Discrimination Against Mental or Physical Health Conditions in Wisconsin Apartments

Wisconsin and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Wisconsin and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Wisconsin expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Wisconsin has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Wisconsin to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (41.2% from Wisconsin) of discrimination cases were resolved in the year they were filed. 32 out of the 51 discrimination complaints from Wisconsin were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wisconsin or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wis. Stat. Sec. 106.50 . Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wisconsin” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Wyoming Apartments

Wyoming and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Wyoming and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Wyoming expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Wyoming has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exemptions for Second Homes

Wyoming includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

Wyo. Stat. 40-26-103 , Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-110 .

Exception for Landlord-Occupied Homes

Wyoming has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Wyo. Stat. 40-26-103 , Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-110 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Wyoming to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (55.6% from Wyoming) of discrimination cases were resolved in the year they were filed. 9 out of the 9 discrimination complaints from Wyoming were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wyoming or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wyo. Stat. 40-26-137 , Wyo. Stat. Sec. 40-26-132 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Wyo. Stat. 40-26-137 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-132 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wyoming” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Virginia Apartments

Virginia and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Virginia and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. 18 Va. Admin. Code 135-50-80 , Va. Code 36-96.3 , Va. Code 36-96.5 , Va. Code Sec. 36-96.3 .

Virginia expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. 18 Va. Admin. Code 135-50-80 , Va. Code 36-96.3 , Va. Code 36-96.5 , Va. Code Sec. 36-96.3 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). 18 Va. Admin. Code 135-50-80 , Va. Code 36-96.3 , Va. Code 36-96.5 , Va. Code Sec. 36-96.3 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Virginia has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exemptions for Second Homes

Virginia includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

Va. Code 36-96.2 , Va. Code 36-96.7 , Va. Code Sec. 36-96.2 .

Exception for Landlord-Occupied Homes

Virginia has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Va. Code 36-96.2 , Va. Code 36-96.7 , Va. Code Sec. 36-96.2 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Virginia to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (61.1% from Virginia) of discrimination cases were resolved in the year they were filed. 53 out of the 90 discrimination complaints from Virginia were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Virginia or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Va. Code Sec. 36-96.17 . Va. Code Sec. 36-96.17 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Virginia” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. 7 such cases were filed with the federal government from in last year we have data (2016). Data.gov. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Washington Apartments

Washington and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Washington and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Wash. Rev. Code 49.60.210 , Wash. Rev. Code 49.60.222 , Wash. Rev. Code Sec. 49.60.222 .

Washington expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Wash. Rev. Code 49.60.210 , Wash. Rev. Code 49.60.222 , Wash. Rev. Code Sec. 49.60.222 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Wash. Rev. Code 49.60.210 , Wash. Rev. Code 49.60.222 , Wash. Rev. Code Sec. 49.60.222 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Washington’s housing law does not have an exception for when a tenant’s mental health condition may cause a direct threat to another tenant.

Exemptions for Second Homes

Washington includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

Wash. Rev. Code 49.60.222 .

Exception for Landlord-Occupied Homes

Washington has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Wash. Rev. Code 49.60.222 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Washington to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (57.3% from Washington) of discrimination cases were resolved in the year they were filed. 101 out of the 171 discrimination complaints from Washington were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Washington or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wash. Rev. Code Sec. 49.60.225 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Wash. Rev. Code 49.60.310 , Wash. Rev. Code Sec. 49.60.225 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Washington” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. 14 such cases were filed with the federal government from in last year we have data (2016). Data.gov. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in West Virginia Apartments

West Virginia and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

West Virginia and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. W. Va. Code Sec. 5-11 .

West Virginia expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. W. Va. Code Sec. 5-11 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). W. Va. Code Sec. 5-11 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

West Virginia has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exemptions for Second Homes

West Virginia includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

W. Va. Code 5-11 .

Exception for Landlord-Occupied Homes

West Virginia has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

W. Va. Code 5-11 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in West Virginia to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (25.0% from West Virginia) of discrimination cases were resolved in the year they were filed. 14 out of the 16 discrimination complaints from West Virginia were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of West Virginia or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. W. Va. Code 5-11 , W. Va. Code Sec. 5-11 . W. Va. Code 5-11 , W. Va. Code Sec. 5-11 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in West Virginia” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Utah Apartments

Utah and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Utah and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Utah Code 57-21-7 , Utah Code Sec.57-21-5 .

Utah expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Utah Code 57-21-7 , Utah Code Sec.57-21-5 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Utah Code 57-21-7 , Utah Code Sec.57-21-5 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Utah’s housing law does not have an exception for when a tenant’s mental health condition may cause a direct threat to another tenant.

Exemptions for Second Homes

Utah includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

Utah Code 57-21-3 .

