Tenant Screening
People with Disabilities and Fair Housing

The federal Fair Housing Act and local fair housing laws prohibit discrimination against people because of their disability or the disability of anyone associated with them. This summary is meant to inform and create awareness, but is not  a substitute for an attorney or your apartment association. State laws may broaden the Federal guidelines for disability. It is advisable to know both.

These laws also require:

• Housing providers "to make reasonable accommodations or modifications in rules, policies, Practices, or services, when such accommodations may be necessary to afford such person(s) equal opportunity to use and enjoy a dwelling. If an applicant has a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits a major life activity or a record of such a disability or is regarded as having such a disability.

• Marketing: You can market to people with disabilities. It is possible to advertise that your property is accessible and welcome people with disabilities. You can mention that your unit or building has good access. You can mention that your building is near a playground and that you welcome families.

• Tenant Screening: You can ask all the usual questions regarding income and require good referrals from prior landlords and a credit report. It is advisable to have a tenant screening checklist and use it for all people. Having a tenant screening checklist and a decision guideline can be helpful if a discrimination complaint is filed against you. Be sure you use these guidelines for all people. Even the appearance of discrimination can be cause for a filing.

• Avoid Asking: You may not ask to see medical records or inquire into medications or dosages. You should avoid asking whether a person is disabled or about their disability. Do not ask if they are capable of independent living. Use your checklist and follow your guidelines and allow the applicant to explain their needs to you.

• Reasonable Accommodations: The housing provider is responsible for ensuring general access to the facility and meeting minimum accessibility standards. This may include an adaptation or modification to a policy or a service, which will allow a person with a disability to use and enjoy a dwelling and the common use area. Generally, the applicant or tenant must make a request for an accommodation. Your tenant will describe the need and it is a good idea to have any requests to accommodate in writing and kept for your records in case of any misunderstanding later on. You can ask the tenant to provide proof of a disability (some disabilities are hidden). Medications and other specifics are a private matter and may not be breached by the housing provider.

• A definition: Acceptable accommodation or modification cannot cause undue administrative or financial burden for the owner/manager, and cannot fundamentally alter the housing and services the owner/manager offers.

• Reasonable Modifications: Landlords must allow disabled tenants access and enjoyment of the building. Disabled tenants can make the modifications and accommodations that will provide them with reasonable safety and enjoyment. The owner/manager may condition permission for a modification on the tenant providing a reasonable description of the modifications and assurances that the work will be done in a professional manner with required building permits. All modifications must be reasonable and require prior approval. You may also require an additional deposit to assure restoration to its prior condition.

• Examples: Ramps for wheelchair access. Modifying locks, cabinets or appliances. Special faucets or handles on sinks tub or showers and more.

• No Pets Rule: If an animal is necessary for the wellbeing or safety of a disabled person it must be allowed, regardless of the pet policy in place. Service animals can either be necessary for the performance of tasks or for the emotional wellbeing of an individual. No pet deposit may be required of a service animal. You can ask for proof of disability without actually knowing the nature of a disability, merely that one exists.

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