Discrimination and Fair Housing
The federal Fair Housing Act prohibits the denial of housing to a person based on the person’s membership in one or more of the classes protected under the Act. The protected classes are race, color, religion, national origin, sex, familial status and handicap.
Under the Act, handicap means with respect to a person:
- a physical or mental impairment which substantially limits one or more of such person’s major life activities,
- a record of such an impairment, or
- being regarded as having such an impairment.
The term does not include current, illegal use of or addiction to a controlled substance.
In the U.S. Department of Housing and Urban Development’s regulations, both HIV infection and AIDS are considered to be an impairment. Also, federal cases have defined HIV infection and AIDS as a handicap.
It is therefore illegal to discriminate against a person in the provision of housing because that person has HIV infection or AIDS; has a record or having HIV infection or AIDS; is perceived as having HIV infection or AIDS; is associated with persons with HIV infection or AIDS; or has a person with HIV infection or AIDS residing with them.
Examples of illegal discrimination under the federal Fair Housing Act based upon a person’s handicap are:
- False Denial of Availability
- Advising that there are no available units when, in fact, there are.
- “Sorry we just rented the last unit.”
- “We do not rent to persons who have AIDS or who have friends with AIDS.”
- “The rent is $200 higher for persons with a handicap or persons with friends with a handicap.”
- “You may not install grab bars in the bathroom.”
- “It’s against the rules to have another person live with you, even though there is enough room and the person is necessary to help you with your health needs.”
If you believe that you have been discriminated against in a housing situation, please contact Legal Aid Services of Oklahoma and we will discuss the situation with you and help you to decided what to do next.
Your response to us will be kept confidential.
If you have any questions, call the Fair Housing Project at 888-534-5243 or visit our web site http://www.legalaidok.org/
You can make a request to the Landlord to accommodate a late rent payment due to your disability.
Sign and date the letter. Keep a copy. Keep the copy in a safe place.
If you need to talk to a lawyer, you can call Legal Aid Services of Oklahoma's Fair Housing Project.
