What year was disability added to the Fair Housing Act?

The Fair Housing Act (FHA) is a landmark piece of legislation aimed at preventing discrimination in the housing market. It has undergone various amendments since its inception in 1968 to ensure protection for individuals with disabilities. One significant change was the addition of disability as a protected class. Let’s delve into the history of the FHA and explore the year when disability was incorporated into the act.

**What year was disability added to the Fair Housing Act?**
In 1988, disability was officially added as a protected category under the Fair Housing Act.

Here are some frequently asked questions regarding the addition of disability to the FHA:

**1. What is the Fair Housing Act?**
The Fair Housing Act is a federal law that prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability.

**2. Why was disability included as a protected class?**
The addition of disability to the FHA aimed to ensure equal housing opportunities for individuals with disabilities, preventing discrimination based on their disability status.

**3. What constitutes disability under the Fair Housing Act?**
The FHA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment.

**4. What kind of housing is covered by the Fair Housing Act?**
The FHA covers most types of housing, including private housing, public housing, and rental housing. This includes apartments, houses, condominiums, and mobile homes.

**5. How does the Fair Housing Act protect individuals with disabilities?**
The FHA prohibits discrimination in various housing-related activities, such as renting or selling property, making housing advertisements, and setting rental terms or conditions.

**6. Can a landlord refuse to rent to someone with a disability?**
No, landlords cannot refuse to rent to someone solely based on their disability. They must provide reasonable accommodations or make reasonable modifications, except in cases where it causes undue financial or administrative burden.

**7. What is a reasonable accommodation?**
A reasonable accommodation is a change or exception to a rule, policy, practice, or service that allows individuals with disabilities to have equal access to housing and enjoy their dwelling fully.

**8. Can a tenant with a disability make modifications to the rented property?**
Yes, tenants with disabilities have the right to make reasonable modifications to their dwelling to meet their needs, provided they meet any necessary costs and return the property to its original condition upon vacating.

**9. Can a homeowner’s association discriminate against individuals with disabilities?**
No, homeowner’s associations are subject to the Fair Housing Act and are prohibited from discriminating against individuals with disabilities in regards to housing rules, policies, and services.

**10. Can a landlord ask about the nature of a disability?**
Landlords are generally not allowed to inquire about the nature or severity of a disability, but they can ask whether an applicant meets the essential criteria for tenancy.

**11. What should I do if I believe I have faced discrimination under the FHA?**
If you believe you have been discriminated against under the FHA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or contact a local fair housing agency for assistance.

**12. Are there any exemptions to the Fair Housing Act’s protections for individuals with disabilities?**
The FHA provides certain exemptions for single-family homes rented or sold by an individual without using discriminatory advertisements, a real estate agent, or advertising services. Additionally, some specific housing types may qualify for certain exceptions under the law.

By adding disability to its list of protected classes, the Fair Housing Act took a significant step towards promoting inclusive and equal housing opportunities for all individuals, regardless of their abilities. This change emphasizes the importance of combating discrimination and ensuring suitable accommodations are made to level the playing field.

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