FA IR H O U SIN G€¦ · g ove rnm ent to rem ove architectural and attitudinal barriers. The A dvocacy Pro g ram also works for equal access to all modes of trans p o rtation, com

FAI R HOUSINGH ow to Make the Law Wo rk for Yo u

P A R A L Y Z E D V E T E R A N S O F A M E R I C A


Left cover photo courtesy of James Lieke.

Table of ContentsA Word from the Paralyzed Veterans of America ........................1

Introduction ..................................................................................2

The Law ........................................................................................4

The Regulations............................................................................5

Enforcement and Compliance ......................................................9

Summary ....................................................................................15

Fair Housing Amendments Act: Questions and Answers ..............................................................17

Some Helpful Terms and Resource Information........................21

Copyright 1998 by the Paralyzed Veterans of AmericaAll rights reserved. No part of this publication may be reproduced or transmitted in any

form or by any means without permission in writing from the Paralyzed Veterans of America, 801 Eighteenth Street, NW, Washington, DC 20006.

This publication provides helpful information on the subject matter covered. Howeve r, it is distribu t e d with theunderstanding that the publisher is not engaged in rendering legal, accounting, or other professional service.

If legal advice is required, the services of a competent professional should be sought.

F a i r H o u s i n g : H o w t o M a k e t h e L a w W o r k f o r Y o u

1

FOR MORE THAN 50Y E A R S , THE PA R A LY Z E DVETERANS OF A M E R I C A ,

a national veterans service orga n i z a t i o n ,has been at the forefront of ensuringquality health care and rehabilitation forits members—veterans of the armedforces who have experienced s p i n a lcord injury or disease. PVA is also anadvocate for:

• Research and educationadd r e s s i n g spinal cord injuryand disease;

• Benefits available to ourmembers and other veteransas a result of their militarys e rvice; and

• Civil rights and opportunitiesthat maximize the indepen-dence of our members andothers with a disability.

In addition, PVA, through itsNational A d vo c a cy Program, strive st o promote and protect the legalrights of people with disabilities.The Program does this by wo r k i n gwith agencies and organizations atfederal, state, and local levels of

g ove rnment to remove architecturaland attitudinal barriers. TheAdvocacy Program also works forequal access to all modes oftransp o rtation, comments on andmonitors federal legislation andregulations that affect people withdisabilities, and strives to protectthe rights of individuals with dis-abilities when they attempt to rentor own housing.

One example of the program’ssuccess is the passage of the FairHousing Amendments Act of 1988.Through the Advocacy Program,PVA lobbied Congress and theDepartment of Housing and UrbanD evelopment (HUD) to get the billpassed and regulations implemented.The law, which became eff e c t ive onMarch 12, 1989, protects peoplew i t h disabilities in the sale or rentalof housing.

As part of its work to ensurethat all Americans have equala c c e s s to housing, PVA has createdthis publication to explain the rightsof and remedies for all indiv i d u a l swith disabilities when they seekhousing opport u n i t i e s .

A Word From the

Paralyzed Veterans of America


2

What does “fair housing”m e a n ?

M aybe the following story willhelp you to understand.

S everal years ago, Bob set outto look for his first apartment.Being a wheelchair user, Bobneeded a place that could accom-modate his wh e e l c h a i r. Like otherpeople, Bob searched throughnewspaper ads and drove by a fewplaces. Then he found one thatl o o ked really nice. It was a gr o u n dfloor apartment, not too far fromhis job, and it had only one step to

the front door. The step was aminor barrier that could be dealtwith by constructing a small ramp.He filled out an application andarranged for an interview with theapartment manager.

When Bob arrived for hisinterview, the apartment managerbegan to ask questions that madeBob feel uncomfortable: “What will you do if there is a fi r e ? ”“How will you get your groceriesinto the apartment?” “What willhappen if you fall out of yourwheelchair?” “Won’t you have aproblem getting over that step?”

Bob assured the manager thatif there was a fire, he’d haveenough sense to leave the apart-ment. He could manage his gro-ceries and getting in and out of hischair on his own. As for the step,Bob told the manager that heintended to pay someone, out ofhis own pocket, to build a smallramp. The manager took the appli-cation and told Bob that someonewould call to let him know if hisapplication had been approved.

Introduction

Accessible entrance ways,such as ramps provided

to elev a t o rs, are re q u i re din new construction

by the Fair HousingAmendments Act.


3After several days had passed,Bob called back and was told theapartment had been rented. Hewas also informed that the companythat owned the building would notallow the addition to the structurein the form of a ramp. It believedthe ramp was a potential safetyhazard and would also bother theother tenants.

W hy isn’t there a law ag a i n s tthis type of discrimination?

Unfortunately for Bob, hebegan his apartment search beforethe 1988 Fair Housing A m e n d m e n t sAct passed. When he began search-i n g , there was no protection aga i n s tthis type of discrimination unlessthe apartment building receive dsome form of federal financialassistance or the state or localhousing antidiscrimination lawprotected people with disabilities.

