The Fair Housing Amendments
Act added people with disabilities to other classes explicitly protected by the
federal government from discrimination.
Landlords and condo associations can
no longer turn away qualified renters or buyers who are disabled. They can not
refuse to make a reasonable accommodation, such as allowing a visually impaired
person to have a guide dog, even when there is a general "no pets" policy. Nor
can they refuse to let people with disabilities make needed architectural
additions or renovations to the property. The landlord is not required
to pay for these changes, and can require the tenant to return the
property to its original state when leaving. (For instance, the landlord
could require that a ramp be removed, but it is unlikely that a judge
would rule that retrofitting a door to its original narrow width would
be a reasonable demand, unless there were special
circumstances.)
When building new multi-family
dwellings of four or more units, builders must include seven access features in
all ground floor units (unless the terrain prohibits access). In multi-family
dwellings with elevators, every unit must include these access features.
Unfortunately, although the architectural access
portion of the Fair Housing Amendment took effect in 1991, many builders have
flagrantly ignored the law. The good news is that a growing
number of law suits have been successful. Among the
groups who have sued successfully in cases where construction is
non-compliant are Access Living of Chicago, DRAC in Salt Lake City, and
the US Department of Justice.
For a summary of disabled
residents' rights under the Fair Housing Amendments Act, and a description of the
seven architectural access requirements, go to
http://www.fairhousingfirst.org/fairhousing/requirements.html.