Disability Housing Discrimination: They Can't Deny Your Rights

Maria's $165,000 Lesson for Landlords Who Don't Understand Disability Rights

Maria Torres uses a wheelchair. Her co-op board in New York said no to grab bars in her bathroom. Safety equipment. In her own home. That she was paying for.

Their reasoning? "Modifications would damage property value." As if Maria's ability to safely shower was somehow less important than theoretical resale concerns.

Two years later, after HUD investigation and settlement negotiations, Maria received $165,000 in damages. The co-op board also had to pay $585,000 to purchase her shares so she could move somewhere that actually respected disability rights. Plus attorney fees. Plus mandatory fair housing training for the entire board. Plus HUD monitoring for years.

Total cost to the co-op board for refusing $800 worth of grab bars? Over $750,000.

That's what happens when landlords think disability law is optional.

Here's What Actually Protects You

You're not working with one law here - you've got three hammers, and you can use all of them:

Fair Housing Act: Covers almost all housing. Protects you from discrimination and requires landlords to allow "reasonable accommodations" (changes to rules and policies) and "reasonable modifications" (physical changes to the property).

Section 504 of the Rehabilitation Act: Applies to any housing that gets federal money. Which is more housing than you'd think - public housing obviously, but also private buildings with FHA-insured mortgages, properties with federal rehab grants, universities receiving federal funding. Section 504 often requires landlords to pay for modifications, not just allow them.

Americans with Disabilities Act (ADA): Covers homeless shelters and other public facilities. Some overlap with Fair Housing Act but important for certain housing situations.

What this means practically: You probably have more rights than your landlord thinks you do. And you definitely have more rights than they're willing to give you.

Two Types of Rights: Accommodations and Modifications

People confuse these all the time. They're different, and knowing which one you need matters for how you ask and what the landlord has to do.

The standard is "reasonable" - would the accommodation or modification impose an "undue financial and administrative burden" or require a "fundamental alteration" of the housing? That's a high bar. Really high. Landlords love to claim things are unreasonable when they're just inconvenient.

The Emotional Support Animal Wars

This is the most common disability discrimination issue, which tells you something about how often landlords violate this particular right.

Let's be clear: If you have a mental health disability and your therapist says you need an emotional support animal, your landlord has to let you have one. Period. No pets policy doesn't matter. No large dogs policy doesn't matter. Breed restrictions don't matter. Pet deposit doesn't apply.

What You Need

A letter from a licensed healthcare provider - psychiatrist, psychologist, licensed clinical social worker, licensed professional counselor, doctor treating your mental health condition. The letter needs to say:

1. You have a disability (they don't have to say what it is)
2. The emotional support animal helps with that disability

That's it. Two sentences can do it. They don't need to describe your symptoms, your treatment history, your medications, your diagnosis, or anything else.

What Your Landlord Cannot Do

• Charge you pet rent, pet deposit, or any pet-related fees (though you're liable for actual damage)
• Refuse because of the animal's breed, size, or weight
• Require the animal to be certified, registered, or trained (those online ESA registries are scams - legally meaningless)
• Ask you what your disability is or demand medical records
• Make you wait months while they "consider" your request
• Require your doctor to fill out their special form (your doctor's letter is sufficient)

The "No Pets" Excuse Doesn't Work

In 2024, a Chicago landlord told Sarah Chen that his building was "strictly no pets, no exceptions." Sarah had depression and anxiety. Her therapist had recommended an emotional support dog. Sarah submitted her therapist's letter. Landlord said no - building policy was firm.

Sarah filed a HUD complaint. Four months later, the landlord settled for $28,000. Sarah got her dog, got damages for emotional distress, and the landlord had to change his lease to acknowledge ESA rights.

The "no pets" policy wasn't firm. It was illegal when applied to assistance animals.

Service Animals vs ESAs

Service animals are trained to perform specific tasks for people with disabilities. Guide dogs for blind people. Seizure alert dogs. Dogs that retrieve items for people with mobility disabilities. These have broader access rights - they can go into restaurants, stores, anywhere the public goes.

Emotional support animals provide comfort and emotional support but aren't trained for specific tasks. They're protected in housing under Fair Housing Act but not in public places like restaurants.

In housing, both are protected. Your landlord has to allow both. The verification requirements are slightly different (service animal handlers don't always need verification if the disability and need are obvious), but the outcome is the same: landlord must allow the animal and cannot charge fees.

Physical Accessibility: Ramps, Grab Bars, and Your Right to Modify

Remember Maria and her $165,000 grab bar situation? That's not an outlier. Landlords frequently refuse reasonable modifications, and it costs them.

What You Can Install

Pretty much anything that makes the property accessible for your disability, as long as it doesn't create structural problems or safety issues:

• Wheelchair ramps (portable or permanent)
• Grab bars and handrails in bathrooms, hallways, wherever you need them
• Roll-in showers or accessible bathtubs
• Lowered countertops, sinks, or shelving
• Wider doorways (yes, you can modify walls within reason)
• Accessible door hardware - lever handles instead of knobs
• Visual or tactile warning systems for deaf or blind tenants

Who Pays?

