Human Rights And Equity Programs

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The function of this toolkit is to provide you with the tools necessary to acknowledge the barriers that may prevent you from the complete use and enjoyment of your home and what you can do to remove.

The function of this toolkit is to offer you with the tools necessary to recognize the barriers that might prevent you from the complete usage and pleasure of your home and what you can do to remove them.


The federal Fair Housing Act (FHA) needs residential or commercial property owners to allow affordable modifications and affordable lodgings to individuals with impairments so that they can have complete use and satisfaction of the residential or commercial property where they live. The ease of access laws under the FHA ensure that, either through structural changes to the structure (normally described as "affordable modifications") or changes in rules and policies (normally described as "reasonable accommodations"), individuals with specials needs have equivalent access to and pleasure of their homes as do non-disabled persons.


If you are a person with a disability, you have the legal right to acquire an adjustment or lodging to your dwelling, if it is a reasonable demand and it is necessary to afford you access to and equal enjoyment of the residential or commercial property. This request can be made prior to moving into the system or at any time throughout your occupancy. This toolkit is designed to help you assert your civil rights and request an affordable adjustment or a sensible accommodation from your housing service provider.


This toolkit consists of:


- Information about your legal rights.
- Steps that will help you request a sensible modification or lodging.
- Templates for writing an ask for a sensible modification/accommodation.
- How and where to turn for help.


Fair Housing for People with Disabilities


Everyone has a right to reasonable housing. The capability to live where one picks with self-respect and without worry of discrimination is a basic best guaranteed to all people. The Fairfax County Office of Human Rights and Equity Programs (OHREP) implements the Fairfax County Human Rights Ordinance and the Fairfax County Fair Housing Act, which restrict discrimination in housing. If you are a person with a disability, you deserve to equivalent access to housing, consisting of full satisfaction of your housing. If you think that you, or somebody you understand, have experienced housing discrimination in Fairfax County, you can file a reasonable housing problem with OHREP, however you need to do so within 365 days from the date the supposed prejudiced act took place, or in the case of a continuing infraction, from the date the alleged inequitable act ended.


What is an Impairment?


The federal Fair Housing Act defines a disability to include a physical or mental disability that significantly restricts several major life activities. Major life activities are central activities to every day life, such as seeing, hearing, walking, breathing, carrying out manual jobs, caring for oneself, and speaking. A disability can consist of a hearing, visual, or mobility problems; a medical condition; or an emotional health problem.


The Right to Fair Housing


Federal, state, and regional laws all forbid housing discrimination versus people with impairments. In particular, the federal Fair Housing Act restricts discrimination in housing on the basis of race, color, faith, national origin, sex, impairment, and familial status. In addition, the Fairfax County Fair Housing Act restricts housing discrimination on the basis of elderliness (age 55 and older), marital status, source of funds, sexual preference, gender identity, and status as a veteran. Under both the federal Fair Housing Act and the Fairfax County Fair Housing Act, people with specials needs are entitled to delight in the very same housing opportunities as other citizens. For example, housing suppliers may not:


- Refuse to rent, sell, or work out housing.
- Set various terms, conditions, or privileges for sale or leasing of a house.
- Falsely deny that housing is available for examination, sale, or rental.
- Discourage a person from seeking housing in a specific community.
- Deny access to or subscription in a center or service related to the sale of housing.
- Refuse to permit for a reasonable lodging or affordable modification (explained below).
- Threaten or hinder anyone making a reasonable housing grievance.
- Harass a tenant or housing applicant.
- Take any other action to otherwise make housing not available.


Reasonable Accommodations and Modifications


People with disabilities are entitled to affordable lodgings and affordable modifications that are required for them to enjoy full usage of a house.


- A reasonable lodging is a modification in a guideline, policy, practice, or service in order to provide a person with a disability equal choice and chance. Examples consist of appointing an available parking spot to someone with a movement impairment or allowing a service animal in a "no family pets" building. In addition, a housing company can not need an animal charge for a service animal.


- An affordable adjustment is a structural change that manages an individual with a special needs complete usage and satisfaction of the facility. Examples consist of setting up a ramp to an entrance door, broadening entrances, reducing countertops, and installing grab bars. Who pays? It depends. If the residential or commercial property is covered under brand-new building ease of access requirements, the housing company might be responsible for any affordable adjustment costs sustained. If the residential or commercial property is not covered, the citizen might be accountable for associated expenses.


Fair Housing Accessibility Requirements


Apartments and other multifamily housing first inhabited after March 13, 1991, must also meet specific standard levels of ease of access. The ease of access requirements apply to all units in structures with 4 or more systems that have an elevator. If a structure with four or more units has no elevator and was first occupied after March 13, 1991, these requirements use to ground flooring units only.


What Can a Housing Provider Ask?


Housing service providers may ask into a candidate's ability to satisfy occupancy requirements. This implies that a proprietor may ask whether you have sufficient income to be able to pay the lease, whether you want to abide by the needed guidelines (unless a reasonable lodging is made), and other concerns relating straight to tenancy. A housing supplier might also adopt and apply consistent, unbiased, and nondiscriminatory criteria created to examine a potential occupant's credit merit, such as needing credit or criminal background checks.


If you have an impairment, you can not be treated in a different way even if you are an individual with an impairment, nor can you have your housing choice restricted due to the fact that of a special needs. Reasonable accommodations and reasonable adjustments have to be just that-reasonable. When an individual makes an affordable accommodation or adjustment request, a property manager can examine the relationship in between the demand being made and the special needs. However, the individual making the request remains entitled to personal privacy.


Even when a person makes an ask for a reasonable lodging or adjustment, the property owner is just entitled to understand that a disability exists which the demand relates to that disability. The individual making the demand is not required to share the nature and complete level of the impairment.


Questions like "Can you stroll at all?"; "How did you lose your leg?"; or "For how long have you had to use that wheelchair?" are all prohibited. A property manager can not speak with other tenants in the structure about your special needs. Your impairment is nobody's company but your own.

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