The Fair Housing Act of 1988 prohibits housing discrimination on the basis of disability, along with several other bases. The law includes private housing, housing that receives Federal financial assistance, as well as State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence.
The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to this rule and allow a disabled person to keep an assistance dog in the residence.
The U.S. Dept of Housing and Urban Development enforces provisions of the Fair Housing Act. In California, the California Department of Fair Employment and Housing assists in the resolution of housing discrimination issues. Their process includes an opportunity to submit a written complaint and discuss it with an investigator. If the complaint is determined to be valid, it will be filed and served by the DFEH to the respondent. If that does not immediately resolve the issue, additional steps can be taken by DFEH to investigate, mediate or initiate legal action to resolve the complaint.
Complaints of Fair Housing Act violations may also be filed with the U.S. Department of Housing and Urban Development.
Additional Information & Resources:
U.S Dept of Housing & Urban Development
Americans with Disabilities Act
California Department of Fair Employment and Housing
A Guide to Disability Rights Laws
Guide to Disability Rights Laws
California Legal Codes with ADA Penalties
California Service Dog Laws
The information on this website is provided for informational purposes and should not be taken as legal advice. Any questions regarding your rights under law should be directed to your own attorney.