Under Fair Housing Act: You pay for modifications. Landlord has to allow them but doesn't have to pay.

Exception - Section 504 (federally-funded housing): Landlord often has to pay for modifications, not just allow them. If your building gets any federal money, ask whether Section 504 applies. It might.

Buildings built after 1991 under certain federal programs: May already be required to have accessible units. If you're in federally-funded new construction, they might have obligations beyond just "allowing" you to modify at your expense.

The Restoration Requirement

Landlord can require you to restore the property to its original condition when you move out, IF:

• The modification would interfere with the next tenant's use and enjoyment
• Restoration is reasonable (landlord can't require you to undo something that benefits all tenants)

Example: You installed grab bars. Landlord can make you patch and paint the holes when you leave. You installed a wheelchair ramp at the entrance. That benefits all future tenants including delivery people, parents with strollers, people with temporary injuries. Landlord probably can't make you remove it.

Landlord can require you to put money in an escrow account to ensure restoration happens. But they can't use this as a barrier - the amount has to be reasonable (actual estimated restoration cost, not a punitive amount to discourage you).

When Landlords Say No

Common illegal excuses landlords use:

• "I don't want tenants making changes to my property" - Not a valid reason. Law requires them to allow it.
• "It will decrease property value" - Almost never true, and even if it were, not grounds for denial unless it's fundamental alteration.
• "We might get sued if you fall despite the modifications" - Nope. You can agree to hold them harmless for injuries related to your modifications.
• "It's too expensive" - You're paying for it, not them, so this doesn't fly.
• "We need our own contractor to do it" - They can require licensed contractors, but can't force you to use specific expensive ones if yours are qualified.

What Landlords Can Ask (Spoiler: Not Much)

This is where landlords get themselves in trouble constantly. They think they're entitled to your medical history. They're not.

Before You Request an Accommodation

Landlords cannot ask you anything about disabilities. Not on the application. Not during the lease signing. Not ever. If you're not requesting an accommodation, your medical information is none of their business.

After You Request an Accommodation

If your disability isn't obvious and the need isn't obvious, landlord can ask for verification. But here's what that means:

They can ask: "Do you have a disability as defined by Fair Housing Act, and is this accommodation necessary because of that disability?"

They get that answered through a letter from your healthcare provider saying: "Patient has a disability under the Fair Housing Act and needs [accommodation] because of that disability."

That's the extent of it.

What They Cannot Ask

• What is your diagnosis?
• What medications do you take?
• Can we see your medical records?
• Sign this authorization so we can contact your doctor directly
• Have you been hospitalized?
• How severe is your disability?
• Fill out our 10-page medical questionnaire

In 2024, a property management company in Seattle sent a tenant a five-page medical questionnaire when she requested an emotional support animal. The form asked about her diagnosis, treatment history, medications, hospitalizations, and required her doctor's signature authorizing them to request full medical records.

She sent back a one-page letter from her therapist stating she had a mental health disability and needed the ESA. Property manager rejected it - said she had to complete their form.

She filed a HUD complaint. Settlement: $31,000. She got her dog, got paid for the emotional distress of having her privacy violated, and the property management company had to revise their verification procedures for all their properties.

Those five pages cost them $31,000.

How to Request an Accommodation (The Right Way)

Sample Request Letter

What to Do When They Say No

Don't waste months arguing. File a complaint.

File HUD Complaint (Free)

• Online at hud.gov/fairhousing (easiest way)
• Call 800-669-9777
• Deadline: 1 year from denial
• HUD investigates for free
• If they find discrimination (82% chance in disability cases), you can get damages + they can impose penalties on landlord

File a Federal Lawsuit

• You have 2 years to file (longer than HUD deadline)
• Many disability rights attorneys work on contingency (you pay nothing unless you win)
• Federal court can award punitive damages (HUD administrative hearing cannot)
• Landlord pays your attorney fees if you win - this is why attorneys take these cases

Contact Disability Rights Organizations

• Disability Rights Education & Defense Fund (DREDF)
• National Fair Housing Alliance and local members
• Legal aid organizations in your area
• ACLU disability rights project
• State protection & advocacy agencies

You don't have to fight alone. These organizations exist specifically to help people whose disability rights are being violated.

What You Can Win

Disability discrimination cases result in real money. Here's the breakdown:

Real Examples

• 2024 ESA denial (Seattle): $31,000 settlement
• 2024 ESA denial (NYC): $22,000 + landlord allowed dog
• 2024 ESA denial (Chicago): $28,000 settlement
• 2025 grab bars denial (New York): $165,000 + $585,000 to buy tenant's shares
• 2025 pattern case: $960,000 fund for 19 victims + $40,000 penalty

Average settlement for ESA denial: $15,000-$35,000. For physical modification denials: $20,000-$60,000. For complete refusal to rent: $25,000-$75,000.

Calculate Your Potential Damages

Use our calculator to estimate what you could recover for disability housing discrimination.

Frequently Asked Questions