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ABA Family Legal Guide

The Rights of Older Americans

Nursing-Home Care

Rights of People with Disabilities

What laws cover housing?

The Fair Housing Act (FHA) applies to almost all housing transactions. Most important for the purposes of this chapter, the law prohibits landlords from refusing to rent to older people, or asking them to move, simply because they need assistance with certain activities. The law does not apply to rental buildings that contain fewer than four units, where the owner also lives in the building. Examples of prohibited discrimination include

  • refusing to rent to a family because a family member has a mental illness;
  • requiring applicants for senior housing to provide a doctor's letter stating that they are in good health and can live on their own;
  • denying a resident who uses a wheelchair or a walker access to a communal dining room; and
  • evicting a tenant because he or she is receiving homemaking help or other services.

    Section 504 offers similar protections to residents of federally subsidized housing.

    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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