Now, Bob and other peoplewith disabilities have protectionfrom discrimination in the sale orrental of housing. The law thatprovides this protection, the FairHousing Amendments Act of 1988(FHAA), was signed into law onSeptember 13, 1988, and wentinto effect on March 12, 1989.People like you and Bob hold thekey to this law ’s success in openingup new housing opport u n i t i e s .

The federal government can-not p o s s i bly look at eve ry housinga c t iv i t y going on across the nation.Because of this, discrimination byhousing providers often goesundetected and uncorrected. Thismeans the federal governmentrelies on you, the individual, toraise concerns and file complaintsor sue if you believe your rightshave been violated.

Installing mailboxesat varying heightsmakes it easierfor an apartment com-plex to accommodatea tenant’s need toreceive mail.


4

TO UNDERSTAND THEFAIR HOUSINGAMENDMENTS ACT,

let’s look at the original 1968 FairHousing Act.1 Title VIII of thisstatute prohibits discrimination inhousing sales, rentals, or financingbased on:

• Race;

• Color;

• Religion;

• Sex; or

• National origin.

The 1988 FHAA added handicapand familial status to this list. TheFHAA defines “handicap” withrespect to a person as:

1 . P hysical or mental impairm e n tthat substantially limits one ormore of such person’s majorlife activities;

2. A record of having such animpairment; or

3. Being regarded as having suchan impairment, but such termdoes not include current, illega luse of or addiction to a con-trolled substance (as defined inSection 102 of the ControlledSubstances Act, 21 U.S.C. 802).2

This is the same definitionused in the Rehabilitation Act of1973. If you use a wheelchair orother mobility device, or require as e rv i c e animal or personal-careattendant, this law protects youfrom housing discrimination. Ifyou have a record of a mental orphysical disability or you aretreated as if you have such animpairment, you are covered also.People who currently illegally usedrugs are NOT covered.

The Law

It is unlawful todiscriminate against

people because they havechildren or because they

have a disability.

1Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601 et seq.2Fair Housing Amendments Act of 1988, 42 U.S.C. 3602.


5

ALAW OR STATUTE ISWRITTEN IN GENERALterms, which are usually

broad statements of what should bedone. To make a law apply to day -t o - d ay situations, those federalagencies affected by a new law mustdevelop a set of specific rules,called regulations.

The FHAA stresses the role ofthe Department of Housing andUrban Development (HUD) as thelead federal agency. HUD investi-gates complaints filed under theFHAA. HUD also administers andenforces the FHAA. The spec i fi croles and processes of enforcementa r e explained in HUD’s regul a t i o n sfor carrying out the FHAA.3

The four major sections ofthese regulations are:

• Prohibited actions;

• Reasonable accommodation;

• Accessibility requirements forexisting and new constru c t i o n ;

• Enforcement and compliance.

P rohibited A c t i o n sProhibited actions are activ i t i e s

specifically forbidden under theFHAA. For example, refusing tosell or rent to a person because heor she has a disability is against thel aw. Also, a landlord may not haveone lease for people with disabilitiesand another for other a p p l i c a n t s .These actions are illega l .

R e a s o n a ble A c c o m m o d a t i o nReasonable accommodation

was first established under Section504 of the Rehabilitation Act. The fair housing regulation makes itu n l awful for a landlord or hous-i n g p r ovider to refuse to make rea-

The Regulations

3 Federal Reg. 3232 (January 23, 1989)(codified at 24 CFR Part 14 et al.).

Accessibility in thekitchen can be onearea that promotesa greater sense of

worth not only forpeople with disabilities but fortheir families as well.


6 s o n a ble changes in rules, policies,services, or practices when theseaccommodations are necessary toa l l ow a person with a disability anequal opportunity to use and enjoythe housing.

For example, an apartmentbuilding provides parking for ten-ants on a first-come, first-servedbasis. It would be considered a rea-sonable accommodation to requirethe landlord to change this policyto provide reserved parking spaces,close to an accessible route, fortenants with mobility impairments.

Accessibility Requirements f o rExisting Structur e s

Accessibility requirements forexisting and new structures are thebasic designs that allow peoplewith disabilities access to and useof housing. People with

d i s a b i l i t i e s understand the need tomake personal modifications totheir living e nvironments. T h e s em o d i fications are often specifi c a l lytailored to the individual’s needs;thus, the law requires that landlordsallow tenants to make reasonablechanges or modifications to theirunits. These modifications may bemade to the interior of the tenant’sunit and to common areas wheret h ey are necessary. The tenant mustp ay the cost for modifications unlessthe housing provider receives fundingfrom the federal government.

Examples of modifications:

• Installing grab bars in thebathroom;

• Lowering or removing kitchencabinets;

• Installing a visual door bellor fire alarm;

• Removing a bathtub to installa roll-in shower; or

• Widening a doorway to thebuilding laundry room.

Also, the law allows the land-lord to set the following conditionsbefore giving permission formodifications:

1 . The tenant agrees to restore theunit to its prior condition, ex c e p tfor ordinary wear and tear;

Appropriatemodifications

to a bathroom g i v ethe resident full

use and enjoymentof the home.


