What Are Your Rights?

What Are Your Rights?
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WHY ARE THE RIGHTS OF TENANTS WITH DISABILITIES IMPORTANT TO OLDER PERSONS?

Many older people are unable to manage daily activities as well as they once did. They may have difficulty walking, seeing, hearing, taking care of personal or health needs or doing household chores. Landlords may refuse to rent to them, or ask them to move, simply because they need assistance with certain activities. These rejections or evictions of older people are illegal under the Fair Housing Amendments Act of 1988, and other federal and state laws.

Your Housing Rights
DisabilityInfo.gov provides an excellent overview of housing rights for the disabled. Recommended

WHAT IS THE FAIR HOUSING AMENDMENTS ACT?

The Fair Housing Amendments Act of 1988 is a federal statute that protects frail or disabled persons against discrimination in housing.

What It Does:

	Extends civil rights protection in the housing area to people with disabilities
	Requires new construction of dwellings with four or more units to include features such as wheelchair accessibility, reinforced walls to accommodate later installation of grab bars.

What It Does Not Do:

	Does not apply to rental buildings which contain fewer than four units, where the owner also lives in the building.
	Does not require a landlord to rent to current users of illegal drugs.
	Does not require a landlord to rent to a person who is a threat to the safety or health of other tenants, or whose tenancy would result in substantial damage to property of others.
	Does not require a landlord to provide services to a tenant with disabilities, unless the housing program already includes services.
	Does not require a landlord to change the basic nature of the housing program.

What Changes Can Be Made?

REASONABLE ACCOMMODATIONS

Changes in rules or procedures which (1) are reasonable under the circumstances, and (2) give a disabled tenant equal opportunity to use and enjoy the residence. Examples include:

	waiving a no-pets rule for a tenant with a mental disability who is emotionally dependent on their pet.
	waive a no-guest rule for a tenant who needs a live-in aide.
	changing the due date for rent to allow a tenant time to deposit their disability check and avoid late charges
	arranging to have a staff person pick up the trash from the apartment of a tenant who is ill and cannot carry the bag to the trash disposal
	providing large print notices for a vision-impaired tenant.

REASONABLE MODIFICATIONS

Changes to the physical structure of the premises, which (1) are reasonable and (2) give a tenant with disabilities equal access to residence. A tenant has the right to make reasonable modification at his or her own expense, but may be required to restore the premises to the original condition upon moving out. The landlord must pay for the costs of modification to common areas of the building. Examples include:

	installing grab bars in the bathroom and replacing doorknobs with lever handles.
	widening doorways for wheelchair access.
	installing a ramp at the entrance to the building.
	replacing small floor numbers with large numbers which contrast with the wall so that tenants can read them more easily.

HOW TO GET HELP

1. The Fair Housing Amendments Act can be enforced by the United States Department of Housing and Urban Development (HUD), by state or local human relations commissions and fair housing agencies, or by the courts. Call the HUD Fair Housing Complaint Hotline at 1-800-424-8590; (TDD) 1-800543-8294.

2. To find out about community services and home modifications, call your local area agency on aging or Eldercare Locator at 1800-677-1116.

3. In addition to the Fair Housing Amendments Act, many other federal, state and local laws affect landlords and tenants. Residents of public or federally subsidized housing have additional rights. To find out more about your legal rights, call your local legal assistance program for older persons.

ADDITIONAL INFORMATION

There may come a time when you feel you need to move to a more supportive setting. Many housing options are available to choose from, depending on your needs. To learn more about these options, write to:

American Association of Retired Persons
601 E Street, NW
Washington, DC 20049
(ask for a publications list to order free consumer booklets)

National Resource and Policy Center on Housing and Long Term Care
USC Andrus Gerontology Center
3715 McClintock Avenue
Los Angeles, CA 90089-0191
(ask for free fact sheets on housing options)

For more information, write to the National Resource and Policy Center on Housing and Long Term Care, USC, Andrus Gerontology Center, Los Angeles, CA 90089-0191.