What Seniors Need to Know About Fair Housing
Materials prepared by Iowa Legal Aid
Under a Grant from the U.S. Department of Housing and Urban Development
����������� Many
people think of fair housing laws as dealing only with race.� In 1988, the Fair Housing Law was changed to
include persons with disabilities.� Many
seniors may qualify as persons with disabilities under federal and state fair
housing laws.� These laws may help seniors
stay in their own homes longer, and provide other protections.
1.� What do
fair housing laws do?
����������� Fair
housing laws protect people from discrimination based on: race, color, national
origin, religion, sex, disability and familial status.�
����������� The
main fair housing law is the Federal Fair Housing Act.� The Fair Housing Act is Title VIII of the
Civil Rights Act of 1968.� Iowa also has
a fair housing law.� It is similar to
the federal law.
2.� Why
should seniors care about fair housing laws?
����������� Seniors
may not think of themselves as persons with disabilities, but they may well be
covered under fair housing laws.� If so,
they could have additional protections that could be important.�
3.� Who is
considered disabled under fair housing laws?
The laws cover someone:
�
With
a �physical or mental impairment that substantially limits one or more major
life activities� or
�
Who
has a record of having such an impairment, or
�
Who
is regarded as having such an impairment.
�����������
4.� What
protections do fair housing laws give?
�
It
is illegal to discriminate based on disability
�
Landlords
and others have to make �reasonable accommodations� in rules, polices,
practices or services.�
�
Landlords
must allow tenants with disabilities to make changes (�reasonable
modifications�) to the rental unit or common areas.� These changes are usually at tenant expense.
�
Newer
apartments (built for first occupancy after March 13, 1991) should already have
accessible entrances and common areas, and adaptable rental units.
5.� What are
some examples of �reasonable accommodations�?
����������� Changes
to a rule, policy, practice or service could include:
�
Having
the landlord provide a parking place near the door for someone with mobility
problems
�
Allowing
a service animal or therapy animal even though there is a �no pets� policy
�
Having
the landlord stop by to pick up the rent, rather than having the tenant take
the rent to the office
6.� Are there
limits on what a landlord has to do as a reasonable accommodation?
����������� Yes.� The landlord does not have to do anything
that is too expensive or burdensome.�
Also, the landlord does not have to do anything that fundamentally
changes the nature of the housing offered.�
For example, the tenant would not be entitled to have the landlord
administer medication.� That would change
the housing to assisted living.
7.� Is it too
late to ask for a reasonable accommodation after an eviction notice is given?
����������� Not
necessarily.� It IS necessary to ASK for
a reasonable accommodation.� It is best
to do so in writing, so that there is no doubt about whether the request was
made.� The tenant can still ask for a
reasonable accommodation, even after getting a notice from the landlord.� If the landlord denies the accommodation,
the tenant may be able to raise that at the eviction hearing.
8.� Does the
landlord have to make changes to the interior of the rental unit?
����������� Generally,
the landlord does not have to make changes such as installing ramps, lowering
light switches, or widening doorways.�
These are considered �reasonable modifications� which the tenant
generally has to pay for.� However, the
landlord has to allow the tenant to make reasonable modifications.
9.� Can a
landlord ask for an additional deposit if the tenant makes a reasonable
modification?
����������� A
landlord cannot make a tenant pay a higher general deposit.� It would be discrimination to charge
disabled tenants more than others.� A
landlord may fear that a wheel chair may bump into walls and wear out the
carpet.� That is not a legitimate reason
for charging a higher deposit.�
����������� Some
modifications may need to be put back when the tenant leaves.� The FHA allows an extra deposit if
needed.� It depends on how much it will
cost to put things back.� The amount of
the deposit must be �reasonable.�� The
total can�t be more than the cost of restoring the unit.
����������� Also,
a tenant should be allowed to pay the extra deposit �over a reasonable
period.���� Any interest earned on the
extra deposit belongs to the tenant.�
The next tenant may not want the modification changed back.� If so, the landlord is supposed to return
the extra deposit.� The landlord could
ask the next tenant for an extra deposit.�
10.� What
sorts of modifications will need to be put back as they were?
����������� The
federal regulations give only two examples:�
(1) Grab bars in the bathroom�
The regulations say it would be reasonable for a landlord to require the
removal of the grab bars.� The wall� reinforcements can be left as they are.� (2) Widening the bathroom doorway.� This does not have to be changed back.
����������� The
second example is understandable.� The
first example seems odd.� Grab bars
wouldn�t interfere with future use.� A
future tenant might appreciate the grab bars.�
Anyone can slip in the tub.�
However, these are the only examples given in the federal
regulations.� There are few court cases
in this area to help interpret this requirement.�����
11.� How can
common areas be made accessible?
����������� For
newer multi-family buildings (built for first occupancy after March 13, 1991),
the common areas should already be accessible.�
If not, the common areas may have to be changed without charge to the
tenant.�
����������� For
older units, the tenant may have to pay for the changes.� A change to a common area does NOT have to
be changed back.
12.� What if
a tenant cannot afford to pay for a reasonable modification to a common area?
����������� Sometimes
another way can be found to provide access.�
For example, let�s say the laundry room is not accessible.� Perhaps a relative or friend could do the
laundry for the tenant.� The landlord
may have a rule that only tenants can use the laundry room.� The tenant could ask for an exception under
the �reasonable accommodation� requirement.
13.� What can
be done if there is a violation of fair housing laws?
�File a complaint with the Iowa Civil Rights
Commission.� The time limit for filing a
complaint with the ICRC is 180 days from the time the discrimination happened.
Iowa Civil Rights Commission
Grimes Building, 400 E. 14th
Street
Des Moines, IA 50319-1004
800-457-4416
515-281-4121
www.state.ia.us/govermnent/crc
�File a complaint with the United States Department
of Housing and Urban Development.� The
time limit for filing a complaint with HUD is one year from the time the
discrimination happened.
U.S. Dept. of Housing and
Urban Development
www.hud.gov/complaints/housediscrim.cfm
Housing Discrimination
Hotline
800-669-9777�
Multi-Family Housing
Complaint Line
800-685-8470�
�File a lawsuit without going to either the ICRC or
HUD first.� A lawsuit has to be filed
within two years of the time the discrimination happened.� It is usually a good idea to talk to a
lawyer before deciding what the best course of action might be.���
Legal Resources:
Persons who need legal advice or representation may
be able to get help from the following organizations:
Legal Hotline for Older Iowans
1-800-992-8161
Iowa Legal Aid
1111-9th Street, Suite 230
Des Moines, IA 50314-2527
1-800-532-1275 (regular and TYY)
�
University of Iowa College of Law
Clinical Law Program
Iowa City, IA 52242-1113
(319) 335-9023
Other Resources:
Iowa Division of Persons With Disabilities
Lucas Building
321 East 12th Street
Des Moines, IA 50319
888-219-0471
515-242-6172
http://www.state.ia.us/government/dhr/pd/
Iowa Governor�s Developmental Disability Council
617 East 2nd Avenue
Des Moines, IA 50309
800-452-1936
515-281-9082
http://www.state.ia.us/ddcouncil/
Iowa COMPASS
Center for Disabilities and Development
100 Hawkins Drive
Iowa City, IA 52242-1011
800-779-2001
877-686-0032 (TYY)
319-353-8777
National Fair Housing Advocate
800-254-2166
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