72 . The tenant provides a reason-

a bl e description of the proposedmodifications; and

3 . The tenant provides reasonabl eassurance that the work will bedone in a wo r k m a n l i ke mannerand that all building permitswill be obtained.

Under no circumstances canthe landlord require people withdisabilities to pay an additionalsecurity deposit or sign a differentlease. In cases where extensivem o d i fications are made, the landlordmay require the tenant to putenough money into an escrowa ccount to cover the cost of restoringthe interior premises to their originalcondition. The amount and termsof such an account are d e t e rm i n e don a case-by-case basis. An escrowaccount is not meant to be used todiscourage anyo n e from renting ormodifying an apartment to meethis or her needs.

There are three classificationsof modifications.

1. Those that will not have to berestored. For example, thedoorway to a laundry room,widened to allow access, wo u l dnot have to be restored sincethe widened doorway would nota ffect the use of the laundryroom by other tenants.

2. Those that will need to berestored to the original conditionbut do not require the establ i s h-m e n t of an escrow account. Fo rexample, an under-the-sinkcabinet that had been removedwould need to be replacedbecause the next tenant couldwant the storage space. Sincethe cost to replace the cabinetwould not be excessive, anescrow account would not beneeded.

3. Those that will need to berestored and are relativelyexpensive and, therefore, mayrequire an escrow account.For example, a roll-in showerwould have to be r e m oved anda bathtub reinstalled. Becauseof the cost associated withrestoring the bathroom to itsoriginal condition, an escrowaccount may be required.

Removing cabinets undercounters makes anenormous difference inusing kitchens and baths.


8N ew Construction

N ew ly constructed (ready forfirst occupancy after March 13,1991) m u l t i fa m i ly dwellings withfour or more units must p r ov i d ebasic accessibility for people withd i s a b i l i t i e s . The law requires eachbuilding to have at least one bu i l d i n gentrance on an a c c e s s i ble route.P u blic areas (such as a lobby) andcommon-use areas (such as aswimming pool) must be readilya c c e s s i ble to and usable by peoplew i t h disabilities. In addition, alldoors within the building must bewide enough to allow a personusing a wheelchair in or out. Eachunit in the building should have:

• An accessible route into andthrough it;

• Light switches, thermostats,and other controls located low

enough for aperson using awheelchair toreach them;

• Sufficientreinforcement(studs) in thebathroom wa l l sto allow atenant to installgrab bars wh e r eneeded; a n d

• Kitchens and bathroomsdesigned so that a wheelchairuser can maneuver within thespace.

For buildings without eleva t o r s ,o n ly the ground floor units needto provide these features. Inbuildings with elevators, everyunit must include these adaptivedesign features.

ANSI 117.1, the Fair HousingAccessibility Guidelines, and theAmericans with Disabilities Act(ADA) provide frameworks formeeting these requirements.

A Note about Renov a t i o n sThe FHAA does not require

buildings occupied before March13, 1991, to make public and c o m-mon-use areas accessible duringrenovations. However, Title III ofthe Americans with Disabilities A c tdoes require removal of barr i e r s i nareas of public accommodation—such as the rental or sales offi c e —if it is readily achieva bl e .

Installing braillesignage and an

elevator thataudibly denotes thefloors is important

for ensuring accessi-bility for someonewho has a visual

impairment.


9

THE FHAA IS A CIVILRIGHTS LAW. AS WITHall civil rights laws, its

enforcement and compliancerequire the involvement of indi-viduals who are willing to standup for their rights and call atten-tion to possible violations. In otherwords, unless individuals wh o arediscriminated against complain,progress in housing will dependon voluntary compliance by land-lords or action by the federal gov-ernment through HUD.

The FHAA covers both pri-va t e ly owned housing and housingsubsidized by federal funds.P r o p e rty owners, landlords, housingmanagers, real estate agents, bro-ke r a g e service agencies, andbanks have to comply with theFHAA. As you can see, there areliterally thousands of housingdevelopments and providers thatmust comply. Without the help ofpeople who are aff e c t e d, the federalgovernment cannot possibly super-vise all of the covered entities.

The Complaint Pr o c e s sFiling a Complaint. If you

believe you have been deniedhousing because of your disability,you may file an administrativecomplaint with HUD or a lawsuitin state or federal court.

A d m i n i s t r a t ive complaints mustbe made within one year of the dateon which the discriminatory actoccurred or terminated.

• Example 1: You have a visualimpairment and have asked tobe s h own an apartment. T h emanager tells you that there arecurrently none available. Youask to be placed on a wa i t i n glist for the first ava i l a bl e unitand she agrees to notify you.The next week, you learn thatan apartment was available atthe time of your visit and that itwas rented to the next applicant.This is a clear case of discrimi-n a t i o n , and you can file a com-p l a i n t up to one year after theday you asked to tour the unit.

Enforcement and Compliance


10 • Example 2: You have had anongoing complaint with themanagement of your residenceover accessible parking.Although you have workeddiligently to h ave a space setaside for your use in a complexwith a first-come, fi r s t - s e rve dp o l i cy, the management hass t e a d fa s t ly refused to accommo-d a t e you. A complaint can befiled at any time from the firstd ay the problem started through-o u t your eff o rts at resolution ifthe act was discriminatory.

