1. The Major Issues Regarding Fair Housing Laws
A presentation by Center for Independence of the Disabled, NY
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2. The Major Issues Regarding Fair Housing Laws
People with disabilities are protected against housing
discrimination by several Fair Housing Laws (FHL):
the Fair Housing Act;
Americans with Disability Act, Title III;
the New York State Human Rights Law;
the New York City Human Rights Law.
There are two other laws that protect people with disabilities but that will not be discussed in this power point – Section 504 and NYC Building Codes.
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3. Definitions What groups of people are covered by the FHL?
People of different race, ethnicity, sex, religion, familial status, and disability.
What is a “disability ”?
Each FHL has its own definition. Basically disability is defined as a physical or mental impairment that substantially limits a major life activity. Disability also includes those individuals who have any history of a disability or who may still suffer discrimination based on perceived disability due to ignorance or negative reaction to their impairment.
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4. Definitions
The term “substantially limits” suggests that the limitation is “significant” or “to a large degree.” In short, it’s an impairment that must be sufficiently severe and sufficiently long-term to rise to the level of disability, but it need not be permanent.
The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning and speaking.
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5. Definitions What exactly is a reasonable accommodation?
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 a dwelling unit or common space. For example making an exception to a no pet rule. And, accommodations also include physical modifications, such as ramps.
Common use areas means rooms, spaces, or elements inside or outside of a building that are made available for the use of residents of a building or their guests.
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6. Definitions
Covered multifamily dwellings means buildings consisting of six or more dwellings (under the ADA), four or more dwelling units (under the FHA) or three or more (under NYS & NYC HRL) if such buildings have one or more elevators; and all ground floor dwelling units in other buildings consist of six or more (under the ADA), four or more (under FHA) or three or more (under NYS & NYC HRL) dwellings units.
Dwelling units means a single unit of residence for a household of one or more people.
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7. Major Issues Regarding Fair Housing Laws
What is housing discrimination against people with
disabilities?
You discriminate against a tenant if you:
Deny access when renting, selling or leasing because of his/her disability; and/or
Refuse to make any reasonable accommodation or modification.
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8. Major Issues Regarding Fair Housing Laws
Can a landlord ask about a tenant’s disability?
No, unless the tenant is applying for housing designated for people with disabilities or if the tenant is asking for an accommodation. The landlord should never ask for the tenant’s medical records or require that the tenant prove that he/she can live independently.
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9. Major Issues Regarding Fair Housing Laws
How should a tenant ask for a reasonable accommodation?
If at all possible, the tenant should make his/her request in writing so that there is documentation to show that a request was made and when it was made. However, it is not required to be in writing.
The request should include an explanation of the change sought and how that change is related to his/her disability. If the disability is not obvious, you may ask for documentation from his/her doctor or other professional saying that he/she have a disability and that he/she needs the accommodation sought.
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10. Major Issues Regarding Fair Housing Laws
Can a landlord deny a tenant’s request for a reasonable accommodation to his/her apartment or the common area?
No, not if the accommodation is reasonable and related to the tenant’s disability. However, if the modifications would fundamentally alter the nature of the facilities, privileges, advantages, or other accommodations a landlord can refuse to make an accommodation.
For example, if a tenant is seeking an elevator in a building that cannot structurally support the elevator but perhaps ramps would meet the accommodation. Or if a tenant wants central air conditioning but the building structure does not allow for it then window units can be offered.
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11. Major Issues Regarding Fair Housing Laws
If the tenant didn’t ask for an accommodation when he/she applied for the apartment, is it too late to ask for it now that he/she already lives in the apartment?
No. He/she can ask for an accommodation at any time.
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12. Major Issues Regarding Fair Housing Laws
A tenant has a mobility impairment that makes it difficult for him/her to walk long distances, but the apartment complex does not have assigned parking spaces. Is the landlord responsible to assign him/her a parking space near the entrance of his/her unit?
Yes. If he/she requests an accessible parking space near the entrance of his/her unit, and there are available parking spaces, the landlord should make a parking space available as an accommodation. If your landlord denies the request, they are violating housing laws.
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13. For More Information Lourdes I. Rosa-Carrasquillo, Esq.
Director of Advocacy
Center for Independence of the Disabled, NY (CIDNY - Queens)
80-02 Kew Gardens Road, Suite 107
Kew Gardens, NY
(voice)
(VP)
(c) CIDNY 2012