Exception for Landlord-Occupied Homes

Utah has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Utah Code 57-21-3 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Utah to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (59.7% from Utah) of discrimination cases were resolved in the year they were filed. 59 out of the 67 discrimination complaints from Utah were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Utah or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Utah Code Sec. 57-21-11 . Utah Code Sec. 57-21-11 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Utah” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. 10 such cases were filed with the federal government from in last year we have data (2016). Data.gov. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Vermont Apartments

Vermont and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Vermont and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Vt. Stat. tit. 9, 4503 , Vt. Stat. tit. 9, 4506 , Vt. Stat. tit. 9, Sec. 4503 .

Vermont expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Vt. Stat. tit. 9, 4503 , Vt. Stat. tit. 9, 4506 , Vt. Stat. tit. 9, Sec. 4503 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Vt. Stat. tit. 9, 4503 , Vt. Stat. tit. 9, 4506 , Vt. Stat. tit. 9, Sec. 4503 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Vermont has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exception for Landlord-Occupied Homes

Vermont has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Vt. Stat. tit. 9, 4503 , Vt. Stat. tit. 9, 4504 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Vermont to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (54.5% from Vermont) of discrimination cases were resolved in the year they were filed. 10 out of the 11 discrimination complaints from Vermont were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Vermont or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Vt. Stat. tit. 9, Sec. 4507 . Vt. Stat. tit. 9, Sec. 4507 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Vermont” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in South Dakota Apartments

South Dakota and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

South Dakota and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. S.D. Codified Laws Sec. 20-13-20 .

South Dakota expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. S.D. Codified Laws Sec. 20-13-20 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). S.D. Codified Laws Sec. 20-13-20 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

South Dakota’s housing law does not have an exception for when a tenant’s mental health condition may cause a direct threat to another tenant.

Exception for Landlord-Occupied Homes

South Dakota has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

S.D. Codified Laws 20-13-20 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in South Dakota to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (60.0% from South Dakota) of discrimination cases were resolved in the year they were filed. 3 out of the 5 discrimination complaints from South Dakota were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of South Dakota or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. South Dakota law does not describe the penalties for violations of the fair housing rules. This means a judge decides consequences on a case-by-case basis. .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in South Dakota” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Tennessee Apartments

Tennessee and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Tennessee and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Tenn. Code 4-21-301 , Tenn. Code 4-21-601 .

Tennessee expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Tenn. Code 4-21-301 , Tenn. Code 4-21-601 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Tenn. Code 4-21-301 , Tenn. Code 4-21-601 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Tennessee has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exception for Landlord-Occupied Homes

Tennessee has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Tenn. Code 4-21-601 , Tenn. Code 4-21-602 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Tennessee to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (51.3% from Tennessee) of discrimination cases were resolved in the year they were filed. 78 out of the 117 discrimination complaints from Tennessee were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Tennessee or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Tenn. Code Sec. 4-21-306 . Tenn. Code Sec. 4-21-306 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Tennessee” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. 8 such cases were filed with the federal government from in last year we have data (2016). Data.gov. Dept of Housing and Urban Development.

Discrimination Against Mental or Physical Health Conditions in Texas Apartments

Texas and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Texas and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. 40 Tex. Admin. Code 819.124 , 40 Tex. Admin. Code 819.126 , 40 Tex. Admin. Code Sec. 819.126 , Tex. Prop. Code 301.021 , Tex. Prop. Code 301.022 , Tex. Prop. Code 301.025 , Tex. Prop. Code 301.171 .

Texas expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. 40 Tex. Admin. Code 819.124 , 40 Tex. Admin. Code 819.126 , 40 Tex. Admin. Code Sec. 819.126 , Tex. Prop. Code 301.021 , Tex. Prop. Code 301.022 , Tex. Prop. Code 301.025 , Tex. Prop. Code 301.171 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). 40 Tex. Admin. Code 819.124 , 40 Tex. Admin. Code 819.126 , 40 Tex. Admin. Code Sec. 819.126 , Tex. Prop. Code 301.021 , Tex. Prop. Code 301.022 , Tex. Prop. Code 301.025 , Tex. Prop. Code 301.171 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Texas has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Exemptions for Second Homes

Texas includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

40 Tex. Admin. Code 819.122 , Tex. Prop. Code 301.021 , Tex. Prop. Code 301.025 .

Exception for Landlord-Occupied Homes

Texas has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

40 Tex. Admin. Code 819.122 , Tex. Prop. Code 301.021 , Tex. Prop. Code 301.025 .

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Texas to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (85.7% from Texas) of discrimination cases were resolved in the year they were filed. 755 out of the 1139 discrimination complaints from Texas were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Texas or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Tex. Prop. Code Sec. 301.112 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Tex. Prop. Code 301.171 , Tex. Prop. Code Sec. 301.112 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Texas” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. 43 such cases were filed with the federal government from in last year we have data (2016). Data.gov. Dept of Housing and Urban Development.