Fair Housing:
Frequently Asked Questions about Housing Protection
for People with Disabilities and Their Families
CONTENTS
What is illegal discrimination against persons with
disabilities?
Who is protected from discrimination against persons
with disabilities?
Which landlords are covered?
How do I ask for reasonable accommodation?
What if I don't know what modification or
accommodation is necessary?
When is a person with disabilities protected?
What can be done?
Where can I find affordable housing?
Families with children with disabilities are protected under federal and state laws
which prohibit discrimination against persons with disabilities, and families with
children. Tenants are also protected by state law, which prohibits discrimination on the
basis of a person's source of income, such as general assistance, TANF, or SSI.
| What is illegal discrimination against persons with disabilaties? |
- Under state and federal law, it is illegal to treat people with disabilities
differently from people without disabilities. This includes asking if someone is disabled,
or uses prescription medication, or has ever been hospitalized or institutionalized.
Under state and federal law, you must be allowed to make physical
modifications to a housing structure if you are disabled and if the
modifications are necessary for you to enjoy full use of the unit.
You must pay for the change, and your landlord can require you to restore
the inside of the unit to the way it was before the change was made.
Exceptions: Landlords for housing built or rehabilitated with federal funds (such as HUD or Rural
Housing) must pay for reasonable modifications. This does not include section 8, unless the landlord's
contract with the government requires him to pay. If you're not sure, check with
Pine Tree Legal.
The modification can be denied if it poses an undue financial burden
to the landlord
or if it changes the fundamental nature of the program. For example, even a
landlord who receives federal funding does not have to spend 90% of his profit to make
physical changes to a unit. This is really a specific factor to be considered in figuring
if a modification is reasonable. - The landlord must make (not just permit!) a reasonable accommodation by changing
rules, policies, procedures, etc. when necessary to allow you, if you are
disabled, to
use or enjoy the premises to the same extent as others.
Examples:
- If a landlord has a policy of requiring tenants to bring the rent to the housing
office every month, the landlord has to permit a person with agoraphobia (fear of going
outdoors) to mail the rent, or to have someone else drop it off.
- If you need to have an animal for assistance (for physical or mental health
reasons), the landlord has to permit the animal, even if there is a "no pets"
policy.
- If a landlord has a policy of requiring tenants to stay for a year, s/he
must grant a
reasonable accommodation to let you out of your lease early if your disability makes a
move necessary. This might come up if you live upstairs, but can no longer climb
stairs; or if you need a live-in personal care attendant and the apartment is too
small for one.
Exception:
- The reasonable accommodation may be denied if it poses an undue
administrative burden or if it changes the fundamental nature of
the program. For example, it would change the fundamental nature of the
program if you asked your landlord to suspend a policy that rent must be paid. These
"exceptions" are actually just factors to be considered in looking at if a
requested accommodation is reasonable.
- Once you have received a reasonable accommodation for your disabilities,
you can't be treated differently from persons without disabilities.
For example, a landlord cannot
require you to pay a special "pet deposit" for an assistive animal.
| Who is protected from discrimination against persons with
disabilities? |
If you have a physical or mental impairment which interferes
with a major life activity, you are disabled. If you have a record or
history of such an
impairment or you are perceived as having such an impairment you
are also protected. In
addition, under Maine state law, if you have a mental health diagnosis, or
you receive
special education, vocational rehabilitation or related services, you are
protected.
There is no hard and fast rule about how long a disability must last. Maine law
protects persons with temporary impairments.
Examples:
- If you have an impairment that interferes with breathing, walking,
learning, or seeing, you are protected. If you have a history of depression or cancer, but
you are cured or in remission, you cannot be discriminated against. If
other people think you have AIDS, but you don't, then you are perceived to have an impairment, and
you are protected from
discrimination.
| Which landlords are covered? |
In Maine, all landlords except those who live in a two-unit building, where they
rent the other half, are covered. Even a landlord in a duplex is covered if s/he uses a
realtor or housing manager to rent the unit. Also, no one can advertise a unit in a manner
which is discriminatory.
Landlords who receive federal funding, because the tenant is on "Section 8"
or lives in public housing, have extra requirements.
| How do I ask for a reasonable modification or
accommodation? Does a doctor have to verify the need for a Reasonable
modification or accommodation? |
Typically, you should make a specific request in writing, and have a
doctor's note that says you have a disability and that you need the requested
accommodation because of your disability. The request does not have to give
your diagnosis.
Sometimes, however, the need for a request is obvious or there is an
emergency. Then you may make an oral request. Even in these cases, follow up
the request in writing.
It is also possible that, because of your disability, you cannot make a written request.
In this case, you may make the request orally or ask someone else to do it for
you.
A doctor is not always the best person to ask for verification that the
modification or accommodation is necessary. For example, if you are in a wheelchair,
you may
need cabinets to be adjusted. It is better to have an adaptive equipment
specialist, or other person knowledgeable about wheelchair accessibility, to verify how the
cabinets should be changed. If you are addicted to drugs or alcohol and are in
treatment, you may want to get a letter from your substance abuse counselor that says that an
accommodation is necessary, even though the counselor is not a physician.
| What if I know I need some modification or
accommodation, but I don't know what I need? |
Make a request that says you have a disability which
is creating a special need and you want to discuss a reasonable modification or
accommodation with your landlord (or the housing manager or other responsible person).
For example, you may have gotten an eviction notice because of
noise you cause at night because of your disability. You can
ask to talk to the landlord about a reasonable accommodation so that others won't be
disturbed, even if you aren't sure what would work. Your request can begin a
discussion between you and your landlord about what would solve the noise
problem. For example, you might both decide that a modification such as soundproofing,
changing your medication, or changing how
things are arranged in your apartment so that other tenants aren't disturbed,
might meet your needs.
| When is a person with disabilities protected from
discrimination? |
You are protected from illegal housing discrimination at all
stages, beginning with the advertisement of a unit through the time the security
deposit should be returned or a claim for damages is made. Even if you did not
disclose (or have) a disability at the time you first rented the unit, you may ask for a
reasonable accommodation or modification whenever you need one.
| If I believe I have been illegally discriminated
against, what can I do? |
If you wish to take action against your landlord, you can file a complaint
with either the Maine Human Rights
Commission, or with HUD (the U.S. Department of Housing
and Urban Development). The Human Rights Commission is located in Hallowell:
Maine Human
Rights Commission
51 State House Station
Augusta ME 04333-0051
624-6050
HUD's regional
office is in Boston:
U.S. Department of Housing and Urban Development
10 Causeway St. Room 321
Boston MA 02222-1092
617-565-5304 or 1-800-827-5005
You can also bring an action in court, but
you should have a lawyer.
The Maine State Housing Authority lists
subsidized housing, including housing for
people with disabilities,
by county.
|
Notice
© Pine Tree
Legal Assistance
March 2003
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
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