The Fair Housing Amendments Act of 1988
New housing opportunities and protections are now available to countless numbers of people with disabilities and their families as a result of the Fair housing Amendments of 1988. All housing providers, real estate agents, lenders and appraisers are obligated to provide equal service to this previously under-served group. In addition to protecting consumers with disabilities, this law opens up an important new market to the housing industry. This brochure highlights the scope of the law; who is covered,; steps the housing industry must take to comply with the law; and remedies that are available to consumers when violations of the Law occur.
By making individuals with disabilities a member of a protected class, these Fair Housing Amendments expands the housing opportunities both in types of housing and locations of housing to people with disabilities. This Law will allow individuals with disabilities and their families a greater range of housing options than were previously available.
The Fair Housing Amendments Act of 1988 provides previously unavailable housing rights protection to people with physical or mental disabilities and to families with a disabled member who are seeking housing.
The Fair Housing Act prohibits discrimination in housing because of disability, race or color, national origin, religion and familial status. Familial status includes children under 18 years of age who live with their parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.
Under the Fair housing Act, disability is defined as a person having a physical or mental impairment, which substantially limits one or more activities of daily living, has a record of such an impairment, or is perceived as having such an impairment. Disability includes individuals with mobility impairments, sensory impairments, chronic illness, mental illness, mental retardation, chronic alcoholism, AIDS/HIV, and those who have recovered from illegal substance abuse. The law does not protect individuals who are actively using illegal controlled substances.
Fair Housing covers all housing with the following exceptions:
1. Owner occupied buildings with no more than four (4) units.
2. Single-family homes sold or rented without use of a broker.
3. Housing operated by organizations or private clubs where availability of the housing is limited to members of the organization or club.
What Types of Discrimination are Prohibited?The Fair Housing prohibits all of the following types of actions in the sale or rental of housing based on a person's race, color, national origin, religion, familial status or disability:
1. Refusing to rent or sell a home or condo.
2. Refusing to negotiate for housing.
3. Telling someone that housing is unavailable when it is available or denying someone a dwelling.
4. Setting different terms, conditions or privileges for sale or rental of housing.
5. Denying services to someone because of their disability; or providing different, less effective housing services or facilities.
6. Denying that housing is available for inspection, sale or rental when in fact it is.
7. Encouraging block busting by persuading owners to sell or rent housing for a profit to prevent individuals with disabilities from purchasing or renting in a certain area.
8. Denying anyone access to or membership in a facility or service such as a multiple listing, which is related to the sale or rental of housing.
9. Showing members of protected classes only one type of housing or housing in one particular area.
The Act also prohibits discriminatory actions in areas related to housing such as lending and appraisal. The following actions concerning mortgage lending for people with disabilities and other protected groups are prohibited:
1. Refusing to make a loan.
2. Refusing to provide information regarding loans.
3. Requiring different terms or conditions to obtain a loan.
4. Discriminating in appraisals of property.
5. Refusing to purchase a note, or setting different terms or conditions for purchasing a loan.
In addition, it is illegal for anyone to threaten, coerce, intimidate, or otherwise interfere with anyone exercising their rights to fair housing or persons assisting individuals to exercise their rights.
It is also illegal in advertising housing to make any statements that indicate limits or preferences based on race, color, national origin, religion, familial status, or disability. For example, when advertising for individuals with an active lifestyle, within easy walking distance, could be considered offensive to these individuals.
The Fair Housing Amendment Act of 1988 extended housing rights to protections available to other protected classes of individuals to people with disabilities. However, it also addressed the provision of housing services in an equitable manner to this segment of the population; the adaptation of existing housing to meet the specific accessibility needs of the individuals with the disability; and future consideration of multi-family housing to provide menial accessibility.
In addition to not discriminating against people with disabilities and families with a disabled member, real estate agents, lenders, property managers, and appraisers must provide these individuals with reasonable accommodations in their policies, practice and services. A reasonable accommodation is a change in the way another service is provided or an activity is conducted which will allow an otherwise qualified individual to participate in a housing facility, service or program. Reasonable accommodations include:
1. Mailing applicants or taking applications by phone from individuals who are unable to come into the real estate or management office.
2. Allowing a person with a disability to have an assisting animal, such as a Seeing Eye dog, regardless of the building's policy regarding pets. (Under the law, assisting animals are not considered pets.)
3. Having leases available on tape or in Braille for individuals with visual impairments.
4. Making arrangements to meet an individual at a property rather than at an inaccessible property.
5. Making arrangement for activities such as interviews, lease signing, or mortgage closing in an accessible location.
6. Using sign language interpreters in dealing with hearing impaired individuals.
7. Providing an individual with a disability with a handicapped accessible parking space regardless of first come, first served parking policies.
Landlords or real estate agents are not required to establish specialized programs for people with disabilities that are not provided for non-disabled residents; or which change the fundamental nature of the housing, the housing program, or the housing service being provided.
In selling or renting housing, landlords or real estate agents may not ask extensive questions regarding an individuals specific disability; nor may they use information related to a specific disability in deciding whether or not to rent or sell to a specific individual. Questions regarding disability should be sensitive and non-intrusive with a view to determining what, if any, reasonable accommodations will be needed to serve the individual.
