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Housing

UCP’s Housing Channel provides information on housing options, legal and policy issues, and resources on the civil rights of people with developmental, cognitive and physical disabilities regarding housing issues.

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Housing

For Providers

The Importance of Fair Housing Laws

Independence and integration are important goals shared by people with disabilities, their families, and their advocates. Stable housing also affords people with disabilities the opportunity to become part of the community, and to achieve other important life goals, including education, job training, and employment.

Unfortunately, millions of people with disabilities have little chance of obtaining decent, affordable housing in today’s market. There have been numerous federal and state laws passed during the last 35 years to ensure that people with disabilities can participate fully and equally in federal and state housing programs. As a result of these laws, federally-funded housing providers are obligated to make reasonable changes – i.e., “reasonable accommodations” – in their program policies and procedures to ensure equal participation in the program by people with disabilities.

The following sections provide a brief description (and should be verified before relying on them), of each of the major federal laws affecting housing for people with disabilities in the United States, the building standards used to comply with each law, and related state and local ordinances and standards.

Fair Housing Amendments Act of 1988

In 1988, Congress amended Title VIII of the Civil Rights Act of 1968 – which prohibits housing discrimination based on race, color, religion, sex, or national origin – to extend protection to people with disabilities. Under the Fair Housing Act, owners and landlords cannot discriminate in the sale, rental, or financing of housing based on a person’s disability.

The Fair Housing Act is important to people with disabilities for several reasons:

  One, it prohibits discrimination against people with disabilities by landlords, management companies, sellers and real estate agents. A landlord or seller may not refuse to lease or sell to a person with a disability. A landlord may also be prohibited from evicting a tenant with disabilities for certain conduct related to the tenant’s disability.
  Two, it requires landlords to make “reasonable accommodations” in their policies, procedures, rules and services if such an accommodation is necessary to allow the person with a disability equal access to a unit (for example, waiving a “no pets” policy for someone who is visually impaired and uses a guide dog).
  Three, it requires landlords to allow tenants to make architectural additions or alterations to their unit if such alterations are necessary for the tenant to use the unit fully (for example, lowering kitchen cabinets or counters or widening a doorway). These alterations are made at the tenant’s expense unless the housing has been built with the use of federal funding.
  And four, it requires that any new multi-family housing (publicly or privately funded) with four or more units first occupied after March 13, 1991, must include seven basic access requirements on all ground floor units (unless the terrain prohibits access) and all units on floors served by elevators. The seven required access features include:

  1. one accessible entrance on an accessible route;
  2. accessible public use and common areas;
  3. usable doors (34” doors with 32” clearance)
  4. accessible routes into and through the unit (at least 36” wide and level)
  5. light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
  6. reinforced walls for grab bars; and
  7. usable kitchens and bathrooms.
These construction requirements, which include certain access features in every feasible unit, challenge the prevailing “percentage mentality,” which assumes that the percentage of accessible homes should roughly equal the percentage of people with mobility impairments in the population. The “percentage mentality” implies that people with mobility impairments need access only in their own homes, that residents without disabilities will not develop a permanent or temporary disability, and that residents without disabilities will not want to invite friends and relatives with disabilities to their homes. These construction requirements, however, apply only to multi-family housing, not to single family housing.

Applicable Standards/Guidelines: The 1986 American National Standard Institute A117.1 standards, commonly known as ANSI A117.1–1986, are used to comply with the accessibility requirements of the Fair Housing Amendments Act. The ANSI standards are available through the American National Standards Institute, Attn: Customer Service, 11 West 42nd Street, New York, NY 10036 (212-642-4900), or through Global Engineering Documents, exclusive distributor of ANSI standards (1-800-854-7179). Copies of the Fair Housing Accessibility Guidelines (“Final Design Guidelines for Accessible/Adaptable Dwellings,” 56 Federal Register 9472-9515, March 6, 1991) are available from the HUD Distribution Center (1-800-677-7468). Information is also available through HUD’s Fair Housing web site: http://www.hud.gov/fhe/fheacss.html.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 (commonly called “Section 504”) prohibits discrimination on the basis of disability in any program or activity conducted by the federal government or that receives federal funds. Section 504 of the Act applies to programs and activities funded by the U.S. Department of Housing and Urban Development (HUD).

Section 504 requirements apply only to housing receiving financial assistance from HUD (for example, for construction or rental assistance). Entities covered include public housing authorities; states and cities receiving federal funds under the Home Investment Partnership Program (HOME), HOPE and Community Development Block Grant (CDBG) programs; and both private and non-profit developers who receive HUD funds to build or renovate housing. It does not apply to the private housing market. In fact, single family housing is specifically exempted in the Section 504 regulations. In addition, landlords who lease to tenants with Section 8 certificates or vouchers, but who otherwise do not receive any federal funds, are not covered by Section 504.

