Under Section 504 of the Rehabilitation Act and the Fair Housing Act, owners are prohibited from following policies or practices that discriminate against persons with disabilities. This includes policies or practices that have a disparate impact on persons with disabilities.
Discriminatory Policies and Practices
Examples of discriminatory policies and practices include requiring tenants with disabilities to carry personal liability insurance when it is not required of tenants without disabilities, and prohibiting tenants from having live-in aides or using assistive devices in certain parts of the premises. Owners must not have policies that overtly discriminate on the basis of disability.
Neutral Discrimination Policies
Owners must also modify any neutral policies that have the effect of discriminating on the basis of disability. For instance, an owner must modify a “no animals” policy to allow a tenant with a disability who needs an assistance animal to have that animal. However, housing policies that owners can demonstrate are essential to the project will not be regarded as discriminatory if modifications to such policies would result in a fundamental alteration in the nature of the housing program or activity or undue financial and administrative burden.
Reasonable Accommodations
Owners must not fail to provide reasonable accommodations when such accommodations may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling unit and the public and common areas. This includes modifying policies and procedures as necessary to ensure nondiscrimination and promote accessibility.
Disparate Impact
Owners must ensure that their policies and procedures do not have a disparate impact on persons with disabilities. Disparate impact is a situation where a policy or practice appears neutral but has an adverse effect on a particular group, such as persons with disabilities.
Provision of Supportive or Other Services
Owners are not required to provide supportive or other services that fall outside the scope of the applicable housing program for the property. The test for what the owner must provide is whether, with appropriate modifications, the applicant can achieve the purpose of the program offered.
Conclusion
Owners must comply with nondiscrimination policies and practices for persons with disabilities in housing. This includes modifying policies and procedures to ensure accessibility and providing reasonable accommodations when necessary. Disparate impact on persons with disabilities must be avoided, and supportive or other services are not required unless they fall within the scope of the applicable housing program.