accessiblehousing.org

	Fair Housing Amendments Act of 1988
	Section 504 of the Rehabilitation Act of 1973
	Americans with Disabilities Act of 1990 --Title III-Public Accommodations
	Fair Housing Rights of Persons with Disabilities
	Reasonable Accommodations
	Reasonable Modifications
	Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

Q:	Can a landlord require a higher or additional security deposit from a disabled applicant who uses a wheelchair because the owner thinks that wheelchairs cause additional wear and tear on apartments?
A:	No. A landlord cannot use different provisions in leases, such as those relating to security deposits, because of a person is disabled.

Q:	Can a landlord ask a disabled applicant questions about whether she can live independently, whether she can keep her apartment clean, or whether she needs a personal care attendant?
A:	No. A landlord cannot inquire as to the nature or severity of an applicant’s disability. The following are some examples of other questions a landlord cannot ask: Have you ever been treated by a psychiatrist? Do you take any prescription drugs? Have you been hospitalized recently?

Can a landlord ask an applicant if he/she has a disability?

Generally, no. A landlord cannot make an inquiry to determine whether an applicant has a disability or an inquiry as to the nature or severity of an applicant’s disability. However, a landlord can make the following inquiries, provided they’re made of all applicants, whether or not they have disabilities:

inquiry into an applicant’s ability to meet the requirements of ownership or tenancy;
inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability;
inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;
inquiry about whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;
inquiry about whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

Q:	Can a leasing agent guide, direct, or encourage prospective renters with mobility impairments to live in apartments in certain parts of the complex, such as only ground floor units, only accessible units, or units away from the pool, because of concerns about their safety?
A:	No. Prohibited actions under the Fair Housing Act include restricting housing choices, assigning persons to a particular section of an apartment complex, and/or limiting information about suitably price dwellings available for rent, due to a prospective renter’s disability.

Q:	Can a landlord require a “pet deposit” from a disabled person who uses a service dog?
A:	No. Texas Law states that a person with a total or partial disability who has or obtains an assistance animal is entitled to full and equal access to all housing accommodations and may not be required to pay extra compensation for the assistance animal but is liable for damages done to the premises by the animal.

Can a landlord with a “no transfer” policy refuse to grant a transfer request by a disabled tenant who needs a different apartment, due to his/her disability?

No. A landlord must accommodate the tenant if he/she is disabled, needs to move to a different apartment in order to use and enjoy a unit at the complex, and the accommodation is reasonable. If the landlord did have a transfer policy in place and this policy required that tenants pay a transfer fee, the landlord should waive the transfer fee for tenants who need to transfer apartments because of their disability.