6 Reasonable Accommodation Guide
Figure 1: Federal and State Laws Prohibiting Discrimination in Housing against People with Disabilities
Law Housing Covered
Types of Practices
Which Are Prohibited
or Required
Definition of Person with a
Disability (Handicap)
Fair Housing
Amendments Act
42 U.S.C. § 3601
et seq. (federal)
All types of “dwellings” that are designed
or used as a residence, and any land or
vacant property that is sold or leased as
residential property. Does not apply to:
1. Rental dwellings of four or less units,
when one unit is occupied by the
owner.
2. Single family homes sold or rented
by the owner without the use of a
broker or discriminatory advertising.
3. Housing owned by private clubs or
religious organizations that restrict
occupancy in housing units to their
members.
1. Cannot discriminate in renting,
selling, imposing terms and
conditions, advertising, asking
questions, or blockbusting (implying
that people of a designation are
entering the community in large
numbers).
2. Must provide reasonable
accommodations at the landlord’s
expense.
3. Must allow reasonable modifications
at the tenant’s expense.
Persons who:
1. Have a physical or mental
impairment substantially limiting one
or more major life activities, including
caring for one’s self, walking, seeing,
hearing, speaking, breathing,
working, performing manual tasks,
and learning.
2. Have a history of a physical or mental
impairment substantially limiting one
or more major life activities.
3. Are regarded as having a physical or
mental impairment substantially
limiting one or more major life
activities.
Chapter 41A of
N.C. General
Statutes (state)
All housing, including common areas,
except:
1. Owner-occupied, “single family”
housing (up to 4 units).
2. Owner-occupied boarding houses.
3. Private clubs, operating for
commercial purposes.
1. Cannot discriminate in the terms,
conditions, or privileges of a real
estate transaction or provision of
facilities.
2. Cannot refuse to make reasonable
accommodations to rules, practices,
policies, or services.
3. Cannot refuse to allow the tenant to
make reasonable modifications.
Same as above.
Titles II and III of
the Americans
with Disabilities
Act (federal)
Title II applies to housing provided by
state and local governments and their
entities, including public housing
authorities, regardless of whether they
receive federal funds.
Title III applies to public entities, such as
commercial facilities and common areas
of rental housing and homeless shelters.
1. Cannot deny qualified individuals the
opportunity to participate in or benefit
from federally funded programs,
services, or other benefits.
2. Cannot deny access to programs (all
operations of the housing provider),
services, benefits, or opportunities to
participate as a result of physical
barriers.
The housing provider is not required to
take steps that it can demonstrate will
cause an undue financial or
administrative burden or change the
fundamental nature of the program.
Same as above.
Section 504 of
the Rehabilitation
Act
29 U.S.C. § 794
(federal)
Any housing program or activity receiving
Federal financial assistance or any
housing program or activity conducted by
any executive agency of the U.S.
government or by the United States
Postal Service. See Box on Page 13 for
definition of “Federal Financial
Assistance”.
1. Same as Title II and III of the ADA.
2. 5% of units must be accessible for
persons with mobility impairments
and an additional 2% must be
accessible for persons with visual or
hearing impairments.
3. Reasonable modifications must be
made at the expense of the housing
provider.
Same as above.
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