Getting an Apartment When You're Disabled

If you suffer from a disability, it's crucial to know what to expect when you look for a new apartment. This page is your guide to the rights you have as a disabled person when it comes to getting a new place to live.

The Fair Housing Act and You

The Fair Housing Act is the common name for what became Title VIII of the Civil Rights Act of 1968. Although its primary focus was to ensure that people of color could avoid discrimination in their quest for proper housing, the law expanded in 1988 to include protections for both physical and mental disabilities.

Under the Act, a disability is considered to be any impairment, mental or physical, that substantially limits one or more major life activities. If you suffer from one of these conditions, then you are afforded certain rights and accommodations under the law.

Rights you have under the Fair Housing Act include:

• A landlord/apartment may not:

  • Ask if you have a disability or about its severity (though they may ask for documentation in some cases).

  • Refuse to rent to you due to the disability.

  • Evict you due to the disability.

  • Use a different scale or set of terms and conditions for your rental.

• A landlord/apartment must allow reasonable accommodations, such as:

  • A service animal, even if the property does not allow pets - and may not charge pet rent for one.

  • A parking space nearer to your unit than usual.

• A landlord/apartment must be amenable to reasonable modifications, such as widening doors, installing a ramp, or putting grab bars in the shower.

• Confidentiality about your condition.
  

One key distinction, however, is the financial burden for accommodations vs. the financial burden for modifications. Generally speaking, the landlord/apartment must pay for the accommodations, but it is entirely likely that you'll have to pay for any modifications - both in terms of their installation and, in some cases, their removal and restoration of the unit to its previous state.

Rights don't mean a guaranteed spot

The thing to realize, however, is that even though you are guaranteed to avoid discrimination, you are not guaranteed an apartment anywhere you go.

For one thing, apartment complexes fill up because they have a finite number of units. One key word from the provisions above is "reasonable," and it would be decidedly unreasonable - and wildly illegal - to boot someone out of their apartment to accommodate a disabled applicant.

Secondly, it is possible that an apartment complex might have open units, but none that would work for your disability. If, for instance, you use a wheelchair to get around, there's no way that you can make a third-story apartment work if the complex has no elevator. It is also not reasonable, by the way, to expect the complex to install an elevator to rectify the situation.

Be realistic in your search

The truth of the matter is that your list of potential places to live may be limited by the demands of your disability. It's unfortunate, and not your fault, but it's just the reality of the situation.

That doesn't mean you should put up with any artificial barriers that come your way. If you suspect that you're being denied solely due to the fact that you're disabled, reach out either to the US Department of Housing and Human Services or to the Texas Workforce Commission Civil Rights Division and file a complaint.