HUD issued its final rules for carrying out Section 504 in 1988. Those rules address both access requirements for federally funded multi-family housing and non-discrimination in federal housing programs, activities and services.

With respect to housing, Section 504 is important for people with disabilities for several reasons:

  One, it requires that at least five percent of the dwelling units (at least one) in public housing and federally subsidized housing constructed after July 11, 1988, must be readily accessible (not merely adaptable) and usable by individuals with mobility impairments AND that at least two percent of the units be accessible and usable by people with hearing or visual impairments. In addition, as of September 1988, housing covered by Section 504 with 15 or more total units that is undergoing substantial alterations or rehabilitation must comply with the above 5%/2% requirement if the cost of alterations to the project constitutes 75 percent or more of the cost of replacing the entire facility. Other alterations, including alterations to common areas, must, to the maximum extent feasible, be made to be accessible to and usable by individuals with disabilities.
  Two, iit requires that accessible units must be distributed throughout a facility to ensure full integration and that accessible units must be available in a range of unit sizes and amenities to provide comparable choice in units as is available for non-accessible units. Section 504 also requires that owners and managers of accessible multi-family housing promote occupancy of the accessible housing units by people with disabilities.
  Three, it prohibits a qualified individual with a disability from being denied the benefits of any federal housing program solely on the basis of their disability.
  Four, it requires that governments, public housing authorities and landlords receiving federal funds make “reasonable accommodations” to the physical or mental limitations of otherwise qualified persons, unless the recipient of the federal funds can show that the accommodation would “fundamentally alter” the nature of the housing operation or impose “undue financial and administrative burdens.” This “reasonable accommodation” requirement applies to physical structures as well as application procedures, admissions and screening, occupancy rules and lease terminations.
  And five, unlike the Fair Housing Act, if structural changes are necessary to ensure the housing is readily accessible to and usable by individuals with disabilities, the landlord must make the changes at his or her expense. However, a landlord is not required to take any action that would result in a “fundamental alteration” in the operation of its housing or that would impose “undue financial and administrative burdens.” In such a case, the landlord may take steps short of physical structural changes that would ensure that people with disabilities receive the benefits of the housing.

Applicable Standards/Guidelines: The Uniform Federal Accessibility Standards (UFAS) are used to comply with Section 504 of the Rehabilitation Act of 1973. The Uniform Federal Accessibility Standards are available through the U.S. Access Board, Office of Technical and Information Services, 1331 F Street, NW, Suite 1000, Washington, DC 20004-1111. Call 1-800-872-2253 (V/TTY). Standards are also available in PDF and text format at the Access Board’s web site: http://www.access-board.gov/indexes/accessindex.htm. Additional information, including links to relevant regulations and information about compliance, is available through HUD’s Section 504 web site: http://www.hud.gov/fhe/504/sect504.html.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA), enacted by Congress in 1990, prohibits discrimination against people with disabilities in private sector employment, all public services, public accommodations, transportation and telecommunications.

The ADA covers public buildings, such as government offices, as well as privately-owned, publicly used buildings such as stores, restaurants, recreation and entertainment facilities, and other places of public gathering. The ADA requires that government facilities, public buildings and areas, and commercial facilities be readily accessible and usable by people with disabilities.

Although it is not perfectly clear under the law, it appears that residential housing is not covered under the ADA. Hotels, motels and other places of lodging are covered, as are homeless shelters, domestic violence shelters and mental health drop-in centers. Rental offices of private residential apartment complexes are also covered and must be accessible, as are model homes and sales offices for private residential builders. However, by and large, the ADA does not apply to housing, particularly private single family housing

Applicable Standards/Guidelines: The standards used for compliance by entities covered under the ADA depends on the type of facility involved. State and local government facilities are currently allowed to use either the Uniform Federal Accessibility Standards (UFAS) or the standards based on the Americans with Disabilities Act Accessibility Guidelines (ADAAG) issued for the private sector (with some exceptions). Places of public accommodations, commercial facilities, and public transportation facilities are required to follow standards based on ADAAG. Copies of UFAS and ADAAG standards are available through the U.S. Access Board, Office of Technical and Information Services, 1331 F Street, NW, Suite 1000, Washington, DC 20004-1111. Call 1-800-872-2253 (V/TTY). Both standards are also available in PDF and text format at the Access Board’s web site: http://www.access-board.gov/indexes/accessindex.htm. Additional ADAAG information is available through the U.S. Department of Justice, Civil Rights Division, Public Access Section, P.O. Box 66738, Washington, DC 20035-6738, ADA Hotline 1-800-514-0301 (V) or 1-800-514-0383 (TTY).