Workshops

Protection & Advocacy for People with Disabilities




Homebuying tips for people with disabilities

  • You can ask for any type of reasonable accommodation necessary to allow you to view available housing, apply for a loan, or obtain homeowners insurance. Accommodations can include such things as alternative formats (large print, audiotapes, videos of housing for which model units are not accessible as built), meeting at your home if travel is difficult for you, assistance with filling out forms, interpreter services. There are many other types of accommodations that may be requested, depending on your individual needs.

  • Prepare your financial records before going to the lender, realtor, or your insurance provider. Having your information organized helps the process go forward more smoothly.

  • Include information on any benefits you receive or have access to such as food stamps or Medicare/Medicaid. These benefits should be used to "gross up" your income. That means that the financial value of these benefits should be added to your employment and/or disability income BEFORE beginning the financial evaluation process.

  • If you do not have a credit history, ask the lender to consider your past history of rental payment, utility payment, payment of medical bills or other nontraditional credit.

  • If you have some poor credit history (often due to medical bills), ask the lender to consider your record of on-time rental payments more strongly- It is often possible for lenders and underwriters to put less emphasis on medical bills and more emphasis on a record of good housing payments.

  • If you have consistently paid a high percentage of your income on housing, point this out to the realtor and lender. This shows your willingness and ability to put your housing at a priority in your budget.

  • If you are turned down for a loan, be sure to ask for the exact reasons) why you did not get the loan. If you have more information or an explanation for the identified problem, you should be able to put a letter into your application file explaining the problem or adding more information. The lender should then reconsider your application in light of the added information.

  • If the processing of your loan application seems to be taking a very long time, ask why.

  • You should be able to get homeowner's insurance in any area of town, in any type of housing you buy or build.

  • You should be able to apply for a construction loan as well as a mortgage loan on an existing home.

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What must a housing provider do to ensure compliance with fair housing law?

  • "Reasonable accommodations" must be made available by the housing provider.
    "Reasonable accommodations" are practical and feasible. Accommodations creating 135 undo hardship endangering the health or safety of any person is not a "reasonable accommodation."

  • This applies to rules, policies, practices, and services necessary for a person with disabilities to have equal opportunity to use and enjoy the premises. For example: a building with "No Pets" policy must allow service animals, or a building must provide parking accessible to an individual with a mobility impairment.

  • A housing provider must allow reasonable modification, at the homeseeker's expense, to the existing housing or common use areas if the proposed modifications are necessary for a person's full use of the premises. A landlord may condition permission to make modification on the residents agreeing to restore the premises to prior conditions. This condition is not permitted on public or common-use areas.

 

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What is a discriminatory housing practice for which a complaint can be filed?

  • Any action by a housing provider that denies a qualified individual with disabilities equal treatment or equal opportunity to have access to fair housing, including:

  • Falsely representing that a housing accommodation is not available because of a person's physical or mental disability.

  • Advertising or otherwise stating a preference or limitation related to physical or mental disability.

  • Refusing to rent, sell or deal with a person, or otherwise denying an accommodation or making it unavailable because of a disability.

  • Discrimination in the terms, conditions or privileges of sale, or rental accommodation (or other property), because of a disability, such as the use of common facilities or services associated with the accommodation (or property).

  • Failure to make "reasonable accommodation" required by an otherwise qualified person with a mental or physical disability.

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What is a discriminatory housing practice?

By law, homeseekers cannot be denied housing because of:

  • Physical disability
  • Psychological disability
  • Hearing or vision impairment
  • Developmental disability
  • AIDS or HIV infection
  • Epilepsy, cerebral palsy
  • Or any other disability

Physical or mental disability means:

  • A physical or mental impairment that substantially limits a person's daily life activities.
  • A record of such impairment, or
  • A condition regarded (perceived) as such an impairment.

The following are examples of discriminatory housing practices

  • Refusing to show a person housing
  • Refusing to sell, rent or to deal with a person
  • Telling a person housing is not available when it is available
  • Advertising housing as being available to only certain people
  • Harassing, coercing, intimidating or interfering with the exercise of a person's fair housing rights
  • Steering - the practice of directing people to more "appropriate" neighborhoods

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