D i s c r i m i n a t i o nSometimes recognizing dis-

crimination is easy. The rentalo ffi c e m i g h t tell you directly: “Wed o n ’t allow people with disabilitiesto live here.” But more often dis-crimination is subtle and diffi c u l tto recognize. Listed below aresome examples of less obviousdiscrimination.

• “You can’t live here, t h e r e ’sno one to take care of yo u .”

• “I’d like to rent to you, but myinsurance will go up.”

• “I can’t rent to you becauseyou’re deaf and can’t hearwhen the fire alarm goes off.”

• “I can’t sell you one of thehomes we’re building becauseyou will require too manyexpensive modifications.”

• “We have a ‘no pets’ rule andthat includes your guide dog.”

• “Since you were in an institu-tion, you won’t be safe livingby yourself.”

• “Since you used to be a drugaddict, I’m afraid you’ll be adanger to our other tenants.”

• “You won’t be able to get outof the apartment if there’s afire because you’re in awheelchair.”4

Any person who claims dis-crimination may file a complaint inperson, over the telephone, or bymail. If you file a complaint bytelephone, the HUD o ffice will putyour complaint in writing and sendit to you for signature. In such acase, the date of filing wo u l d bethe date of the phone call. If thestate or local area in which you liveh a s a fair housing law that is sub-s t a n t i a l ly equal to the federal law,you may file your complaint withthe agency assigned to enforcethese local laws. If you do notknow whether your state or local

4 What Does Fair Housing Mean to People with Disabilities? 1994, Bazelon Center for Mental Health Law, p.4.


11government has such a law, simplyfile your complaint with a HUDoffice. Whenever the complaintalleges discrimination within aj u r i s d i c t i o n that has a law equal tothe federal law, HUD will referthe complaint to the local agencyfor inve s t i ga t i o n .

Each complaint must containthe following inform a t i o n :

• The name and address of thecomplaining party;

• The name and address of theperson who committed thealleged violation;

• A description and address ofthe dwelling involved; and

• A concise statement of thefacts, including pertinent dates.

Be sure to keep a copy ofyour complaint and all documents,contracts, leases, brochures, orany other papers related to it.Describe as clearly and accuratelyas you can what you believe wasdiscriminatory, including all dates.

Lawsuits may be filed in fed-eral district court and must befiled within two years of the datethe discriminatory act took place.The FHAA does not require youto notify or file a complaint withHUD before filing a lawsuit. If

you file a complaint with HUD,you do not have to go through theentire administrative processbefore filing suit. If you cannotafford an attorney, the FHAAauthorizes the court to appoint alawyer to represent you.

If you want, you can file alawsuit and an administrativecomplaint with HUD. If youchoose to do this, the two process-es will continue until the lawsuitgoes to trial. Once the trialbegins, HUD must cease investi-gating the complaint. In somecases, at the discretion of thejudge, the trial date may bedeferred until the HUD investiga-tion has been completed.

HUD (or the local agency) isrequired to reasonably accommo-date or assist any individual whowishes to file a complaint throughevery step of the process. Forexample, the agency must providean interpreter as needed for peoplewith hearing impairments andbraille or taped materials for peoplewith visual impairments. Thea g e n cy must also provide assistancewith filing a complaint and ensurethat conferences or other meetingsare held in accessible buildings.


12

*Once the local agency’s fair housing law is determined to besubstantially equivalent.

C h o i c eM a d eWithin 20 Days

100 Daysof FilingC o m p l a i n t

Attempt atC o n c i l i a t i o n

Private rightof action upto 2 yearsafter thealleged act ofd i s c r i m i n a t i o no c c u rred oruntil thea d m i n i s t r a t i v ehearing hasb e g u n .

Within one yearof the alleged actof discrimination

No CauseNo Cause

Must ElectMust Elect

Case Brought

by HUD

Case Bro u g h tby HUD

Case Brought

by Dept. of Justice

Case Brought byDept. of Justice

Administrative

Law Judge

A d m i n i s t r a t i v eLaw Judge

Federal

District Court

Federal DistrictC o u rt

DecisionD e c i s i o n

Case ClosedCase Closed

Filing A

Complaint

Filing AC o m p l a i n t

HUDH U D Local AgencyLocal Agency*

Investigation

Enforced by

the Courts

E n f o rced bythe Court s

Successful

Conciliation

S u c c e s s f u lC o n c i l i a t i o n

Reasonable

Caused Issued

Reasonable Cause Issued

o r

I n v e s t i g a t i o n


13AS TANDARD COMPLAINT

F O R M IS PROVIDED AT THE

BACK OF THIS BOOKLET. IF YOU

FEEL YOU HAVE BEEN DISCRIMI-

NATED AGAINST, YOU MAY USE

THIS FORM TO FILE A COMPLAINT

WITH HUD. CHECK YOUR LOCAL

PHONE DIRECTORY FOR THE

ADDRESS AND PHONE NUMBER

OF THE NEAREST HUD OFFICE.

