Rhode Island and the United States have laws that protect the right to housing for people with disabilities. This group of laws, called fair housing laws, say that people with disabilities cannot be denied housing just because they have a physical or mental disability. People with disabilities have the right to housing that is equal to housing for people without disabilities. These laws help people with disabilities who try to rent an apartment or house, buy a house, or move to a group home.

WHO IS PROTECTED BY FAIR HOUSING LAWS?
You are protected by fair housing laws if you have a physical or mental disability that substantially interferes with or limits a major life activity.

Major life activities include:

• Seeing, hearing, or speaking
• Walking, standing, or lifting
• Eating, sleeping, or breathing
• Caring for yourself or doing household chores
• Learning, reading, concentrating, or
• thinking
• Bowel and bladder functions
• Brain, lungs, and heart functions
• Immune system and hormone functions

A landlord or property owner may refuse housing to people with disabilities if living there would:

• Cause damage to other people’s property, or
• Be a direct threat to the health or safety of other people.

A landlord or property owner who refuses to sell or rent to you should explain their reasons. They should use as much detail as possible. For example, you and your service animal might apply to rent an apartment in a building that only houses people with severe animal allergies. The landlord can refuse to let you move in because your service animal could make it unsafe for your neighbors.

Fair housing laws also cover you if you:

• Had physical or mental disabilities in the past.
• The landlords or property owners treat you like you have a disability.
• Are participating in a drug treatment program, or are in recovery (BUT NOT current users of illegal drugs).

WHO MUST FOLLOW FAIR HOUSING LAWS?

• Property owners and landlords
• Property managers
• Real estate agents
• Brokerage services
• Banks and other loan makers

Private clubs and religious organizations can provide housing to their members, or choose members before choosing non-members. They do not have to follow fair housing laws as long as people with disabilities can become a member of the private club or religious organizations.

HOW DO FAIR HOUSING LAWS PROTECT ME?

A real estate agent, a person selling housing, or a landlord CANNOT …

• Ask if you or someone living with you has a disability. They cannot ask you directly or on an application form.
• Advertise that they won’t sell, rent, or lease housing to people with disabilities.
• Refuse to sell, rent, or lease housing to a person just because they have a disability.
• Offer lease, sales, or rental agreements that are limited or ask for more than agreements offered to people without disabilities.

If you apply for housing that is only for people with disabilities a real estate agent, a person selling housing, or a landlord CAN ask you to provide information on your disability, to show that you are eligible for the housing.

When making loans for construction, repair or purchase of housing, banks and other financial organizations CANNOT…

• Ask if you or someone living with you has a disability. They cannot ask you directly or on an application form.
• Limit or ask for more in the loan agreement than agreements offered to people without disabilities.

A landlord or property owner MUST…

• Allow “reasonable” physical modifications to be made to the housing if necessary for full access and enjoyment of the housing.
• Make “reasonable accommodations” in the rules, policies, practices, or services related to the housing, to allow full access and enjoyment of the housing.
• Allow a service or emotional support animal to live there, without extra charges.
  • They can charge for any property damage caused by the animal.

WHO DO I CONTACT IF I NEED HELP?

• The Rhode Island Commission for Human Rights
  • The Commission investigates complaints of housing discrimination in Rhode Island.  The Commission can help change practices or can order a person to stop discriminating. The Commission can hold hearings, or seek a court order and fines to stop a person from discriminating.
  • You can contact The Commission by:
    • Website at www.richr.ri.gov
    • Email at RICHR.Housing@richr.ri.gov
    • Phone at (401) 222-2661

• The U.S. Department of Housing and Urban Development (HUD)
  • HUD also investigates complaints of housing discrimination.  In most cases, HUD will send your complaint to The Commission for investigation. HUD trains and sends funds to The Commission as a local partner.
  • The Housing Discrimination Hotline provides information about fair housing rights. You can also file complaints of unfair treatment or discrimination by calling. The Hotline number is (800) 669-9777.
  • You can also contact HUD by:
    • Website at www.hud.gov
    • Phone at (800) 347-3739 (TDD: (800) 877-8339)

Warning: It is against the law for a landlord or property owner to punish any person that files a complaint with The Commission or HUD. In other words, they cannot discriminate or retaliate against you for making a complaint. For example, your landlord cannot tell you to leave or get rid of your service animal because you filed a complaint. If you are punished for filing a complaint, contact the agency where you filed the complaint immediately.

Complaints with either agency must be filed within one year of the discriminatory act. However, you should file your complaint as soon as possible. This will give the agencies a better opportunity to investigate your complaint.

You might be able to file a private lawsuit in state or federal court. If you filed a complaint with The Commission or HUD, you will generally need the agency’s permission to file a lawsuit. You must ask for permission, and file your lawsuit, within two years of the discriminatory act.  You can file a lawsuit right away if you did not file a complaint with The Commission or HUD.