Discrimination and Disabilities: What is a Disability?

If someone has a disability, it means they have:  

  • A physical or mental impairment that limits one or more life activities, or 
  • A history of such impairment, or
  • Is regarded as having such impairment. 

42 USC Section 3602(h)

Examples of Disability:

  • Apparent Disability: A disability that can be easily seen. 
    • Someone with a hearing aid or someone who uses a wheelchair has an apparent disability.
  • Non-Apparent Disability: A disability that cannot be easily seen. Landlords need to treat non-apparent disabilities as the same as apparent disabilities.
    • People with intellectual disabilities, chronic pain or fatigue, mental health disabilities, and learning disabilities have non-apparent disabilities.
    • People who have AIDS/HIV
    • People who are obese
    • People recovering from substance or alcohol abuse. If someone is currently using drugs or drinking too much, then they are NOT covered by fair housing laws.
  • Other: A person who has visible scarring may be considered disabled if treated differently because of that trait. 

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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