[RPPTL LandTen] "HANDICAP" Accommodation Under The U.S. Fair Housing Act
Martin Lawyer
mlawyer at bals.org
Mon Aug 3 12:09:57 PDT 2015
The "yes" answer to your question is based upon 42 U.S.C. §§ 3604(f)(2), 3604(f)(3)(b) and the 42 U.S.C. § 3603(h) definition of "handicap".
You will see that the definition of "handicap" is more broad that the ADA definition "disability", and that the cases ruling upon "accommodation" requests are quite favorable to the claimants/plaintiffs.
I have attached formatted versions of these two statutes, as well as pasted them below.
FAIR HOUSING ACT
TITLE 42 CHAPTER 45 SUBCHAPTER I
§ 3604. Discrimination in the sale or rental of housing and other prohibited practices
As made applicable by section 3603 of this title and except as exempted by sections 3603 (b) and 3607 of this title, it shall be unlawful-
* * *
(f) [ special rights of handicapped persons ]
(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of-
(A) that buyer or renter,1
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of-
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes-
(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.2
(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(C) [ dwellings first occupied post 13 March 1991 ] in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that-
(I) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).
(5) (A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.
(C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C).
(D) Nothing in this subchapter shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C).
(6) (A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 3610 (f)(3) of this title to receive and process complaints or otherwise engage in enforcement activities under this subchapter.
(B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this subchapter.
(7) As used in this subsection, the term "covered multifamily dwellings" means-
(A) buildings consisting of 4 or more units if such buildings have one or more elevators; and
(B) ground floor units in other buildings consisting of 4 or more units.
(8) Nothing in this subchapter shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this subchapter shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this subchapter.
(9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(Pub. L. 90-284, Title VIII, § 804, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93-383, Title VIII, § 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100-430, §§ 6(a)-(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 1622, 1623, 1636.)
[ cml3\Housing\Fair Housing\42 U.S.C. 4204 - Handicap Rental Prohibitions.wpd ]
= = = = =
FAIR HOUSING ACT
TITLE 42 CHAPTER 45 SUBCHAPTER I
§ 3602 Definitions. As used in this subchapter--
(a) "Secretary" means the Secretary of Housing and Urban Development.
(b) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(c) "Family" includes a single individual.
(d) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers, and fiduciaries.
(e) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(f) "Discriminatory housing practice" means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.
(g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.
(h) "Handicap" means, with respect to a person--
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of Title 21).
(i) "Aggrieved person" includes any person who--
(1) claims to have been injured by a discriminatory housing practice; or
(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.
(j) "Complainant" means the person (including the Secretary) who files a complaint under section 3610 of this title.
(k) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with--
(1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(l) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.
(m) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(n) "Respondent" means--
(1) the person or other entity accused in a complaint of an unfair housing practice; and
(2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 3610(a) of this title.
(o) "Prevailing party" has the same meaning as such term has in section 1988 of this title.
(Pub. L. 90-284, Title VIII, § 802, Apr. 11, 1968, 82 Stat. 81; Pub. L. 95-598, Title III, § 331, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 100-430, § 5, Sept. 13, 1988, 102 Stat. 1619.)
[ cml3\Housing\Fair Housing\42 U.S.C. 3602 - Definitions.wpd ]
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
"Preserving Independence, Hope and Dignity"
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, 03 August, 2015 14:20
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Is he entitled to an accomdation?
I am consious not to let this go too long since I am sure they won't re-rent unless he signs off.
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This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to Info at dvllclegal.com<mailto:Info at dvllclegal.com>, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.
From: <landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>> on behalf of Tequisha Myles <tmyles at legalaidpbc.org<mailto:tmyles at legalaidpbc.org>>
Reply-To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Date: Monday, August 3, 2015 at 12:51 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
The father should ask for a reasonable accommodation under the Fair Housing Act. In the letter, ask that the landlord waive the fees as the accommodation. The father will need to get a letter from the daughter's doctor stating that due to her severe medical condition she needs to remain home to receive care for her illness.
Tequisha Y. Myles, Esq.
Fair Housing and Elder Law Projects
Legal Aid Society of Palm Beach County, Inc.
423 Fern Street, Suite 200
West Palm Beach, FL 33401
(561) 655-8944 ext. 296
(561) 655-5269 Fax
tmyles at legalaidpbc.org<mailto:tmyles at legalaidpbc.org>
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Gioia DeCarlo
Sent: Monday, August 03, 2015 10:16 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] I need clarification on 83.60
Committee members,
I had a father call me whose daughter was to start at UF later this month. He and his wife found her private housing and entered into a lease for the school year whereby the daughter would be in a unit to share with another student. In June, the daughter became ill, was hospitalized, and now cannot attend school (at all this year and I don't know for how long) and will remain home. The father notified the property mangager, Campus Lodge Apartments in Gainesville, by phone and email in June (as soon as they learned the daughter's prognosis) that the daughter will not be needing the housing and asked to cancel the lease. The lease does not provide for an early termination fee.
The property manager stated that it still has other students waiting for housing and sent an email that it was in the process of cancelling. Now the property manager has emailed that it wants a $200 "reassignment" fee and one month's rent as a termintion fee. The rent is reasonable ($550 or $600/mo.). I told him that rathter than have me write, research, and perhaps negotiate, he might as well pay the $800 because he could end up paying that or more in legal fees. However, I thought I would put this out there in case anyone has experience with this type of housing and has any advise or is willing to speak with this man about taking on his case.
Understandably, the father is upset because with all that's going on with the daughter - who apparently is quite unwell- and feels that the landlord should just cancel, which he thought it was doing from the 1st email. I have not read the lease, but the father said he read it and he reads that there is no way he can just cancel.
Thank you
Gioia DeCarlo
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11. So in original. The comma probably should be a semicolon.
22. So in original. The period probably should be a semicolon.
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