NM Landlord Discriminated Against Disabled Tenant: A Clear Violation of Fair Housing Laws
Housing discrimination is a serious problem in the United States, particularly for individuals with disabilities.
Despite the enactment of the Fair Housing Act (FHA) in 1968, disabled individuals continue to face barriers when seeking affordable and accessible housing. Unfortunately, New Mexico is no exception.
In a recent case, a landlord in New Mexico was accused of discriminating against a disabled tenant, violating the FHA and demonstrating an alarming disregard for the rights of disabled individuals. This article will explore this case in detail, examining the facts of the case and the broader issues of disability discrimination in housing.
Case Summary: Tenant with Disabilities Denied Reasonable Accommodations
In 2020, a tenant in Albuquerque, New Mexico filed a complaint with the U.S Department of Housing and Urban Development (HUD) against her landlord, alleging discrimination based on her disabilities. The tenant, who suffers from multiple sclerosis, asthma, and severe allergies, claimed that the landlord had failed to provide reasonable accommodations for her disabilities, making it difficult for her to use and enjoy her home.
According to the complaint, the tenant requested several accommodations, including the installation of air purifiers and air conditioning units, as well as permission to replace carpet with hardwood floors to accommodate her allergies.
Despite these requests, the landlord allegedly refused to make the necessary changes, citing cost concerns and arguing that the tenant’s disabilities were not severe enough to warrant accommodations.
The tenant also claimed that the landlord subjected her to harassment and intimidation, with the landlord allegedly threatening to evict her if she continued to request accommodations. In addition, the landlord reportedly failed to address other serious maintenance and safety issues in the apartment, such as mold and structural problems.
The HUD investigation into the case found substantial evidence of discrimination, prompting the agency to file a formal complaint against the landlord. The case is ongoing, and if HUD determines that the landlord violated fair housing laws, the consequences could include penalties, fines, and mandatory training on fair housing practices.
Discrimination Against Disabled Individuals in Housing: A Widespread Problem
Sadly, the case in New Mexico is far from unique. Discrimination against disabled individuals in housing is a widespread problem, affecting millions of people across the United States. According to a report by the National Fair Housing Alliance, disability-based complaints accounted for over 56% of all fair housing complaints in 2019, making it the most common type of discrimination reported.
There are many ways in which disabled individuals can face discrimination when seeking housing. One of the most common ways is through the failure to provide reasonable accommodations. Under the FHA, landlords must provide reasonable accommodations for tenants with disabilities, such as making structural changes to a unit or allowing an assistance animal to live with the tenant. Landlords who fail to make these accommodations can be found in violation of fair housing laws.
Disabled individuals may also face discrimination in the form of inaccessible housing. For example, a landlord may refuse to rent to a tenant who uses a wheelchair because the building lacks wheelchair ramps or other accessibility features. This is also a violation of the FHA, which requires landlords to make reasonable accommodations to ensure that units are accessible to disabled tenants.
Why Disability Discrimination in Housing is a Serious Concern
The consequences of disability discrimination in housing can be severe and long-lasting. Disabled individuals who are denied access to affordable and accessible housing may be forced to live in unsafe or unhealthy conditions. They may also be forced to live in isolation, unable to attend school or work, participate in community activities, or access vital services.
The effects of housing discrimination can be particularly devastating for low-income disabled individuals, who may be more vulnerable to discrimination due to a lack of resources and access to legal representation. In addition, disabled individuals who face discrimination in housing may experience negative health outcomes, such as increased stress and exacerbation of their disabilities.
Federal Protections Against Disability Discrimination in Housing
Fortunately, there are federal laws in place to protect disabled individuals from discrimination in housing. The most important of these is the Fair Housing Act, which prohibits discrimination based on disability, race, color, national origin, religion, sex, and familial status. The FHA applies to most types of housing, including rental units, homeownership opportunities, and public housing.
Under the FHA, landlords must make reasonable accommodations for tenants with disabilities, such as installing wheelchair ramps or allowing a disabled tenant to keep an assistance animal in their home. Landlords cannot require a disabled tenant to pay extra for these accommodations, and they cannot refuse to rent to a tenant based on their disability status.
In addition to the FHA, there are several other laws that protect disabled individuals from housing discrimination. For example, Section 504 of the Rehabilitation Act prohibits discrimination against disabled individuals in federally funded housing programs. The Americans with Disabilities Act (ADA) also provides protections for disabled individuals in housing, requiring landlords to make reasonable modifications to structures and policies to ensure accessibility.
Conclusion: Ending Discrimination Against Disabled Tenants
The case of the disabled tenant in New Mexico highlights the ongoing problem of housing discrimination against disabled individuals. While federal laws offer important protections against discrimination, there is still much work to be done to ensure that disabled individuals have access to affordable and accessible housing.
To end discrimination against disabled tenants, it is important for landlords to understand their legal obligations under the FHA and other federal laws. Landlords must be willing to make reasonable accommodations for tenants with disabilities and ensure that their properties are accessible to all individuals. By taking steps to eliminate discrimination in housing, we can promote greater equality and fairness for all individuals, regardless of their disability status.
On October 2, 2012, the Department of Housing and Urban Development (HUD) stated a New Mexico landlord in Albuquerque is being charged for violating the Fair Housing Act. The charges result from the landlord refusing to let the disabled tenant make modifications to the rental property in order to use a wheelchair.
The tenant stated they would pay all costs for making the modifications, hire licensed contractors, and even return to the property to its original condition once moving out in the future. The landlord still refused.
According to HUD, the Fair Housing Act lets a disabled tenant make reasonable accommodations to the rental property. The Act also prohibits the landlord from refusing to make reasonable changes to the policies and services within the lease contract.
According to Mark Brezina, a HUD Regional Administrator, “At some point, a person with disabilities may need to make a modification to his or her home to make it livable. The Fair Housing Act says that is the modification is reasonable and the person is willing to pay for it, a landlord can’t deny it.”
According to HUD, the tenant did not have a disability when they first moved in. The tenant developed a serious medical condition, and he wrote a letter to the landlord asking if he could install and make other modifications as well. The landlord approved the ramp but denied the removal of a shower door as well as the installation of a higher toilet and lower sink.
The tenant then renewed his request, but the landlord quickly denied renewal of the tenant’s lease. He then terminated the tenant’s lease. A hearing is set to occur as a result of the landlord’s actions. If the landlord is found guilty, they judge may award damages and other relief to deter any discrimination in the future. The judge can also award impose civil penalties, payment of attorney’s fees, and punitive damages.
Source: U.S. Department of Housing and Urban Development
