Fair Housing Act
The Fair Housing Act prohibits discrimination in housing based on disability. It’s a critical tool for disabled people seeking to rent, buy, or keep their homes.
This page centers disabled people’s expertise navigating housing discrimination and the organizing that won these protections.
What the Fair Housing Act Does
Section titled “What the Fair Housing Act Does”Basic Protections
Section titled “Basic Protections”The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended in 1988 to add disability) prohibits discrimination in housing based on:
- Race, color, national origin, religion, sex, familial status, and disability
For disabled people, this means:
You can’t be refused housing because of your disability. A landlord can’t say “we don’t rent to people with mental illness” or “wheelchair users can’t live here.”
You can’t be given different terms or conditions because of disability. A landlord can’t charge higher rent, require larger deposits, or impose extra rules because of your disability.
You’re entitled to reasonable accommodations. Changes to rules, policies, practices, or services that you need because of your disability.
You’re entitled to reasonable modifications. Physical changes to your unit or common areas that you need because of your disability.
Who’s Protected
Section titled “Who’s Protected”- People with physical disabilities
- People with mental disabilities (including mental illness, intellectual disabilities, developmental disabilities)
- People with a history of disability
- People regarded as having a disability
- People associated with disabled people (e.g., a parent of a disabled child)
What’s Covered
Section titled “What’s Covered”- Rental housing
- Home sales
- Mortgage lending
- Homeowners insurance
- Advertising
- Evictions
- Terms and conditions of housing
Reasonable Accommodations
Section titled “Reasonable Accommodations”What They Are
Section titled “What They Are”Reasonable accommodations are changes to rules, policies, practices, or services that allow a disabled person to have equal opportunity to use and enjoy housing.
Common Examples
Section titled “Common Examples”Allowing assistance animals in no-pet housing: Landlords must allow service animals and emotional support animals as accommodations, even if they have a no-pets policy. They cannot charge pet fees or deposits for assistance animals.
Reserved parking: If you need accessible parking close to your unit, landlords must provide it even if parking is normally first-come-first-served.
Allowing a live-in aide: Landlords must allow someone to live with you to provide disability-related assistance, even if they wouldn’t normally be on the lease.
Rent payment modifications: Some landlords may need to accept rent at different times if disability-related income comes on a different schedule.
Early lease termination: In some cases, landlords may need to allow early termination if disability-related needs change (this is more contested).
Communication accommodations: Written notices for deaf tenants, alternative formats for blind tenants.
How to Request Accommodations
Section titled “How to Request Accommodations”- Put it in writing (recommended, though oral requests are also valid)
- Identify yourself as a person with a disability (you don’t need to disclose your specific diagnosis)
- Describe what you need
- Explain the relationship between your disability and the accommodation (why you need it)
Example:
“I am a person with a disability. I am requesting that you allow me to keep an emotional support animal in my apartment. My doctor has determined that the animal is necessary for my disability-related needs. I have attached a letter from my healthcare provider.”
What Landlords Can Ask
Section titled “What Landlords Can Ask”Landlords can ask for:
- Verification that you have a disability (if not obvious)
- Verification that there’s a disability-related need for the accommodation
Landlords cannot ask:
- What your specific diagnosis is
- For detailed medical records
- For you to use a specific form (though they can suggest one)
If Your Request Is Denied
Section titled “If Your Request Is Denied”- Ask for the denial in writing with reasons
- Engage in “interactive process”—discuss alternatives
- File a complaint with HUD or a local fair housing agency
- Consult with a fair housing attorney or advocacy organization
Reasonable Modifications
Section titled “Reasonable Modifications”What They Are
Section titled “What They Are”Reasonable modifications are physical changes to your unit or common areas that you need because of your disability.
Common Examples
Section titled “Common Examples”- Installing grab bars in bathrooms
- Widening doorways for wheelchair access
- Building a ramp at the entrance
- Lowering counters or shelves
- Installing visual doorbells or smoke alarms
- Adding a roll-in shower
Who Pays?
