fair housing: disability rights laws

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Prepared by: Community Development Department, City Of Decatur, Alabama. For more information on Fair Housing or on how to file a complaint, contact Fair Housing Center of Northern Alabama, Birmingham, AL, at 866-740-1040 or www.fhcna.com. Sources: New Jersey Citizen Action (NJCA) • A physical or mental disability that substantially limits one or more major life activities • Having the history of such an impairment • Being perceived as having such impairment WHAT IS A DISABILITY? It is often distinguished by three factors:

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Three key laws relate to housing discrimination based on disability.

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Page 1: Fair Housing: Disability Rights Laws

Preparedby:CommunityDevelopmentDepartment,

CityOfDecatur,Alabama.FormoreinformationonFairHousingoronhowtofileacomplaint,contact

FairHousingCenterofNorthernAlabama,Birmingham,AL,at866-740-1040

orwww.fhcna.com.

Sources: New Jersey Citizen Action (NJCA)

• Aphysicalormentaldisabilitythat substantiallylimitsoneormoremajor life activities

• Havingthehistoryofsuchanimpairment

• Beingperceivedashavingsuchimpairment

WHAT IS A DISABILITY?It is often distinguished by three factors:

Page 2: Fair Housing: Disability Rights Laws

• Owner-occupiedhouseswithnomorethan

fourunits

• Single-familyhousingsoldorrentedwithoutthe

useofabroker

• Certainhousingoperatedbyorganizationsand

privateclubsthatlimitoccupancytomembers.

• RaceorColor

• EthnicityorNationalOrigin

• FamilyStatusorPregnancy

• Gender

• Disability(mentalorphysical)

• Religion

FAIRHOUSINGACT

• Appliestomosttypesofhousing

SECTION504OF1973REHABILITATIONACT

• Appliestohousingsubsidizedwithfederalfunds

• TheU.S.DepartmentofHousingandUrban

Development(HUD)hasspecificguidelines

forHUD-fundedhousing.

AMERICANSWITHDISABILITIESACT(ADA)

• TitleIIappliestohousingoperatedbystateor

localgovernmentsandissimilartoSection504.

• TitleIIIappliestoplacesthatservethegeneral

public,includingrentaloffices;itdoesnotinclude

housingitself.

• Abuyerorarenterwithadisability

• Apersonwithadisabilitywho

isgoingtoliveinaunitafteritis

soldorrented

• Apersonwhoisassociated

withapersonwithadisability

Thisisafederallawthatprohibitshousing

discriminationagainstaperson,suchasa

prospectivetenantorhomebuyer,onthe

basisof:

The Fair Housing Act

THREE KEY LAWS relating to discrimination based on disability:

Who is protected under the Fair Housing Act as it relates to disability?

What Housing Is Covered?

TheFairHousingActcoversmosttypesof

housing;thefollowingareexempt: