Legal Rights of Persons With Disabilities - Ossh.com

FEDERAL LAW
The federal Fair Housing Amendments Act of 1988 (42 U.S.C. ' 3601 et seq.) requires a landlord
to permit housing accommodations to be made accessible to individuals with disabilities at the expense of
the renter with a disability if the renter agrees to pay reasonable costs of restoring the premises to its
original condition after the renter leaves and if such modification is necessary to afford the renter full
enjoyment of the premises. However, an owner may not require the renter with a disability to pay for
reasonable wear and tear of the premises. Renting for purposes of this Act includes leasing, subleasing or
otherwise granting for consideration the right to occupy premises not owned by the occupant. (42 U.S.C. '
3602(e).) There is an exemption in the Act for certain single-family houses and certain rooms or units in
fourplexes. (42 U.S.C. ' 3603.) Furthermore, the Act requires that all new rental housing, ready for
occupancy 30 months after September 13, 1988, be designed and constructed so as to be accessible to
individuals with disabilities. New rental housing covered by this section of the Act includes only buildings
consisting of four or more units if such buildings have one or more elevators; and ground floor units in
other buildings consisting of four or more units. (42 U.S.C. ' 3604(f)(7)(A) and (B).)
If you believe that you have experienced discrimination in housing, you may either file a lawsuit or
you may file a complaint with HUD, not later than one year after the discriminatory act has occurred and
HUD may pursue legal remedies on your behalf. (42 U.S.C. '' 3610 and 3612.)
II.
HOUSING PROGRAMS
Both the federal government and the State of California recognize that there is a shortage of
suitable housing and have set national and state goals to provide decent housing for all. Funds are provided
to nonprofit agencies to build low income housing. Eligible individuals with disabilities and their families
may apply for housing constructed through these projects. The federal and state housing programs are
discussed below.
A. Federal Housing Programs
Under federal law, a "disabled household" is defined as one or more persons, at least one of whom
is an adult (18 years of age) who has a disability, or the surviving member or members of any such
household who were living with the deceased member at the time of death. A "person with a disability" is a
person who has a physical, mental, or emotional impairment which is expected to be of long-continued and
indefinite duration, substantially impedes his or her ability to live independently and is of a nature that such
ability could be improved by more suitable housing conditions. A person shall also be considered to have a
disability if such person has a developmental disability. (42 U.S.C.
' 8013(k)(2); 24 C.F.R. ' 891.305.) Note that federally financed residences must also meet access
requirements. (24 C.F.R. ' 891.500 et seq.) Families which qualify may receive rent supplement
payments. (24 C.F.R. ' 891.610.) Income levels for determining eligibility are set by HUD.
(24 C.F.R. ' 891.750.) Contact HUD to determine if you may qualify.
B. California Housing Programs
California has implemented several housing programs to further the goals of its housing policy.
Individuals and families that qualify are eligible to rent or buy housing financed by state or federal funds.
Under California law, a "handicapped family" is defined as one in which an individual or the head of a
household is suffering from an orthopedic disability which impairs his or her mobility or a physical
disability which affects his or her ability to obtain employment. Also included are individuals or heads of
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