Best Practices to Avoid Common and Costly Violations of the Fair Housing Act Related to Disability

Prospective Tenants

Do not tell a prospective tenant, agent, or third party that you don’t want someone with a disability living on the property.
Do not lie or allow an agent to indicate that an apartment is not available to a prospective tenant with a disability when one or more units are in fact available.
Do not ask if prospective residents are capable of “independent living.”
Do not ask if a prospective tenant has a disability, takes medication, has ever been hospitalized, or has ever been in a drug or alcohol rehabilitation program.
Do not discriminate against prospective tenants based on how they sound over the phone.

You cannot charge a higher security deposit because a tenant uses a wheelchair or a scooter or has an assistance animal.
Do not require people with mobility impairments to live on ground floor units.
Do not ban people with disabilities from common use areas including pools and fitness facilities.

Respond equally to all maintenance requests for people with disabilities as you do for tenants who do not have disabilities.
Do not attempt to evict a tenant because they request a reasonable accommodation or modification.
Do not attempt to evict a tenant because they file a fair housing complaint.
Allow tenants with post-traumatic stress disorder or other mental or emotional health disabilities to have an emotional support animal even when you have a “no pets” policy.

Allow tenants to make reasonable modifications to the rental unit or common areas which will enable them equal opportunity to use and enjoy a dwelling.
Grant reasonable accommodations, as necessary, to allow a tenant with a disability equal opportunity to use and enjoy a dwelling.
Respond to reasonable accommodation and modification requests in a timely manner.
Do not charge a pet fee or extra security deposit for an assistance animal.
Do not ask to see a resident’s medical records or speak to their doctor for more details about their condition.
Accept written or verbal accommodation or modification requests even if you have a preferred form or procedure.
Do not be rigid or overly burdensome with rules, policies, and procedures.
Engage in an interactive process.
Provide fair housing training to all employees who interact with tenants and prospective tenants.
Do not charge a transfer fee or early lease termination fee when a resident needs to transfer to a more accessible unit or community due to a disability-related need.
Do not place conditions on an accommodation by requiring some action before it is granted.
Do not require medical documentation or completion of a particular form before considering an accommodation when the disability or the need for the accommodation is obvious.
Do not ask about the nature or severity of a requestor’s disability.
Do not require an annual reapplication or recertification of a reasonable accommodation request.

Avoid making any comments which could be seen as threatening or intimidating to a person with a disability.
Do not make any comments about a person’s disability.
Respond quickly to reports of other tenants harassing someone because of their disability.
Do not disclose a tenant’s disability to other residents.