Section titled “Who Pays?”Rentals: Generally, the tenant pays for modifications. However:
- The landlord must allow the modifications
- In federally subsidized housing, the landlord may be required to pay
- Some state/local laws require landlord payment
Sales: Buyers can request modifications and negotiate who pays as part of the purchase.
Restoration
Section titled “Restoration”For rentals, landlords can require that you restore the unit to its original condition when you move out—but only where reasonable:
- Grab bars: Restoration typically required
- Widened doorways: Restoration often not required (doesn’t affect next tenant’s use)
- Ramps: Depends on the situation
Requesting Modifications
Section titled “Requesting Modifications”Similar to accommodations:
- Put request in writing
- Describe the modification needed
- Explain the disability-related need
- Propose who will do the work (often the tenant hires a contractor)
Assistance Animals
Section titled “Assistance Animals”Categories
Section titled “Categories”Service animals (under ADA): Dogs (and in some cases miniature horses) trained to perform specific tasks for a person with a disability. Broader protections in public places; Fair Housing Act provides separate housing protection.
Emotional support animals (under Fair Housing Act): Animals that provide emotional support, comfort, or companionship that alleviates one or more effects of a disability. Don’t need specific training. Protected in housing but not in public places.
What Landlords Must Allow
Section titled “What Landlords Must Allow”Under the Fair Housing Act, landlords must allow both service animals and emotional support animals as reasonable accommodations. This means:
- No pet deposits or fees
- No breed or size restrictions for service/support animals
- No requiring special insurance
- Must allow the animal even in no-pet housing
Documentation
Section titled “Documentation”If disability is obvious and need is obvious: No documentation required.
If disability is not obvious: Landlord can request documentation from a healthcare provider stating:
- You have a disability
- The animal provides disability-related assistance or emotional support
What they cannot ask:
- Your specific diagnosis
- Detailed medical records
- Certification, licensing, or registration (no legitimate ESA “certification” or “registry” required)
Recent Changes and Controversies
Section titled “Recent Changes and Controversies”HUD issued guidance in 2020 that allowed landlords to be more skeptical of online-only documentation. Legitimate documentation should come from a healthcare provider who has an actual treatment relationship with you.
Some airlines have restricted emotional support animals on flights—but Fair Housing Act protections in housing remain.
New Construction Requirements
Section titled “New Construction Requirements”What’s Required
Section titled “What’s Required”The Fair Housing Act requires certain accessibility features in new multifamily housing (buildings with 4+ units) built after March 1991:
In all ground-floor units (and all units if building has elevator):
- Accessible entrance on accessible route
- Accessible common areas
- Doors wide enough for wheelchairs
- Accessible routes throughout unit
- Light switches, outlets, thermostats at accessible heights
- Reinforced bathroom walls for later grab bar installation
- Usable kitchens and bathrooms
The Gap
Section titled “The Gap”Despite these requirements, many newer buildings don’t comply:
- Enforcement has been inconsistent
- Some developers plead ignorance
- Retrofitting is expensive, so non-compliance continues
- Disabled people continue finding “new” buildings inaccessible
Filing a Complaint
Section titled “Filing a Complaint”With HUD
Section titled “With HUD”- File within one year of the discrimination
- File online, by phone (1-800-669-9777), or by mail
- HUD investigates and determines if there’s reasonable cause
- Possible outcomes: Conciliation (settlement), administrative hearing, or referral to DOJ
With State/Local Agencies
Section titled “With State/Local Agencies”Many states and localities have fair housing agencies with worksharing agreements with HUD:
- May have different procedures and timelines
- May offer stronger remedies under state law
- Filing with one may automatically file with the other
Private Lawsuit
Section titled “Private Lawsuit”You can also file a lawsuit in federal or state court:
- Within two years of the discrimination
- Can seek damages, injunctive relief, attorney’s fees
- May want to consult with a fair housing attorney first
Common Violations
Section titled “Common Violations”Disabled people report these common Fair Housing Act violations:
Refusing accommodation requests without legitimate reason
Refusing to rent to disabled people or using pretexts to deny applications
Harassment and retaliation for asserting rights
Discriminatory advertising (“no wheelchairs,” “must be able to climb stairs”)
Evicting disabled people for disability-related conduct that could be addressed through accommodation
Failing to provide accessible features in new construction
Charging extra fees for assistance animals
Intersectionality
Section titled “Intersectionality”Race and Disability
Section titled “Race and Disability”Black, Indigenous, and other disabled people of color face compounded discrimination:
- Landlords may deny housing based on both race and disability
- Housing discrimination concentrates disabled POC in under-resourced areas
- Environmental racism creates disabling conditions in communities of color
LGBTQ+ and Disability
Section titled “LGBTQ+ and Disability”LGBTQ+ disabled people may face:
- Discrimination based on both identities
- Difficulty finding affirming housing providers
- Harassment in housing settings
Note: Sex discrimination under Fair Housing Act has been interpreted to include SOGI in some contexts; some states/localities add explicit protections.
