Since the making of this video, the Illinois Human Rights Act has expanded to also prohibit discrimination in real estate transactions based on arrest record, source of income, and, beginning on January 1, 2024, immigration status. 

Fair Housing for Individuals with Disabilities: The Basics

This presentation is to help people learn about their rights. It is not legal advice. During this presentation, we’ll cover the some of the most common types of housing discrimination, go over some examples, explain how to contact the Department of Human Rights with your complaint, and briefly discuss what happens once a discrimination charge is filed.

Fair housing is about choice and equal access. A person should be able to choose where to live, without regard to his or her race, religion, national origin, sexual orientation, or any other unlawful factor. The laws that make it illegal to discriminate against someone are called “fair housing laws.”

This presentation is about the fair housing laws that protect people with disabilities from being discriminated against when renting, buying, or living in their homes. A “protected class” is a category that cannot be targeted for discrimination.

Under the federal fair housing laws, there are 7 protected classes, or categories, that apply to housing discrimination. They are

1. race,
2. color,
3. national origin; meaning the country where a person was born,
4. religion,
5. sex; which includes sexual harassment,
6. familial status; which means families with children, and disability. The disability category includes both mental and physical disabilities. It also includes people who may not have a disability, but whom other people think to have a disability.
7. This is called “perception” of a disability. The fair housing law under the State of Illinois, called the Illinois Human Rights Act, includes the 7 protected classes that are covered under the federal fair housing laws,

7 categories under state law

1. age; for people 40 and over,
2. ancestry; meaning the part of the world where you or your ancestors are from,
3. marital status; such as married or single,
4. unfavorable military discharge, military status,
5. Sexual orientation protection refers to people who are gay, lesbian, bisexual and transgender
6. Order of protection status protects people who have been abused and obtained an order of protection from a court.

Some local jurisdictions have additional protected classes. For example, the City of Chicago protects “source of income,” which means that in the city of Chicago, people cannot be discriminated against because of the source of their income. This means that whether their income comes from a job, or from another source such as child support, a disability check, or a Housing Choice Voucher; also known as Section 8, the landlord or property manager should treat that income just the same.

In Cook County outside of the City of Chicago, having a Housing Choice Voucher is not a protected class.

People with disabilities should not be denied housing just because they have a disability. Also, to help people with disabilities enjoy equal housing; some barriers to their housing enjoyment may need to be removed. Therefore, fair housing laws require that people with disabilities be given Reasonable Accommodations and Reasonable Modifications.

Reasonable accommodations are changes in rules, policies, practices, or services that allow people with disabilities the equal opportunity to use and enjoy their homes. To have a valid request for a reasonable accommodation, a person needs three things.

1. First, the person must have a disability
2. because of their disability, need a change to the rule or policy or practice, and
3. the request must be reasonable

Here are some examples: Let’s say a landlord provides parking for tenants. Someone who uses a wheelchair may need an extra wide parking space to accommodate the wheelchair; or, someone who has a leg brace and has difficulty walking may need to have a parking space close to their door reserved for them.

Another example is asking for an exception to the rule about paying rent on the first day of the month if your disability check comes on the fifth day of the month so that you don’t have to pay a late fee. Another typical example is getting an exception to a landlord’s “no pet” policy when your doctor or therapist says that you need a dog to help you with your disability.

Note that if your disability is not apparent, a landlord or other housing provider may ask for proof that you have a disability and really need the requested accommodation. Reasonable modifications are physical changes to the unit or common area that allow people with disabilities an equal opportunity to use and enjoy their home.

Examples include removing doors or changing a sink so that a wheelchair will fit, adding a ramp to the entrance of the building for a wheelchair, or adding grab bars in the bathroom. People who can’t hear might need to install a doorbell that blinks. People in wheelchairs might need a roll-in shower.

A person who has trouble walking up stairs might need to install a railing in the stairway of a common area. It’s important to note that in the case of modifications, which are changes to the structure of the unit or building, the tenant or person making the request must pay for the amendment, not the property owner. And, the property owner can in some cases require that the property be restored to its original condition. Listen to this scenario and answer the question. A man came to view an apartment listed for rent. The landlord notices the man walks with a cane and asks the man if his injury is permanent. The man says no. After walking through the apartment, the landlord asks the man if he will be able to handle living on the third floor? Is it okay for a landlord to ask these types of questions? No, a housing provider cannot ask general questions about a person’s disability, unless there is a business reason to do so.

About this video

This video is an overview of fair housing for people with disabilities. The information provided in this video includes:

• Most common types of housing discrimination
• Examples of housing discrimination
• Explanation of how to contact the department of human rights 
• Explanation of what happens when a discrimination charge is filed

About the Fair Housing Video Series

This video series about fair housing will help victims of housing discrimination and household providers understand what is prohibited under the Fair Housing Act. The video series also provides information about what to do if you have been discriminated against, such as how to file a complaint, get legal help, and recognize unfair housing practices around you.

Please view a video by clicking on its link:  

• Fair housing training for individuals with disabilities
• LGBT rights and fair housing
• Your right to fair housing: a guide for new Americans
• Fair housing training
• Fair housing 101: condo associations and cooperatives