Understanding Accessible Housing: The Fair Housing Act

An accessible home is one that allows its occupants to do what they need to do, as independently as possible. If you or someone in your family is disabled, your home may need specific modifications to make it accessible for daily living. The Fair Housing Act requires property owners to make, or allows  residents to make, reasonable modifications for those with specific or special needs. This includes military installation housing.

The Fair Housing Act

The Fair Housing Act requires housing providers to:

• Make reasonable accommodations for people with disabilities. A property owner, however, is not required to make changes that would create an undue financial or administrative burden.
• Allow people with disabilities to make reasonable modifications. Property owners must allow residents to make reasonable changes to their units if those changes are necessary for the tenant to use the unit fully.

The Fair Housing Act also makes it illegal — based on your or family member’s disability — to:

• Refuse to rent a dwelling or to accept a legitimate offer
• Evict someone
• Use different applications or criteria
• Segregate people to specific units or areas
• Ask if anyone has a disability
• Refuse to make or allow reasonable modifications or accommodations

The Fair Housing Act applies to most housing options, including military installation housing. In fact, many states have fair housing laws that provide even greater protections. For your specific state law, contact your public housing agency. Learn how to file a complaint with the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity.

Service members and their families can receive free legal assistance regarding housing reasonable accommodations at their local military legal assistance office.

Visit the U.S. Department of Housing and Urban Development for more information about reasonable accommodations and modifications under the Fair Housing Act and the Americans With Disabilities Act.

What families with special needs should do prior to relocation

The availability of affordable on- and off-installation housing varies from one location to another. Military families with special housing requirements should contact the housing office or the Exceptional Family Member Program coordinator at their new duty location as early as possible. You can find contact information for both of these resources through MilitaryINSTALLATIONS.

How to handle accessible housing denials

If you’ve been wrongfully denied accessible housing, you should:

• Contact your legal assistance office or a civilian attorney. Service members and their dependents can receive free legal assistance regarding housing reasonable accommodations from their local military legal assistance office.
• File an administrative complaint. You can file a complaint with the Department of Housing and Urban Development within one year. To bring action under state law, contact the responsible state agency.
• File a private lawsuit. You can file a suit in federal court within two years. However, deadlines for state court actions vary.

If you are moving and your family member has specific accessibility needs, reach out to your new installation’s housing office for help finding a home that has everything you need to make your life as easy and comfortable as possible.