The Fair Housing Act prohibits discrimination in housing based on disability. It's a critical tool for disabled people seeking to rent, buy, or keep their homes.
This page centers disabled people's expertise navigating housing discrimination and the organizing that won these protections.
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended in 1988 to add disability) prohibits discrimination in housing based on:
For disabled people, this means:
You can't be refused housing because of your disability. A landlord can't say "we don't rent to people with mental illness" or "wheelchair users can't live here."
You can't be given different terms or conditions because of disability. A landlord can't charge higher rent, require larger deposits, or impose extra rules because of your disability.
You're entitled to reasonable accommodations. Changes to rules, policies, practices, or services that you need because of your disability.
You're entitled to reasonable modifications. Physical changes to your unit or common areas that you need because of your disability.
Reasonable accommodations are changes to rules, policies, practices, or services that allow a disabled person to have equal opportunity to use and enjoy housing.
Allowing assistance animals in no-pet housing: Landlords must allow service animals and emotional support animals as accommodations, even if they have a no-pets policy. They cannot charge pet fees or deposits for assistance animals.
Reserved parking: If you need accessible parking close to your unit, landlords must provide it even if parking is normally first-come-first-served.
Allowing a live-in aide: Landlords must allow someone to live with you to provide disability-related assistance, even if they wouldn't normally be on the lease.
Rent payment modifications: Some landlords may need to accept rent at different times if disability-related income comes on a different schedule.
Early lease termination: In some cases, landlords may need to allow early termination if disability-related needs change (this is more contested).
Communication accommodations: Written notices for deaf tenants, alternative formats for blind tenants.
Example:
"I am a person with a disability. I am requesting that you allow me to keep an emotional support animal in my apartment. My doctor has determined that the animal is necessary for my disability-related needs. I have attached a letter from my healthcare provider."
Landlords can ask for:
Landlords cannot ask:
Reasonable modifications are physical changes to your unit or common areas that you need because of your disability.
Rentals: Generally, the tenant pays for modifications. However:
Sales: Buyers can request modifications and negotiate who pays as part of the purchase.
For rentals, landlords can require that you restore the unit to its original condition when you move out—but only where reasonable:
Similar to accommodations:
Service animals (under ADA): Dogs (and in some cases miniature horses) trained to perform specific tasks for a person with a disability. Broader protections in public places; Fair Housing Act provides separate housing protection.
Emotional support animals (under Fair Housing Act): Animals that provide emotional support, comfort, or companionship that alleviates one or more effects of a disability. Don't need specific training. Protected in housing but not in public places.
Under the Fair Housing Act, landlords must allow both service animals and emotional support animals as reasonable accommodations. This means:
If disability is obvious and need is obvious: No documentation required.
If disability is not obvious: Landlord can request documentation from a healthcare provider stating:
What they cannot ask:
HUD issued guidance in 2020 that allowed landlords to be more skeptical of online-only documentation. Legitimate documentation should come from a healthcare provider who has an actual treatment relationship with you.
Some airlines have restricted emotional support animals on flights—but Fair Housing Act protections in housing remain.
The Fair Housing Act requires certain accessibility features in new multifamily housing (buildings with 4+ units) built after March 1991:
In all ground-floor units (and all units if building has elevator):
Despite these requirements, many newer buildings don't comply:
Many states and localities have fair housing agencies with worksharing agreements with HUD:
You can also file a lawsuit in federal or state court:
Disabled people report these common Fair Housing Act violations:
Refusing accommodation requests without legitimate reason
Refusing to rent to disabled people or using pretexts to deny applications
Harassment and retaliation for asserting rights
Discriminatory advertising ("no wheelchairs," "must be able to climb stairs")
Evicting disabled people for disability-related conduct that could be addressed through accommodation
Failing to provide accessible features in new construction
Charging extra fees for assistance animals
Black, Indigenous, and other disabled people of color face compounded discrimination:
LGBTQ+ disabled people may face:
Note: Sex discrimination under Fair Housing Act has been interpreted to include SOGI in some contexts; some states/localities add explicit protections.
Low-income disabled people face:
Undocumented disabled people:
You have the right to request a reasonable accommodation. Provide documentation from a healthcare provider. The landlord must allow the animal unless they can show undue burden.
You can request permission to make modifications. You'll likely pay for them (unless federally subsidized housing). Get the request and approval in writing.
Document what happened. File a complaint with HUD within one year. Contact a fair housing organization for assistance.
Request a reasonable accommodation to address the behavior. Get legal help immediately. Fair housing organizations and P&A agencies can assist.
Be cautious. HUD allows landlords to be skeptical of documentation from providers who haven't actually treated you. Legitimate documentation comes from your actual healthcare provider.
National Fair Housing Alliance (NFHA) is a consortium of fair housing organizations working to eliminate discrimination.
Disability Rights organizations (state P&A agencies) handle fair housing cases.
ADAPT has fought for housing rights as part of community living advocacy.
Local fair housing councils exist in many areas and provide testing, education, and enforcement.
Have you faced housing discrimination because of your disability? Navigated the accommodation request process? Filed a complaint?
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We especially welcome:
This page centers disabled people's expertise. Fair housing protections for disabled people were won through organizing and advocacy by the disability rights movement.
Last updated: November 2025