1. Your Fair Housing Rights – Applying for Housing
A presentation by Center for Independence of the Disabled, NY
(c) CIDNY 2012 1

2. Meeting the Landlord
Often, before you rent a home, you will need to meet with the home’s owner or someone who works for the home’s owner
If your disability prevents you from meeting
at the property, you may request a
“reasonable accommodation.”
For instance, you may request to meet
elsewhere or to communicate by phone.
A “reasonable accommodation” is a change in rules, policies, or services so that a person with a disability will have an equal opportunity to use and enjoy a home.
(c) CIDNY 2012

3. Meeting the Landlord
The Fair Housing Act prohibits a landlord from asking you certain questions.
A landlord CANNOT ask you about your disability, unless:
You are applying for housing only open to persons with certain disabilities, or
You are asking for a reasonable accommodation
A landlord should NEVER:
Ask for your medical records
Require you to prove that or ask whether you can live independently
(c) CIDNY 2012

4. Meeting the Landlord
Examples of questions a landlord generally CANNOT ask:
Do you have a disability?
How serious is your disability?
Have you ever been hospitalized because of a disability?
Can I see your medical records?
What medications do you take?
How often do you see a doctor?
Are you able to live by yourself?
Have ever been treated for substance abuse?
(c) CIDNY 2012

5. Meeting the Landlord A landlord CAN:
Request financial information to determine whether you can pay the rent
Request references about your history as a tenant
Ask whether you are willing to comply with building rules
Ask whether you are currently using drugs
Ask about criminal history, including convictions for the manufacture or distribution of a controlled substance
A landlord CANNOT ask you a question that he/she does not ask all other potential tenants.
You may request a reasonable accommodation to comply with these requests. For instance, you may ask your landlord to accept a reference from a group home instead of landlord references, or to allow a cosigner to compensate for poor credit history
(c) CIDNY 2012

6. Completing the Rental Application
You may also need to complete a rental application.
If you cannot complete the application because of your disability, you may request a reasonable accommodation.
For instance, you may request that the application be read to you instead of provided only in written format, or that the application be mailed to you if you cannot pick it up in person.
The rental application should NOT seek information about disability, medical history, or ability to live independently.
(c) CIDNY 2012

7. Requesting An Accommodation
Consider whether, because of your disability, you will need an accommodation to live in the home you wish to rent.
For example, if required to make housing usable because of your disability, you could request:
Reserved parking
Waiver of guest/parking fees for home health aide
Oral reminders to pay rent
Waiver of ‘no pets’ policy
A particular apartment location (e.g., lower floor, quieter area)
While you can request these accommodations, a landlord CANNOT force you to accept any accommodation you do not want
(c) CIDNY 2012

8. Requesting An Accommodation
A landlord does not need to grant an accommodation if it poses an undue burden or requires a fundamental alteration of operations.
For example:
It would not create an undue burden to request that a landlord accept rent a few days late because you must wait for your Social Security check, or by mail instead of in person. But it would create an undue burden to ask a landlord to forgo rent altogether.
It would not require a fundamental alteration for a landlord to allow a live-in caregiver or a pet in a unit. But it would require a fundamental alteration for a landlord to pay the caregiver or care for the pet.
(c) CIDNY 2012

9. Requesting An Accommodation
You can discuss accommodations with a landlord during the application process, but you should request any needed accommodations in writing if possible so that you can prove you made the request.
It is your responsibility to request accommodations.
Your request should state that you have a disability and explain, as specifically as possible, why the requested accommodation would be helpful.
A landlord CAN request prove that you have a disability and need the requested accommodation. But you do NOT need to give a landlord the specifics of your disability or a full medical history.
(c) CIDNY 2012

10. Requesting a Modification
Also consider whether you will need to make “reasonable modifications” – physical changes to the home you wish to rent – because of your disability.
Generally, you will need to pay for physical changes to the home.
You may also be required to undo physical changes when you stop renting the home. For some changes, a landlord may require you to set aside money to undo the changes.
You should request any needed modifications in writing if possible.
Once you and the landlord have agreed on modifications, ask the landlord to confirm your agreement in writing.
(c) CIDNY 2012

11. How to Recognize Discrimination
Your application for housing is rejected because of your disability. Landlords CANNOT refuse to rent to you because of your disability unless:
You cannot meet obligations that apply to all tenants. BUT:
A landlord’s conclusion that you cannot meet obligations must be based on recent, credible evidence.
Your landlord must consider any evidence that past failures to meet obligations were related to your disability and are not likely to be repeated.
If a reasonable accommodation would let you meet general obligations, a landlord can’t reject your application because you can’t comply with those obligations.
For instance, if your disability prevents you from delivering rent in person, your landlord must consider allowing you to deliver rent by mail.
(c) CIDNY 2012

12. How to Recognize Discrimination
If your living in the home would be a direct threat to the health or safety of others or would result in substantial damage to the property of others. BUT:
A landlord’s conclusion that you pose a threat to persons or property must be based on recent, credible evidence.
Your landlord must consider any evidence that past conduct was related to your disability and is not likely to be repeated.
If a reasonable accommodation would let you eliminate the threat, a landlord can’t reject your application based on the threat.
(c) CIDNY 2012

13. How to Recognize Discrimination
A landlord refuses to offer you the same rental agreement offered to other tenants. A landlord CANNOT charge you extra money or include extra requirements in your lease because of your disability. For example:
You may NOT be required to pay an extra security deposit because you use a wheelchair.
A landlord may NOT require you to have a caretaker live with you.
A landlord may NOT require you to sign more or broader liability waivers than are required of other tenants.
A landlord asks questions about your disability and/or medical condition.
A landlord refuses your request for a reasonable accommodation or modification.
(c) CIDNY 2012

14. For More Information Contact:
ESTER BENJAMIN, Olmstead Housing Specialist at
ZOLA MENDOZA Olmstead Housing Specialist at
CIDNY
841 Broadway, Ste. 301
New York, NY
(c) CIDNY 2012