The Fair Housing Act addresses the need for accessibility modifications in existing housing by prohibiting landlords from denying individuals with disabilities the right or permission to make needed modifications to their apartments at their own expense. Landlords have the right to have modifications made in a workmanlike manner and conform to local building codes. For certain interior modifications, a landlord may require the establishment of a fund to return the apartment to its original condition when the resident moves, unless the next resident could benefit from the modification. The amount of the fund must be reasonable, and if it is not reasonable, this action is considered discriminatory.
The Fair Housing Act dealt with newly constructed multi-family housing by requiring that buildings with four (4) or more units which are ready for occupancy after March 13, 1991 follow accessibility guidelines contained in the Act. In this way all new construction eventually will contain a minimal level of accessibility for individuals with disabilities. This minimal accessibility also will make future modification to the units for specific needs easier.
An accessible entrance on an accessible route.
Public and common use areas that are accessible to and usable by these individuals.
Doors into and through units that will allow for the passage of a wheelchair.
An accessible route through the dwelling unit.
Light switches, outlets, thermostats, and other environmental controls at a height that can be reached by someone using a wheelchair.
Reinforcement in bathroom walls to allow for the future installation of grab bars if needed.
Usable kitchens and bathrooms.
In buildings that have an elevator, the guidelines apply to all dwelling units in the building, which are served by the elevator. If there is no elevator, only those units on the ground level must meet the accessibility design guidelines.
The guidelines established through Fair Housing do not eliminate the need to comply with local or state requirements that require more stringent accessibility.
The Fair Housing Amendments Act is endorsed by the U. S. Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity through a complaint process or through filing a lawsuit in Federal District Court.
If an individual believes that his or her rights have been violated, the individual may file a complaint with HUD within one year of the date of the alleged violation. The complaint may be filed by phone, letter, or using forms available from HUD. Individuals are encouraged to file a complaint with HUD even if they choose to take the matter to court. Court suits may be filed within two years of the alleged discrimination. An individual may choose to go to court at any point during the complaint process. Court cases can be filed whether or not a complaint has been filed with HUD.
Once a protected person has filed a complaint, the housing provider will be notified, and given the opportunity to answer the complaint within 10 days. HUD will then investigate whether a violation has occurred. Efforts will be made to reach a conciliation agreement between the housing provider and the complainant. Conciliation agreements are both formal and binding. If the agreement is broken, the matter can be taken to court.
In cases where no agreement is reached, and where the investigation determines that there is a basis for a discrimination complaint, the case may be referred to an Administrative Law Judge or a suit may be filed in Federal District Court.
In emergency situations, HUD may authorize the Attorney General to go to court to grant preliminary relief pending the outcome of the complaint. Such relief would be requested if irreparable harm would occur to the individual filing the complaint, and if there were evidence of substantial violation of the Act.
Cases heard by an Administrative Law Judge are decided based on the written record without a hearing, unless one is requested. A decision must be made within 60 days. If no discrimination is found, the case will be dismissed. The judge may order the discriminatory activity ceased. Monetary damages related to attorney fees and penalties may be assessed. The decision of a judge is final unless HUD decides to review. HUD's decision is final.
In cases where the complainant chooses to file suit in court, the court may order that the discriminatory activity cease, and can award fines, penalties and punitive damages for the pain, suffering, and humiliation caused by the discrimination. Cases cannot be taken to court if there is a conciliation agreement in place that has not been broken, or if an Administrative Law Judge is considering the case.
In all cases where a complaint is being filed, it is desirable to have as much information documented as possible to support the case that discriminatory activity has occurred. Individuals are encouraged to keep good records of contacts that pertain to the complaint.
While it introduces many new obligations, it also offers opportunities for both people with disabilities and their families, as well as for housing providers.
It provides expanded opportunities in the types of housing available and the locations of housing. Fair housing ensures that people with disabilities will receive equitable treatment with their non-disabled counterparts.
Hopefully, fair housing will lead to judging individuals based on their abilities to afford housing and be good neighbors, rather than on outdated stereotypes and erroneous assumptions regarding their ability to live independently.
For the housing industry, housing for individuals with disabilities and families with a disabled member is a new and largely under served market.
Housing providers should consider the following when developing new projects, or marketing existing projects, whether the projects are for purchase or rental:
People with disabilities are among the fastest growing segments of the population, and the number of people experiencing disabling conditions will increase with the average age of population.
Current accessible housing serves, at best, one (1) % of the needs of this population. Therefore, this population is an emerging housing market to consider.
Costs of accessible housing design features are minimal especially when included from the outset of a project. When well designed, accessibility features can be an asset and selling point for housing.
Their families tend to be stable long-term residents who will contribute significantly to community vitality and growth.
In conclusion, Fair Housing for people with disabilities is more than the law. It's good business, and a positive contribution to the quality of community life at large.
United States Department of Housing and Urban Development
Office of Fair Housing and Equal Opportunity
1-800-424-8590
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