INFORMATION ON HOW TO

CONTACT HUD HEADQUARTERS

IS PROVIDED ON PAGE 23.

OTHER HELPFUL SOURCES ARE

ALSO PROVIDED AT PAGE 23.

Complaint Inv e s t i ga t i o nOnce HUD (or the local

a g e n cy) receives your complaint, aninvestigator will be assigned to thecase. At this point, an inve s t i ga t i o nwill begin to determine whetherthere is reasonable cause to believea discriminatory housing practicehas occurred. HUD must investi-gate all jurisdictional complaints.This investigation should be con-cluded within 100 days. If theinvestigation is not completedwithin this time, HUD must notify,in writing, the concerned partiesand state the reason for the delay.

During the inve s t i gation period,e ff o rts will be made to resolve thecase through conciliation (vo l u n t a rya greement). Once an agreement orsettlement is reached, HUD mayrequest that the agreement be

enforced by asking the Departmentof Justice (DOJ) to institute a civilsuit in federal court if either partydoes not honor the agreement.Also, the individual who filed thecomplaint may go directly to cour tto enforce the agreement.

If no agreement can be reached,upon conclusion of the inve s t i ga t i o nHUD will make a determination.If HUD does not find reasonablecause the complaint will be dis-missed. If HUD does find reason-a ble cause, a formal complaint willbe issued.

Where the state or localagency is acting to enforce its ownhousing discrimination law, HUDis required to defer its resolution ofthe complaint until it has beenr e s o l ved locally.

HUD Enfo rc e m e n tWhere there is proof that

housing discrimination hasoccurred, HUD will issue a chargeon behalf of the aggrieved personand become the plaintiff in the case.Within 20 days of HUD’s issuing acharge, either party can requestthat the case be filed in federaldistrict court. Also, either party canrequest a jury trial. If a court trialis requested, HUD will notify theAttorney General and theDepartment of Justice will prose-cute the case.


14 If the case does not go to court ,it will proceed through the adminis-t r a t ive process. Once this processhas begun, you cannot file suit inc o u rt. After a prehearing discove ryp e r i o d, the case will be presentedbefore an administrative law judge(ALJ) appointed by HUD. The A L Jis required to make a decision with-i n 60 days of the hearing. TheA L J ’s decision is just as binding asthe court’s, but the process is oftenquicker. As the court is subject toreview at the appellate level, theALJ is subject to review by theSecretary of HUD and, ultimately,the federal courts.

If the ALJ finds in your favo r,t h e following kinds of relief arepossible:

• An end to the discriminatoryhousing practice;

• Access to the dwelling;

• Reimbursement or payment ofyour out-of-pocket expensesand lawyer’s fees;

• Payment for damages, humilia-tion, or loss of civil rights; and

• Civil penalties ranging from$10,000 to $50,000.

Custom-designedclosets and storage

spaces make it easierfor someone with a

disability to organize the apartment.


15

THE INTENT OF THEFAIR H O U S I N GA M E N D M E N T S ACT

is to provide people with disabilitieswith enhanced opportunities to fi n dand e n j oy suitable housing. T h i sAct give s people with disabilitiesthe private right of action to enforcethe law and puts the federal gove rn-m e n t on the side of those who maysuffer from discrimination.

As you attempt to obtainhousing, if you feel something isnot right or if you think someonem i g h t be discriminating aga i n s tyou, ke e p a record of events. Thismay be done by keeping a simplediary summarizing conversationsand telephone calls. Keep copiesof letters or other materials relatedto the housing transaction. All thiscan be useful in an inve s t i ga t i o n,should one become necessary.

It is critical to remember thatfederal agencies are under increas-ing pressure to reduce their bu d g e t s .In addition, many officials whoare responsible for enforcing theFair Housing Amendments Act,

including HUD staff, may notrealize the specific needs of peoplewith disabilities. This means thate ff e c t ive realization of the goals oft h e Act will depend on your inputand direct action. Stay informedand raise your concerns when youb e l i eve you have been discriminatedagainst.

Other Laws Protecting theHousing Rights of P e o p l ewith Disab i l i t i e s

The FHAA is not the only lawprotecting your housing rights.Several other federal laws forbiddiscrimination based on disability.Many require buildings and facili-ties to be accessible. It is helpful toknow just how these laws protectyour rights. In some situations, oneof them may protect your housingrights more fully than the FHAA.Three of the most useful aredescribed below.

Summary


16 The A rch i t e c t u ra lBarriers Act of 1968

This law applies to buildingsand facilities that, after August 1968,are ow n e d, leased, or financed (part lyor entirely) with federal funds. T h i sincludes public housing. This A c trequires any new construction oralterations to meet the UniformFederal Accessibility Standardsf o u n d at 24 CFR Pa rt 40. Therequirements of § 504 of theRehabilitation Act of 1973 (24 CFRPart 8) may also have to be met.

