Understanding Discrimination: Intro to Fair Housing and Disability
Fair housing laws protect tenants from discrimination based on disabilities.
Applicable Federal, State, and Local Laws
Housing providers need to follow the laws.
| Name | Notes | Regulated By |
|---|---|---|
| Fair Housing Act (FHA) of 1968 |
|
U.S. Department of Housing and Urban Development (“HUD”). |
| Section 504 Rehabilitation Act of 1973 |
|
U.S. Department of Housing and Urban Development (“HUD”). |
| Americans with Disabilities Act (ADA) |
|
U.S. Department of Justice (“DOJ”). |
| Illinois Human Rights Act (IHRA) |
|
Illinois Department of Human Rights (“IDHR”). |
| Cook County Human Rights Ordinance |
|
Cook County Commission on Human Rights |
Who is a person with a disability?
A disability can be physical or mental. A person has a disability if the condition “substantially limits at least one major life activity.” Major life activities include walking, hearing, seeing, working, or learning. The Fair Housing Act, 42 U.S.C. §3602(h)(1).
If others see you as having a disability, even if you don't have one, you can still be considered disabled under the law. Also, if there's proof that you had a disability in the past, you're still protected by the civil rights law. For further examples, click here.
Fair Housing laws prohibit discriminatory acts like:
- Charging higher rent, fees, or security deposits for tenants with disabilities.
- Refusing a request for reasonable modification like installing wheelchair ramps or widening doorways.
- Refusing a tenant to keep their service animal.
- Denying a reasonable accommodation request.
- Saying discriminatory statements based on the tenant's disability.
You have the right to file a complaint and protect your legal rights.
Tenants with disabilities can also ask for reasonable accommodations and modifications. For more information, click here.
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