Which Law Applies?
Housing accessibility is covered by multiple federal laws that work together:
- Fair Housing Act (FHA): Applies to nearly all housing — sales and rentals. Covers disability discrimination in housing design and reasonable accommodations/modifications.
- ADA Title II: Applies to state and local government housing programs — public housing authorities, housing vouchers, and government-operated housing.
- ADA Title III: Applies to public areas of housing complexes — leasing offices, common rooms, parking lots, fitness centers — but not individual dwelling units.
Many housing situations are covered by both the FHA and the ADA simultaneously. When multiple laws apply, the one providing the greatest protection governs.
Official Standard
42 U.S.C. §3604(f) — Fair Housing Act
"It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of — (A) that buyer or renter, (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter."
The Fair Housing Act — Design Requirements
The FHA requires accessible design in multifamily housing with 4 or more units built for first occupancy after March 13, 1991.
All ground-floor units (and all units in buildings with elevators) must meet seven design requirements:
These are design requirements — they apply at construction, not as a retrofit obligation. However, failure to build to these standards is itself a violation that can be enforced years after construction.
Official Standard
24 CFR §100.205 — Design & Construction
Covered multifamily dwellings built for first occupancy after March 13, 1991 must include: (1) accessible building entrance on accessible route; (2) accessible common and public use areas; (3) usable doors; (4) accessible route into and through the dwelling unit; (5) accessible environmental controls; (6) reinforced bathroom walls; and (7) usable kitchens and bathrooms.
Reasonable Accommodations
Landlords must make reasonable accommodations in rules, policies, or services for tenants with disabilities.
Common examples include:
- Allowing a service animal or emotional support animal despite a "no pets" policy
- Providing a reserved accessible parking space closer to the unit
- Allowing early lease termination when a disability requires relocation
- Permitting a live-in aide even in "single occupancy" units
Important
Landlords cannot charge extra fees or deposits for service animals or emotional support animals. The accommodation must be granted unless it would cause an undue financial or administrative burden or fundamentally alter the housing program.
Official Standard
42 U.S.C. §3604(f)(3)(B)
Discrimination includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."
Reasonable Modifications
Tenants have the right to make reasonable physical modifications to their unit or common areas at their own expense.
Common examples include:
- Installing grab bars in the bathroom
- Widening doorways for wheelchair access
- Adding a ramp at the entrance
- Lowering countertops or cabinets
- Installing visual fire alarms
The landlord cannot refuse a reasonable modification. For private housing, the landlord may require the tenant to restore the unit to its original condition at move-out (at the tenant's expense). For federally assisted housing, the housing provider typically pays for modifications.
Public Housing & Government Programs (ADA Title II)
Public housing authorities (PHAs) are government entities covered by ADA Title II. They have additional obligations:
- Must provide program access — the program as a whole must be accessible to people with disabilities
- Must make reasonable modifications to policies and procedures
- Section 504 of the Rehabilitation Act also applies to all federally assisted housing programs
- At least 5% of public housing units must be accessible for mobility disabilities, and 2% for hearing/vision disabilities
Section 504 — Rehabilitation Act
Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. This includes HUD-funded housing, Housing Choice Vouchers (Section 8), and all other federally assisted housing programs.
Filing a Housing Complaint
If you believe you've experienced housing discrimination based on disability, you have several options:
File a Fair Housing complaint: hud.gov — Online Complaint
File an ADA complaint (government housing): civilrights.justice.gov
Important Note
This guide provides general information about housing rights under federal disability law. For advice about your specific situation, consult with a fair housing attorney or contact your local fair housing agency.
Think you experienced an ADA violation?
Answer a few simple questions and we’ll show you exactly what applies to your situation — in 60 seconds.
Attorney-connected violation reporting — launching soon.