disability discrimination affect housing opportunities
The disability rights movement in the United States fought tirelessly for years to ensure that people with disabilities could live the lives they wanted. Their efforts resulted in the Americans with Disabilities Act of 1990 and other important legislation, including the Fair Housing Act. These laws establish a wide range of protections for individuals with disabilities in all areas of life, including housing opportunities.
disability discrimination can occur when housing providers impose discriminatory policies or practices that make it difficult for persons with disabilities to find or maintain a home. These policies or practices may include limiting housing to specific geographic areas, refusing to provide reasonable accommodations such as a parking spot close to the building for an individual who uses a wheelchair, or requiring a higher security deposit than is requested of other tenants. These practices can be a violation of both federal and state nondiscrimination laws.
Housing providers are also required to comply with the Americans with Disabilities Act (ADA) when they rent or sell a unit. For example, if a housing provider refuses to rent or sell to a person with a disability because the person’s wheelchair or other equipment might damage the property, this is a violation of both federal and state nondiscrimination law.
Can disability discrimination affect housing opportunities?
In addition, housing providers must provide reasonable accommodations upon request. Some examples of a reasonable accommodation include providing a sign language interpreter, altering an office, or allowing a service animal, such as a dog. Housing providers must also ensure that all new construction is accessible to people with disabilities.
When housing providers violate these nondiscrimination laws, victims can file a complaint with the appropriate government agency. The appropriate agency will depend on the type of housing provider and the nature of the violation. The federal agencies that enforce disability law discrimination laws include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DoJ). State and city human rights law enforcement agencies, such as those in New York City and New York State, can also investigate and prosecute housing discrimination claims.
Many of these agencies have special divisions dedicated to investigating and litigating housing discrimination complaints, including those based on disability. Individuals can also consult their local legal services, which usually offer free specialist advice about housing issues. For example, Community Legal Centres in Australia offer free legal advice on disability discrimination matters.
These centers can be found in communities throughout the country and have contact details on their website. Alternatively, victims can file a discrimination claim in a federal district court. In New York, this option is available at any of the local U.S. District Courts. The federal courts have a large number of experienced, dedicated and compassionate judges who understand the importance of protecting the dignity of every individual. The judges are familiar with the complexities of disability discrimination law and the challenges that can arise in these cases. They will help guide the case to a favorable outcome.
