WHAT IS A DISABILITY? It is often distinguished by three factors: • A physical or mental disability that substantially limits one or more major life activities
• Having the history of such an impairment • Being perceived as having such impairment
Prepared by: Community Development Department, City Of Decatur, Alabama. For more information on Fair Housing or on how to file a complaint, contact Fair Housing Center of Northern Alabama, Birmingham, AL, at 866-740-1040 or www.fhcna.com. Sources: New Jersey Citizen Action (NJCA)
THREE KEY LAWS relating to discrimination based on disability: FAIR HOUSING ACT • Applies to most types of housing
SECTION 504 OF 1973 REHABILITATION ACT
What Housing Is Covered?
• Applies to housing subsidized with federal funds • The U.S. Department of Housing and Urban
The Fair Housing Act This is a federal law that prohibits housing
Development (HUD) has specific guidelines
for HUD-funded housing.
The Fair Housing Act covers most types of housing; the following are exempt:
AMERICANS WITH DISABILITIES ACT (ADA)
• Owner-occupied houses with no more than
• Title II applies to housing operated by state or
• Single-family housing sold or rented without the
local governments and is similar to Section 504.
four units
• Title III applies to places that serve the general
public, including rental offices; it does not include
• Certain housing operated by organizations and
housing itself.
discrimination against a person, such as a
Who is protected under the Fair Housing Act as it relates to disability?
prospective tenant or homebuyer, on the basis of: • Race or Color • Ethnicity or National Origin • Family Status or Pregnancy • Gender • Disability (mental or physical)
• A buyer or a renter with a disability
• Religion
• A person with a disability who
is going to live in a unit after it is
sold or rented
• A person who is associated
with a person with a disability
use of a broker private clubs that limit occupancy to members.