Housing...Inside and Out

August 22, 1998
Fair Housing - Additional Protection If You Have a Disability - Part 2

If you or someone associated with you:

Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities

  • Have a record of such a disability or
  • Are regarded as having such a disability your landlord may not:
  • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
  • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

Requirements for New Buildings

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

Public and common areas must be accessible to persons with disabilities

  • Doors and hallways must be wide enough for wheelchairs 
  • All units must have:
  • An accessible route into and through the unit
  • Accessible light switches, electrical outlets, thermostats and other environmental controls
  • Reinforced bathroom walls to allow later installation of grab bars 
  • Kitchens and bathrooms that can be used by people in wheelchairs.

If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.

  • These requirements for new buildings do not replace any more stringent standards in State or local law.


Written by Dr. Francis Graham (Retired)

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