discrimination occurred
If HUD concludes that there is reasonable cause, it will issue a charge of discrimination
Once the charge of discrimination is issued, either you or the landlord can move the case to federal court within 20 days
If the case goes to court, you will be represented by the Department of Justice
If the case does not go to court, it will be heard before an administrative judge within 120 days – HUD attorneys will represent you
(c) CIDNY 2012, 2016

30. Filing a Lawsuit in Federal Court
Instead of filing a complaint with HUD, you may choose to file a lawsuit directly in federal court
You must file your complaint within two years of the discrimination
If you choose to file a lawsuit, it is best to be represented by a lawyer
If you cannot afford a lawyer, the judge may – but is not required to – appoint a lawyer to represent you
You may be able to find a lawyer who will take your case without advance payment (see Resources section)
If your claim is successful, the defendant may have to pay your attorney’s fees
(c) CIDNY 2012, 2016

31. Tips for Success Document, document, document!
Whenever possible, put communications with your landlord in writing
Ask that your landlord put communications to you in writing
Make notes about any conversations with your landlord, including time and date
Save relevant documents, like rental agreements and rental applications
Don’t wait too long to complain
Seek guidance from a lawyer or other advocate
(c) CIDNY 2012, 2016

32. Resources
Center for Independence of the Disabled, NY (CIDNY - Queens) Kew Gardens Road, Suite 107 Kew Gardens, NY Fair Housing Justice Center 5 Hanover Square, 17th Floor New York, NY Long Island Housing Services, Inc. 640 Johnson Ave, #8 Bohemia, NY (Suffolk); (Nassau) Housing Works Legal Services 320 West 13th Street New York, NY
Urban Justice Center
123 William Street
New York, NY 10038
Association of the Bar of the City of New York
Legal Referral Service Hotline
(c) CIDNY 2012, 2016