Millions of Americans with disabilities face housing discrimination every year — often without knowing their rights or where to turn. The Fair Housing Act of 1968, the Americans with Disabilities Act, and New York's Human Rights Law create a layered system of protections. Here's what every person with a disability (and every real estate professional) should know.
Who Is Protected?
Under the Fair Housing Act, a "disability" means a physical or mental impairment that substantially limits one or more major life activities. This is intentionally broad. Protected conditions include:
- Mobility impairments (wheelchair users, those with limited mobility)
- Vision or hearing impairments
- Cognitive or developmental disabilities, including autism and Down syndrome
- Mental health conditions (depression, PTSD, schizophrenia)
- Chronic illnesses (HIV/AIDS, MS, epilepsy, diabetes)
- Recovery from substance use disorders
Protection also extends to people with a history of disability or those perceived to have one.
What Is Prohibited?
It is illegal to refuse to sell or rent to someone because of disability.
This includes telling a person with a disability a unit is unavailable when it actually is, or setting different terms/conditions for a sale or rental.
It is illegal to make discriminatory statements.
Comments like "this neighborhood wouldn't be a good fit for you" directed at someone because of their disability (or their family member's disability) constitute housing discrimination.
It is illegal to deny reasonable accommodations.
Landlords must make reasonable exceptions to rules, policies, or practices when requested by a person with a disability (e.g., allowing a service or emotional support animal in a no-pets building).
It is illegal to refuse reasonable modifications.
Tenants with disabilities may make structural modifications to their unit at their own expense (e.g., installing grab bars, widening a doorway) if needed for disability access. The landlord cannot refuse.
New Construction Requirements
Multi-family residential buildings built after March 13, 1991 with four or more units must meet FHA accessibility standards. Required features include:
- At least one accessible building entrance
- Accessible and usable public and common areas
- Doors wide enough to accommodate wheelchairs (32 inches clear)
- Accessible routes within each unit
- Accessible light switches, electrical outlets, and environmental controls
- Reinforced bathroom walls for future grab bar installation
- Usable kitchens and bathrooms for wheelchair users
New York State's Additional Protections
New York's Human Rights Law goes further than federal law in several important ways:
- Immigration status cannot be used to discriminate in housing
- Source of income (including housing vouchers and disability benefits) is a protected class in New York — landlords cannot refuse Section 8 or HASA vouchers
- All housing transactions are covered — not just those with four or more units
- Broader definition of disability than the federal standard
How to File a Complaint
If you believe you've experienced housing discrimination based on disability:
- HUD: File online at hud.gov/program_offices/fair_housing — you have one year from the discriminatory act
- NYS Division of Human Rights: dhr.ny.gov — one year from the act for administrative complaints
- Private lawsuit: You have two years to file a federal civil lawsuit under the FHA
- Document everything: Save all correspondence, record dates and times of interactions, and write down what was said
Looking for a Fair, Knowledgeable Agent?
Agent Asad is committed to equal housing for all — and has the experience to advocate for clients with disabilities throughout the Capital Region.
Contact Agent Asad