You Have a Right to Fair Housing
Federal Law
Vermont Law
How do I know if someone is
discriminating against me?
I think I was discriminated against.
What can I do?
What is illegal discrimination against
persons with disabilities?
What kind of accommodation or
modification may a person with a disability ask for?
What is a reasonable accommodation?
What does 'reasonable' mean?
How do I ask for a "reasonable
accommodation?" Do I need a doctor's note?
What information can a landlord
request?
Who is protected from Discrimination?
Which landlords are covered?
You Have a Right to Fair Housing.
Your housing rights are protected under federal and state law. This
means that it is against the law for anyone to treat another person
differently in housing situations like renting or home buying because
that person is a member of a protected class (group) of people.
Federal law,
which covers all states, says that tenants or
home buyers cannot be treated differently in their search for housing
or denied housing on the basis of their:
Race
Color
Sex
Family status (having minor children)
Disability
National origin
Religion
Vermont law
adds additional categories of people who are
protected against discrimination. In addition to the categories listed
above, in Vermont it is also illegal to treat renters and buyers
differently on the basis of their:
Marital status (whether you are single or married)
Sexual orientation (whether you are homosexual or heterosexual)
Age
Receipt of public assistance (whether you are receiving any kind
of public assistance such as ReachUp, SSI, food stamps or rent
assistance such as Section 8.
How do I know if someone is
discriminating against me?
Here are some examples of behavior that may be fair
housing discrimination:
You are told that the apartment you want is not available, but
the landlord has one in another location that would be "better" for
you.
The landlord insists that you go on "vendor payments" for your
rent if you are on ReachUp, SSI or other public assistance and does
not require this from other low-income tenants.
The landlord rejects your application because you have children or
are married or single or divorced or are lesbian or gay.
You are told that the apartment is no longer available and you
know it is not true.
You are told that there is a higher application fee or extra
references are required for families with children.
You are shortchanged on housing services because of your race,
religion or sex. This can apply to loans, proper processing of
applications, repairs or other services.
Your landlord demands a higher security deposit because of a
tenant's race, color or disability.
I think I was discriminated against.
What can I do?
If a tenant wishes to take action against a landlord, he or she can
file a complaint with the Vermont Human Rights Commission, which will investigate
the complaint. If discrimination is substantiated, the Human
Rights Commission will try to resolve it.
A tenant may also file a complaint with HUD (the U.S. Department of
Housing and Urban Development) for violations of federal law. HUD's
regional office is located at 10 Causeway Street, Room 308, Boston, MA
02221.
Do you believe you were discriminated against in housing? You can
bring a law suit in court. You should talk to an attorney to do so.
Call Vermont
Legal Aid. You may qualify for free legal help.
What is illegal discrimination against people
with disabilities?
Under state and federal law, it is illegal to treat
people with disabilities differently from people without disabilities.
It would be discrimination to ask if someone is disabled or uses
prescription medication or has ever been hospitalized or
institutionalized.
People with disabilities may face different kinds of discriminatory
behavior. Landlords and real estate agents seldom say things like
"you can't live here because you are disabled." However, some of the
discriminatory things they may say are:
"You can't live here because there's no one to take care of you.
You can't live on your own."
"I'd like to rent to you but my insurance will go up."
"I can't rent to you because you are deaf and you won't know when
the fire alarm goes off."
"We have a 'No Pets' rule," including your guide dog (or other
service animal).
"You won't be able to get out of the apartment if there is a
fire because of your wheelchair"
"Your wheelchair is going to damage the walls, carpet, floors,
etc."
"I don't like the look of a wheelchair ramp."
"Have your psychiatrist call me and tell me what medications you
take before I decide whether I'll rent to you."
What kind of accommodation or modification may
a person with a disability ask for?
Generally, there are two types of modifications
available to a person with a disability:
Physical modifications: This means actual physical changes to the
housing unit. It is illegal to refuse a person with a disability
permission to make reasonable physical modifications to the premises,
at his or her own expense, if the modification is necessary to allow
him or her full enjoyment and use of the unit.
Other modifications: A landlord, housing manager or purchasing
agent must make a reasonable accommodation by changing rules, policies
or procedures if those changes are necessary to allow a person with a
disability to use the premises to the same extent as everyone else.
A request for physical modifications or another accommodation can be
denied if it poses an undue financial burden to the landlord. Except
when the landlord receives federal funding, the person asking for the
change or modification must pay for the modification and the landlord
can require that the renter restore the unit to the way it was before
the change was made when the tenant leaves.
What is a reasonable accommodation?
A reasonable accommodation is a change in any rule,
policy, procedure or service if the changes requested are needed in
order for a person with a disability to have equal access, use and
enjoyment of their housing the same as someone without a disability.
A common example of a reasonable modification is building a ramp to a
building's entrance to enable a tenant using a wheelchair to enter,
or installing support bars in a bathroom. A common example of a
reasonable accommodation is waiving a "no pets" policy for a person
with a disability service animal.
What does "reasonable" mean?
According to Fair Housing laws, an accommodation or
modification can only be denied if it is not reasonable. A reasonable
accommodation or modification request means that the request made:
does not cause an undue financial or administrative burden to the
housing provider; and
does not fundamentally change the nature of the housing program; and
will not cause harm or damage to others; and
is technologically possible.
How do I ask for a "reasonable
accommodation?" Do I need a doctor's note?
It is the responsibility of the tenant to ask for a
reasonable accommodation or modification. A landlord should not be
expected to predict or anticipate a person's needs. A tenant who
wants to request a reasonable accommodation or modification should
make the request in writing to the housing provider. The letter should
state that the tenant has a disability, which is creating a special
need, and they want to discuss a reasonable accommodation or
modification with the landlord or housing manager. If the tenant
knows exactly what accommodation or modification he or she needs
the letter should state this.
What information can a landlord
request?
Once a tenant requests a reasonable accommodation
or modification because of his or her disability, housing laws
allow a landlord to request verification from a medical professional
or another professional service provider that a tenant requires a
reasonable accommodation or modification. An example is a doctor's
note that says the tenant has a disability and that the requested
accommodation is necessary because of the person's disability.
The doctor's note does not have to give the tenant's diagnosis,
medication information or any other private information unless it
is directly relevant to the need for the accommodation requested.
In some cases, a doctor may not be the best person to provide the
verification that the modification or accommodation is necessary. For
example, a person with a wheelchair may need cabinets to be adjusted.
In such a case it may be better to have an adaptive equipment
specialist or another person knowledgeable about wheelchair
accessibility to verify how the cabinets should be changed. The need
for a service animal may be verified by a mental health professional,
not necessarily a medical doctor.
Who is protected from
Discrimination?
According to Fair Housing laws, a person who is
disabled is defined as:
Having a physical or mental impairment which substantially
interfere with at least one major life activity (such as walking,
speaking, hearing, seeing, learning, breathing etc); or
A person who has a record of physical or mental impairment; or
A person who is perceived by others as having a physical
or mental impairment.
Which landlords are covered?
In Vermont, Fair Housing laws cover all landlords,
except:
Buildings with three units or fewer and where the landlord him/her
self lives in one of the three units; and
Housing owned by religious organizations.
Vermont Law Help, 2008.
This is a website about Vermont law. We give this information
as a public service. It is not legal advice. We are not acting as your
lawyer.
Always consult a lawyer, if you can, before taking legal action.
