Rights of Persons
With Disabilities in Housing
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Rights
of Persons With Disabilities in Housing
Housing Rights
Who is Covered?
Reasonable Accommodation Modifications
Examples of Accommodation in Housing
RIGHTS OF PERSONS WITH DISABILITIES IN HOUSING
The Montana
Human Rights Act and the federal fair housing laws prohibit discrimination
in housing against a person with a physical or mental disability. It is also
unlawful to discriminate against persons who reside in a housing unit with a
disabled person or to discriminate against any person associated with a buyer,
seller, or renter with a disability.
HOUSING RIGHTS
Qualified persons with physical and mental disabilities have the right:
- to the same housing opportunities to purchase, rent, enjoy tenancy, facilities and services as persons without disabilities;
- to the same housing opportunities to continued tenancy, as persons without disabilities;
- to reasonable accommodation, made in the rules, policies, practices and services to allow them equal opportunity to use the housing;
- to make reasonable modifications to the facility to allow them to use the housing unit and property.
The fair housing laws also apply to qualified persons associated with persons with disabilities.
WHO IS COVERED?
To be protected under Montana law and the federal fair housing laws, a qualified buyer or renter must:
- have a physical or mental impairment that substantially limits one or more major life activity;
- have a record of such an impairment; or
- be regarded as having such an impairment.
Persons with disabilities must also be qualified to rent or purchase housing and follow the rules of tenancy.For example they must:
- be able to pay for rent or purchase;
- make payments on time;
- follow the rules of tenancy;
- care for rental unit;
- be respectful of other tenants.
REASONABLE ACCOMMODATION MODIFICATIONS
A. Renters and Buyers
- have a duty to inform housing providers that an accommodation is requested;
- may have to pay for modification costs to the unit.
B. Housing Providers
- In Advertising - Montana laws and federal fair housing laws prohibit anyone from printing, or publishing any advertisement or statement that indicates a limitation or preference in the area of housing based on race, color, national origin, religion, creed, age, sex, marital status, familial status or disability.
- In
the Sale and Rental of Housing - Housing
providers may not take any of the following actions based on race, color,
national origin, religion, creed, age, sex, marital status, familial status
or disability:
- refuse to rent or sell housing;
- where reasonable, pay for modification costs of common use facilities.
EXAMPLES OF ACCOMMODATION IN HOUSING
- An apartment complex with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
- The owner of a mobile home must allow the tenant, whose child is in a wheelchair, to install a ramp to access the unit.
- An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
- A homeowner with a "no pets" policy must allow a tenant with a chronic mental illness to have a cat if prescribed for therapeutic value by a medical professional.
***** An accommodation is not reasonable if it endangers any tenant's health or safety or creates an extraordinary hardship on the housing provider. *****