Section 504 of the Rehabilitation Act of 1973This law forbids discrimination

on the basis of disability in any p r o-gram or activity that is conducted bythe federal government or thatreceives federal financial assistance.It covers a range of federally assistedprograms, such as e m p l oy m e n t ,education, housing, and health.Examples of housing that must meetSection 504 standards are publichousing, subsidized housing, andhousing that accepts federal rentalcertificates or vouchers.

Section 504 served as a modelfor the FHAA. The concept of rea-s o n a ble accommodation began underSection 504. A key difference isthat under Section 504, the propert yowner must pay for r e a s o n a bl em o d i fications to make a dwelling

unit accessible. However, Section504 applies only to housing thatreceives financial assistance fromthe federal gove rnment. It does nota p p ly to the priva t e housing market.

The Americans with Disabilities Act of 1990

The ADA is a comprehensivecivil rights statute that prohibitsdiscrimination against individualswith disabilities in employment,public services, public accommo-dations, transportation, andtelecommunications.

The FHAA, Section 504, andADA overlap in some areas. Forexample, if a town uses only its ow ntax money to create housing forc o nsumers with disabilities, Section504 would not apply to this housing.H oweve r, the housing would have tomeet FHAA and A DA requirements.

In addition, some nontraditionalhousing, such as shelters for peoplewho are homeless or who are victimsof abuse, are clearly covered by theADA. Some judges have beenreluctant to apply the FHAA toshelters because they are not consid-e r e d permanent housing. Drop-incenters for mental health care con-sumers are also covered by theADA, and the DOJ has determinedthat zoning board decisions aboutsuch centers and shelters mustcomply with the ADA.


17

I’m afraid to file a complaint.Do I have any protection if I file acomplaint?

Yes. No one can threaten or tryto stop you from exercising anyof your rights provided under theFHAA. FHAA also protects any-one who assists or encouragesothers to exercise their rightsunder the Act.

A re single-family homeo w n e rsseeking to sell or rent their homesexempt from FHAA?

No. The only exceptions are rarecases when a single-family home-owner is selling his or her homewithout agents or advertisements.Newly constructed single-familyhomes do not have to meet thenew construction requirementsunder the FHAA.

H ow are townhouses cov e re dunder this la w ?

In terms of purchase or rental ofa townhouse, a person with a dis-ability cannot be denied anopportunity to buy or rent. Aslong as all of the townhouses in adevelopment are single-level,they are covered by the FHAA.

However, HUD has taken theposition in its regulations thattownhouses generally do not m e e tthe definition of a multifamilydwelling. The accessibility stan-d a rds re q u i red of new constructionwould not apply to developmentswith more than one level with noelevator. However, if the personwith a disability is buying a tow n-house being constructed by ad eveloper and wishes to cover thecosts of accessibility modifi c a t i o n s ,then the developer cannot refuseto make such modifications.

A re individuals who have a h i s t o r yof drug or alcohol ad d i c t i o n p ro-tected under the FHAA?

People who have alcohol or drugaddictions as their disability arep rotected under FHAA. Howev e r,if their current use of the substanceis illegal or they are unable tomeet their obl i gations as a tenant,they could be denied housingbecause they are no longer consid-e red qualified. A ny claim that aperson’s tenancy poses a directthreat to other tenants must befounded in fact and not based onspeculation or hearsay.

Fair Housing Amendments Act:

Questions and Answers


18 Does a new ly constructed tw o - s t o r ya p a r tment comple x , without ane l eva t o r, h ave to provide access tothe second f l o o r ?

If the building is constructed forfi rst occupancy after March 13,1 9 9 1 , and if the building has fouror more units and no elevator,only the ground-floor units andpublic and common-use areasmust be accessible. In addition,tenants on the ground level mustbe provided with amenities equalto those provided to tenants onthe second floor. For example,if tenants are provided withlaundry rooms on the secondfloor, then laundry rooms mustalso be provided in an accessibleplace on the ground floor. Thismay be accomplished in a numberof ways, including placing laundrymachines in the ground-floorapartments.

I was told by the developer of an ew apartment complex that thep roject and the units are construct-e d to comply with the ANSI A 1 1 7 . 1S t a n d a rd . Is the project in compli-ance with the FHAA?

The FHAA allows some flexibilityfor construction and design ofhousing, as long as the basicaccessibility re q u i rements are met.The FHAA requires less thanANSI; therefore, if the developerfollows ANSI, the project wouldbe in compliance with the FHAA.

What other federal guidelines w o u l dindicate compliance with FHAA?

On March 6, 1991, HUD adoptedthe Fair Housing AccessibilityGuidelines (24 CFR 100.205) top rovide technical guidance for thedesign of dwelling units. As longa s the developer follows ANSI,the Guidelines, or a comparablestandard, the project would bein compliance.

What is a comparable standar d ?B u i l d e rs and dev e l o p e rs maych o o s e to depart from ANSIA117.1 or the A c c e s s i b i l i t yGuidelines and seek alternate wa y sto demonstrate that they have m e tthe re q u i rements of the FHAA. Ift h ey can prove compliance with theFHAA, a comparable standardexists. Although compliance withthe ANSI Standard or theAccessibility Guidelines is notm a n d a t o r y, compliance with one ofthem guarantees compliance with

Automatic doors allowfor independent useby individuals with

disabilities and are gooduniversal design.


