Fair Housing for Older Adults with Disabilities

Fair housing laws protect people from discrimination in housing. You are protected when you are looking for housing and protected from unequal treatment once you are living somewhere. See our fact sheet Housing Discrimination for basic fair housing information. This fact sheet is for older adults with disabilities who think they have faced or are facing discrimination from their housing provider. 

A person is considered disabled if they: 

• have a physical or mental impairment that greatly limits them in one or more major life activities
• are a person who is seen by others as having an impairment that limits them
• have a history or record of the impairment

Fair housing laws protect older adults with disabilities who live or apply to live in:

• single family homes, condominiums, cooperatives, and townhomes
• nursing homes
• assisted living / housing with services
• continuing care facilities
• older adult / senior apartments
• mixed age apartment buildings
• mobile home communities
• other settings

Fair housing laws apply to renters and home buyers – but some protections only apply to one or the other. 

There are also situations that don’t have to follow the same rules. Like: 

• If you live in a home run by a nonprofit organization, they can have rules about only letting people of a certain gender live there.
   
• If you rent a room or rooms in a house where the owner lives, they can decide who to rent to based on sex, marital status, if you get public benefits or not, sexual orientation or disability. 

Some people think nursing homes can pick and choose residents based on disability. This is not true. Nursing homes assisted living facilities, and similar housing must follow disability rights laws. Most of these housing types were created to serve people with disabilities.

Generally, these kinds of providers can’t discriminate against people based on their type of disability. So, if the landlord or management turns down your application, tries to evict you, or treats you differently because of your disability, they might be breaking the law.

For example, is someone asking any of the following: 

• Are you able to live on your own?
   
• Do you have a disability?
   
• How bad is your disability?
   
• Do you take medications?
   
• Why do you get social security benefits?
   
• I’ll need to look over your medical records.
   
• Have you ever been hospitalized because of mental illness?

For example, is anyone saying things like:

• We are taking away your wheelchair because you can’t operate it properly.
   
• Residents with walkers have to live on the first floor.
   
• Only our active older adults live in these units.
   
• You can’t eat in the dining room because your disability makes others uncomfortable.
   
• People who use wheelchairs cause damage, so you have to pay a double security deposit.

For example, a poster or ad that says things like:

• Ambulatory persons only.
• Building ideal for agile/physically fit.
• No mentally ill residents allowed.

You have the right to ask for structural or physical changes to a place you rent if you need them because of your disabilities. These are called “reasonable modifications.” These changes can be in your unit or in common areas. You have the right to equal use of all the common areas – including the main entrance and the residential elevator. 

For example, you can ask for structural changes like: 

• bathroom grab bars
• adjusted doorknobs
• a ramped entry
• a wider door to allow wheelchair passage

You have the right to ask for changes in building policies and rules if you need the changes to let you use and take advantage of the programs and services offered by a housing provider. These are called “reasonable accommodations.” 

For example:

• asking to change the place where community gatherings and meetings are held because you can’t get to it
   
• asking for a more convenient parking space
   
• asking them to re-think an application denial or eviction
   
• having an assistance or companion animal
   
• adjusting services

Note: Housing providers can’t ask for a deposit for your assistance or companion animal. But if the animal causes damage you have to pay for repairs and charges. 

Call your local legal aid office at 1(877) 696-6529 if you feel you are the victim of housing discrimination and want to understand your rights. This service is free to eligible individuals.

Or look for help from other programs at www.lawhelpmn.org/providers-and-clinics. 

You can also call, or go to:

MN Department of Human Rights
Griggs Midway Building
540 Fairview Ave North, Suite 201
St. Paul, Minnesota 55104

Phone: (651) 539-1100 or 1(800) 657-3704
MN Relay: 711 or 1(800) 627-3529

Discrimination helpline: 1-(833) 454-0148
Email at: info.mdhr@state.mn.us  website at: www.mn.gov/mdhr/

Housing and Urban Development (HUD)
Minneapolis Field Office     
212 Third Ave South, Suite 150    
Minneapolis MN 55401    

Phone: (612) 370-3000
TTY: 7-1-1 (Not available in all areas)
www.hud.gov

Housing and Urban Development (HUD)
Chicago Regional Office of FHEO
77 West Jackson Boulevard, Suite 2202    
Chicago, IL 60604-3507

Phone: (312) 913-8453
1-(800) 765-9372
TTY: (312) 353-7143
www.hud.gov

You can submit a complaint to HUD on their website www.hud.gov or write to the Chicago office listed above.