Poverty and Disability
Section titled “Poverty and Disability”Low-income disabled people face:
- Limited housing options
- Landlords unwilling to accept Section 8 vouchers
- Poor housing conditions
- Less ability to pursue complaints
Immigration Status
Section titled “Immigration Status”Undocumented disabled people:
- Have Fair Housing Act protections
- May fear retaliation involving immigration enforcement
- May have limited access to subsidized housing
Scenarios: Finding What You Need
Section titled “Scenarios: Finding What You Need””My landlord says no pets but I need an emotional support animal”
Section titled “”My landlord says no pets but I need an emotional support animal””You have the right to request a reasonable accommodation. Provide documentation from a healthcare provider. The landlord must allow the animal unless they can show undue burden.
”My apartment isn’t accessible and I need modifications”
Section titled “”My apartment isn’t accessible and I need modifications””You can request permission to make modifications. You’ll likely pay for them (unless federally subsidized housing). Get the request and approval in writing.
”I was denied an apartment and I think it’s because of my disability”
Section titled “”I was denied an apartment and I think it’s because of my disability””Document what happened. File a complaint with HUD within one year. Contact a fair housing organization for assistance.
”My landlord is trying to evict me for behavior related to my disability”
Section titled “”My landlord is trying to evict me for behavior related to my disability””Request a reasonable accommodation to address the behavior. Get legal help immediately. Fair housing organizations and P&A agencies can assist.
”The online ESA letter websites—are those legitimate?”
Section titled “”The online ESA letter websites—are those legitimate?””Be cautious. HUD allows landlords to be skeptical of documentation from providers who haven’t actually treated you. Legitimate documentation comes from your actual healthcare provider.
Who’s Organizing
Section titled “Who’s Organizing”National Fair Housing Alliance (NFHA) is a consortium of fair housing organizations working to eliminate discrimination.
Disability Rights organizations (state P&A agencies) handle fair housing cases.
ADAPT has fought for housing rights as part of community living advocacy.
Local fair housing councils exist in many areas and provide testing, education, and enforcement.
Resources
Section titled “Resources”Filing Complaints
Section titled “Filing Complaints”- HUD: hud.gov/program_offices/fair_housing_equal_opp/online-complaint or 1-800-669-9777
- Find your local fair housing agency: hud.gov/program_offices/fair_housing_equal_opp/contact_fheo
Information and Assistance
Section titled “Information and Assistance”- National Fair Housing Alliance: nationalfairhousing.org
- Bazelon Center for Mental Health Law: bazelon.org (resources on housing discrimination)
- Your state’s P&A organization: ndrn.org/about/ndrn-member-agencies
Legal Help
Section titled “Legal Help”- Fair housing attorneys: Many take cases on contingency
- Legal Aid: www.lawhelp.org
- Disability Rights Advocates: dralegal.org
Contribute to This Page
Section titled “Contribute to This Page”Have you faced housing discrimination because of your disability? Navigated the accommodation request process? Filed a complaint?
Share your knowledge: Contribution Form
We especially welcome:
- First-person experiences with fair housing issues
- Information about specific state/local variations
- Successful accommodation request examples
- Tips for navigating the complaint process
This page centers disabled people’s expertise. Fair housing protections for disabled people were won through organizing and advocacy by the disability rights movement.