19the FHAA and would eliminatethe burden of proving that a com-parable standard has been met.

Can a landlord leg a l ly re q u i re ap e rson with a disability to pay anex t ra security deposit?

No. A landlord may not increasethe amount of a security deposit ofa tenant simply because he or shehas a disability. If the tenant isplanning to make extensive modi-fications to the unit for greateraccessibility, the landlord mayrequire a reasonable amount t obe placed in an escrow account toguarantee the restoration of theunit to its original condition.

A friend told me that because I livein a public housing project, itwould be better to file a discrimi-nation complaint under the FHAArather than Section 504 of theR e h abilitation A c t , because I can beawa rded monetary damages underFHAA and not under Section 504.Is my friend corr e c t ?

For the most part, your friend iscorrect. However, the scope ofthe requirements a housingprovider must meet are set outdifferently. For example, if youwe re to file a discrimination com-p l a i n t against a housing providerwho refused to allow you to mod-ify an existing unit and thatprovider received federal finan-cial assistance, the remedies youcould seek under Section 504 aredifferent than those under the

FHAA. Under the FHAA, youcould seek some monetary reliefand force the landlord to allowyou to make modifications atyour expense. However, underSection 504, the landlord couldbe required to pay for the modifi-cations. As a general rule, if youare unsure of whether or not fed-eral financial assistance isinvolved, file the complaint underboth Section 504 and the FHAA.

Can a landlord ask specif i cquestions about my disa b i l i t y ?

N o. Howev e r, the manager of sub-s i d i z e d housing can ask for infor-mation about your disability todetermine whether you are eligibl efor housing designated specifi c a l lyfor people with disabilities or if youare eligible for a federal prefer-ence because of your disability.

I have r e c e n t ly rented an apar t m e n tin a mu l t i f a m i l y building and thel a n d l o r d is allowing me to modifymy b a t h r oom by installing a r o l l - i ns h ower and widening the doorway,but has refused my request to r a m pthe main entrance to the b u i l d i n g .Is this leg a l ?

No. A landlord cannot refuse toallow a tenant with a disability tomake modifications, at the tenant’se x p e n s e, to the tenant’s unit as we l las to common-use areas. Thel a n d l o rd can re q u i re the tenant tore s t o re the unit back to its originalcondition but cannot require thedoor to be narrowed. Also, any


20 modification to the common-useareas need not be restored at theend of tenancy. (Note: The land-l o rd cannot re q u i re the modifi c a-tion to exceed a re a s o n able cost,s u ch as re q u i r i n g m o re expensivem a t e r i a l , but can only requirethat the work complies with thebuilding code.)

I have just applied for an apar t m e n tin a multistory building with an ele-va t o r and the managing agent hasi n formed me that I will have to w a i tfor a ground floor unit because ofmy child’s disa b i l i t y. I do not wantto l ive on the ground f l o o r. Can thea gent limit my choices?

No. The management may notmaintain policies that limit thehousing choices of people withdisabilities.

My Cooper a t ive Board has r e f u s e dto allow my husband, who uses awh e e l c h a i r, to use the s w i m m i n gpool despite his ability to access thepool independently. What actioncan we tak e ?

Your husband has a right to usethe swimming pool or any otherfacility available to other tenants.The board cannot limit yourh u s b a n d ’s use of the pool based onits perception that individualswith disabilities cannot partici-pate in certain activities. If theboard continues to deny access,you can file a discriminationc o mplaint with HUD or a l a w s u i t .

I recently became blind and thebuilding I ha ve been living in foryears has a “no pets” policy. C a nt h ey forbid me from getting a do g ?

If your dog is a guide or serviceanimal, your landlord must wa i v ethe policy and allow you to havethe dog.

Can a building manager ask me howI will function in my apar t m e n t ?S p e c i fi c a l ly, can he ask how I willc o o k , c l e a n , t h row out the g a r b a g e,or open the doors and windo w s ?

No. A manager cannot ask ques-tions that pertain to your abilityto live independently or how youwill accomplish certain tasks.However, the manager may askquestions concerning your abilityto pay rent and your past historyas a tenant, provided he asksthese questions of all applicants.

All parts of an apart-ment complex that arefor the use and enjoy-ment of the residents

must be accessible.


21

The following is a list of legalterms often used during theenforcement process.

Accessible Public and Common-Use A re a s , of a building containingc ove r e d multifamily dwellings, arepublic and common-use areas thati n d ividuals with p hysical disabilitiescan approach, enter, and use. Apublic or common-use area thatcomplies with the appropriaterequirements of the AccessibilityGuidelines, ANSI A117.1, or ac o m p a r a ble standard is “accessibl e ”within the meaning of the FHAA.In both publicly and privatelyowned buildings, the followingdefinitions apply:

Common-Use A re a s are thei n t e r i o r or exterior rooms orspaces that are ava i l a ble foruse by the tenants or residentsand their guests.

