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Discrimination in Housing Sales and Rentals

Date: December 2000

Prepared By: Beth Stevens, Legal Advocacy Team

The federal Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., and Washington’s Law Against Discrimination, RCW 49.60.010 et seq., prohibit discrimination against people with disabilities in the sale or rental of any dwelling. The FHA also prohibits discrimination against the family of a person with a disability.

Can landlords refuse to rent to me because I have a disability?

No. The Fair Housing Act and Washington’s Law Against Discrimination prohibit discrimination in the sale or rental of a dwelling to any buyer or renter on the basis of their disability. This means that a landlord or seller cannot refuse to rent or sell a dwelling solely because of a person’s disability. However, a landlord can refuse to rent a dwelling to a person who presents a direct threat to the health or safety of other individuals. See 24 C.F.R. 100.202, RCW 49.60.222.

When I filled out an application for an apartment, the landlord asked me if I have a disability. Is that legal?

No. Under federal and state regulations, landlords are not permitted to inquire into matters personal to an applicant with a disability beyond what is necessary and appropriate to the landlord-tenant relationship. Landlords can ask questions about whether or not an applicant is qualified to rent a dwelling (for example, asking about a person’s source of income), or about an applicant’s use or sale of controlled substances. See 24 C.F.R. 100.202; WAC 162-38-110.

Does a landlord have to pay for the modifications I need to make an apartment accessible for me?

No. Under both federal and state regulations, a landlord is not obligated to pay for physical modifications a tenant requires, unless there are accessibility guidelines applicable to the building which the building does not meet. The landlord, however, cannot refuse to let you make reasonable modifications if they are necessary for you to fully enjoy your apartment. You are responsible for the cost of these modifications, and if the landlord requires it, you must arrange and pay for restorations to return the apartment to its original condition before you move out. See 24 C.F.R. 100.203; WAC 162-38-080.

I have a visual impairment and require the use of a guide dog. Can a landlord refuse to rent to me if they have a "no pets" policy?

No. Under federal and state law, even if the landlord has a "no pets" policy, they cannot refuse to rent you an apartment simply because you use a guide dog or other type of service animal. Landlords are required to make reasonable accommodations to policies, including pet policies, to accommodate the needs of people with disabilities. See 24 C.F.R. 100.204, WAC 162-38-100.

I just moved into a new, large apartment complex. I use a wheelchair and am having difficulty getting through the doorways. Aren’t new buildings supposed to be accessible?

Yes. Under the regulations implementing the Fair Housing Act, all multi-family dwellings built after March 13, 1991 are required to be constructed so that:

	all public or common areas are readily accessible;
	all doors are designed wide enough to allow passage for persons using wheelchairs;
	there is an accessible route into and through the premises;
	all light switches, electrical outlets, thermostats and other environmental controls are accessible;
	bathroom walls are reinforced in case grab bars need to be installed; and
	kitchens and bathrooms are accessible and allow for maneuverability for persons with physical disabilities.

See 24 C.F.R. 100.205; WAC 162-38-070.

What can I do if I have experienced housing discrimination because of my disability?

You can file a discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). A HUD discrimination complaint form is attached to this document. To file a complaint, contact HUD’s Office of Fair Housing and Equal Opportunity at 1-800-669-9777 (voice) or 1-800-927-9275 (TDD). You must file your complaint with HUD within one year of the date of the incident of discrimination. For more information on HUD complaints, consult HUD’s website, http://www.hud.gov.

You can also file a discrimination complaint with the Washington Human Rights Commission. You must file your Human Rights Commission complaint within six months of the incident of discrimination. When you call the Human Rights Commission they will give you instructions on how to file a complaint, and they will mail you the complaint form. You can reach the Washington State Human Rights Commission at 1-800-662-2755 in Eastern Washington, and 1-800-233-3247 in Western Washington.

This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
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