The Fair Housing Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act protects individuals with disabilities from discrimination in housing, including individuals with mental, intellectual, or emotional disabilities.
Discrimination based on mental and emotional disabilities make up roughly 15% of the complaints we receive. Though not every complaint is resolved through litigation, you can read about cases we’ve filed on the basis of mental/emotional disability on our Litigation Log.
Housing discrimination based on a mental, intellectual, or emotional disability could come in a variety of different forms, some of which may be subtle. Examples include, but are not limited to:
Scott Lorms has an emotional disability and was denied the opportunity to look at or rent a property because he lives with two emotional support animals. Because they were denied housing, Mr. Lorms and his family had to rent more expensive housing that was much further away from his work, friends, and family. The case was resolved in 2020 for an undisclosed amount.
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Darrian Shaffer is a toddler who suffered from HSV Encephalitis, an illness that left him with a significant amount of brain damage. Darrian’s disability impedes his understanding of language- including simple warnings like “stop” or “no.” Taking him to an open-area park or playground is dangerous.
Darrian’s father planned to enclose the backyard with a fence, but the owner of the mobile home park where the family resides refused the request on aesthetic grounds. After the Fair Housing Center informed the owner about fair housing law, permission was given and the fence was built. Even the owner now agrees that the fence looks good– and more importantly, Darrian has room to play safely.
Protected disabilities include (but are not limited to) mental health, psychological, intellectual, and developmental conditions, such as organic brain syndrome, depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD), specific learning disabilities, autism, down syndrome, traumatic brain injuries, alcoholism, and drug addiction (other than addiction caused by current, illegal drug use).
Reasonable accommodations are changes in rules, policies, practices, or services that may be necessary to afford a person with a disability an equal opportunity to use and enjoy housing.
You can learn more about reasonable accommodations and how to request one on our Reasonable Accommodations page.
Reasonable modifications are changes to the physical structure of a dwelling that may be necessary to afford a person with a disability an equal opportunity to use and enjoy housing. In housing with HUD funding, structural changes to a unit or public or common use area must be provided by the housing provider.
You can learn more about reasonable modifications and how to request on on our Reasonable Modifications page.
Examples for those specifically with mental, intellectual, or emotional disabilities include (but are not limited to):
If you believe you have been the victim of housing discrimination, please call us toll-free at 1-877-979-FAIR to discuss the situation.