The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities.

What qualifies as a disability?
The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. Major life activities include caring for yourself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and working.

Accessibility

The Fair Housing Act’s requires certain multifamily housing to be accessible to and usable by people with disabilities, and, in particular, those who use wheelchairs. There are other federal statutes that prohibit discrimination against individuals with disabilities, including the Americans with Disabilities Act.

The new construction requirements of the Fair Housing Act apply if a building with four or more units was ready to live in after March 13, 1991:

1. Public and common areas must be accessible to individuals with disabilities.
2. Doors and hallways must be wide enough for wheelchairs.

Each unit must have:

1. An accessible route into and through the unit,
2. Accessible light switches, electrical outlets, thermostats and other environmental controls,
3. Reinforced bathroom walls to allow later installation of grab bars, and
4. Kitchens and bathrooms that can be used by people who use wheelchairs.

If there is an elevator, the requirements apply to every floor and every unit.

If there is not an elevator, the requirements only apply to ground floor units.
*Source: Our friends at Disability Rights Florida, Inc. 

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