Public Areas are the interioror exterior rooms or spacesthat are made ava i l a ble to thegeneral publ i c , such as the

rental or sales office or meetingrooms open to the public.

Adaptable Dwelling Units,when used with respect to multi-family dwellings covered underthe FHAA, are dwelling units thatinclude the features of adaptabledesign specified in the FHAA.

Aggrieved Personmeansanyone who claims to have beeninjured by a discriminatory housingpractice.

ANSI A 1 1 7 . 1 - 1 9 8 6 is the 1986 editionof the American National Standardfor buildings and facilities providingaccessibility and usability for peoplewith physical disabilities.

Burden of Proof is the obligation ofone party to establish that the o t h e rp a rty is liable under the law. Usuallythe burden of proof rests with the part yinitiating the action.

Complainant is the person (includingthe Secretary of HUD) who files acomplaint.

Some Helpful Terms andResource Information


22 Conciliation is the attempt to resolvethe problems raised by a complaintthrough informal and voluntary nego-tiation between the aggrieved person,the respondent, and the Secretary ofHUD.

Covered Multifamily Dwellings arebuildings that have four or moredwelling units. In buildings that haveone or more elevators, all dwellingunits are covered under the FHAA.In buildings without elevators, onlyground-floor units are covered.

Disability means a physical or mentalimpairment that substantially l i m i t sone or more major life activ i t i e s (suchas caring for oneself, performingmanual tasks, walking, seeing, h e a r-ing, speaking, breathing, learn i n g , andworking). It includes a record of hav-ing such an impairment or beingr egarded as having such an impairm e n t .The term does not include currentillegal use of drugs.

D i s p a rate Impactmeans practices thatappear to be neutral but, in fact, fallmore harshly on one group thananother group. For example, the land-lord requires rent to be hand-deliveredto the rental office, which has steps tothe entrance. Although the policy isapplied to everyone, it would have adisparate impact on people withmobility impairments.

Disparate Treatment means that somepeople are treated less favorably thanothers because of a disability.

Dwelling Unit is a single unit of resi-dence for a household or one or morepersons. Examples of dwelling unitscovered by these guidelines includec o n d o m i n i u m s , single apartment unitswithin an apartment building, andother types of units in which sleepingaccommodations are provided but toi-let or cooking facilities are shared byoccupants of more than one room orportion of the dwelling. Examples ofthe latter include dormitory roomsand sleeping accommodations in shel-ters intended for occupancy as a resi-dence for homeless people.

Prevailing Partyis the individual orentity that has been proven to be cor-rect in a case. The prevailing partymay be the complainant or therespondent.

Readily Achievablemeans easilyaccomplished and able to be carriedout without much difficulty orexpense.

Reasonable Cause means that, a f t e ran inve s t i gation, there is sufficient ev i-dence to believe discrimination hasoccurred, and the matter can nowproceed to the courts.

R e s p o n d e n tis any person or entityaccused in a discrimination complaintor found during an investigation to becommitting an unfair housing practice.

c o n t i nued on inside back cove r


23Secretarymeans the Secretary, U.S.Department of Housing and UrbanDevelopment.

Te n a n c y is your occupancy of anyhousing when you pay (or someonepays on your behalf) rent or the pur-chase price.

W h e re to File a ComplaintAll complaints can be filedthrough the HUD ComplaintOffice at its headquarters inWashington, DC.

HUD-Fair Housing and EqualOpportunity (FHEO)Office of Investigations451 7th Street, SWWashington, DC 20410(202) 619-8041

For more information abouthow to file a complaint, to obtainadditional forms, or for additionalinformation about the FHAA, call:

Fair Housing Clearing House(800) 343-3442

For More Information a b o u tYour Housing Rights, C o n t a c t :

Note: Sources that do notinclude TTY numbers are accessibl ethrough the nationwide TTY relay.

HUD FHEO Office: (202) 708-2878

HUD Housing DiscriminationHotline: (800) 669-9777TTY (800) 927-9275

The Housing Enforcement Office o fthe U.S. Department of Ju s t i c e :(202) 514-4713

National Fair Housing Alliance:(202) 898-1661

Your state Protection and Advocacy(P&A) system.To locate, call:(202) 408-9514TTY (202) 408-9521

Local legal services offices, NationalLegal Aid and Defender Association:(202) 452-0620

The Bazelon Center for MentalHealth Law:(202) 467-5730TTY (202) 467-4232

Disability Rights Educationand Defense Fund:(800) 466-4232

National Housing Law Project andNational Homelessness Project of theLegal Services Corporation: (202) 463-9461

5 / 9 9

801 Eighteenth Street, NW

Washington, DC 20006-3517

(202) 872-1300 • (202) 416-7622 tty • (202) 785-4452 fax

(800) 424-8200 • (800) 795-4327 tty

www.pva.org

Documents

FA IR H O U SIN G€¦ · g ove rnm ent to rem ove architectural and attitudinal barriers. The A dvocacy Pro g ram also works for equal access to all modes of trans p o rtation, com