Fair Housing for People Living
With Physical & Mental Disabilities

Introduction It is important to raise awareness among community members, tenants, homeowners, landlords and other housing providers about the fair housing rights of individuals with physical and mental disabilities. The Fair Housing Center also provides information about the rights of individuals with other conditions. If you haven't had access to those materials, please contact our office for more information.

Fair Housing for People
Living with Physical Disabilities

The Fair Housing Center of West Michigan investigates illegal housing discrimination based on a person's disability. It is unlawful to refuse to sell or rent to a person that is physically disabled. A person is considered disabled if he or she has a physical impairment that substantially limits a major life function; has a record of having an impairment, even if he or she has recovered; or is regarded by others as having an impairment, even if you don’t have such an impairment.

What does the law require?
Landlords, housing providers and others involved in real state cannot discriminate against someone who has a physical disability or because the housing provider believes the person is physically disabled.
Discrimination can include:
- A refusal to rent or sell to a person because he or she is physically disabled.
- Misleading physically disabled people.
- Having different terms and conditions, such as charging an extra deposit.
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Refusing to make reasonable accommodations so that someone who is physically disabled can use and enjoy a unit.
- Refusing to allow service animals because of a “no pet” policy.

What is a reasonable accommodation?
Reasonable accommodations are changes in rules, policies or practices so that the disabled person can live in or use a housing unit.

When can I request an accommodation?
If a tenant, home buyer, or other home seeker needs a reasonable accommodation, he or she may request it from the housing provider at any time. In addition, he or she must provide information from a professional which documents the disability and why the accommodation is needed.
A tenant can request as many accommodations as he or she needs. You are not limited to just one accommodation.

Does every request for an accommodation have to be granted?
A landlord or other housing provider can deny a request for an accommodation if it would create an unreasonable burden on the housing provider. Examples of unreasonable burdens include not getting paid rent or damage that cannot be repaired to a housing unit.

Do owners have to put in ramps or elevators?
Physical changes to an apartment or house that make the unit accessible to someone who is disabled are called reasonable modifications. For the most part landlords and housing providers in Michigan must allow the tenant to make physical changes to the property at the tenants expense. However, there are some federal laws which may require a landlord to make physical changes to an apartment or house.

Fair Housing for People
Living with Mental Disabilities

The Fair Housing Center of West Michigan investigates illegal housing discrimination based on a person's disability. It is unlawful to refuse to sell or rent to a person that is mentally disabled. Mental disability includes any mental or psychological condition that impairs a major life function.
Such conditions include mental and emotional illness such as depression or schizophrenia; Autism, Alzheimer's or Tourette’s Syndrome; disabilities caused by advanced mental conditions or senility; and/or being regarded by others as having an impairment or having a history of impairment.

What does the law require?
Landlords, housing providers and others involved in real state cannot discriminate against someone who has a mental disability or because the housing provider believes the person is mentally disabled.
Discrimination can include:
- A refusal to rent or sell to a person because he or she is mentally disabled.
- A refusal to rent or sell to a person because he or she is related to a person with a mental disability.
- Having different terms and conditions because of a mental disability.
- Asking a person if he or she has a mental impairment or requiring more information from you than from other tenants.
- Refusing to make reasonable accommodations so that someone who is mentally disabled can use a unit.
- Asking for your medical record or if you can live independently.
- Misleading a mentally disabled person.

Reasonable Accommodation
Every housing provider must make reasonable accommodations to a person’s disability. Reasonable accommodations are changes in rules, policies or practices so that the disabled person can live in or use a housing unit.

If a tenant, home buyer, or other home seeker needs a reasonable accommodation, he or she may request it from the housing provider at any time. In addition, he or she must provide information from a professional which documents the disability and why the accommodation is needed. A tenant can request as many accommodations as he or she needs. You are not limited to just one accommodation.

A landlord or other housing provider can deny a request for an accommodation if the accommodation would create an unreasonable burden on the housing provider. Examples of unreasonable burdens include not getting paid rent or damage that cannot be repaired to a housing unit.

 

Find out about our
Annual Fair Housing Luncheon & Workshop Series

20 Hall Street SE, Grand Rapids, MI 49507
Tel: (616) 451-2980, Toll Free: 1-866-389-FAIR
Fax: (616) 451-2657 email:
contact-us@fhcwm.org