The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing.
It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.
The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.)
The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.
Maryland also incorporates Fair Housing Guidelines into the Maryland Accessibility Code (COMAR 05.02.02).
The Maryland Accessibility Code requires in .07A, that . . . "(2) New Construction - Covered Multifamily Dwellings. The design and construction of a newly constructed covered multifamily dwelling shall be in accordance with FHAG (Fair Housing Accessibility Guidelines) and subsequent federal standards issued in reference to FHAA." (3) Additions, Alterations, or Change of Use of Existing Buildings of Four or More Dwelling Units. The alteration, change of use, or addition to an existing residential building of four or more units shall comply with this Code as follows:
(a) Dwelling units shall comply with this Code by either: (I) Containing at least one dwelling unit for every 25 dwelling units, or fraction of dwelling units, in the structure that is accessible and usable according to the requirements pertaining to dwelling units in ANSI A117.1-1986, with the complying dwelling units proportionately distributed throughout all types of units, or (ii) Having dwelling units at the accessible level comply with the standards under A?A(2) of this regulation;
(b) If the addition or alteration involves common area facilities and parking, it shall be accessible in accordance with the standards under A?A(2) of this regulation."
In Maryland, the Maryland Accessibility Code also requires in .06, C, 3 that... "Enforcement of this Code as it pertains to a covered multifamily dwelling as defined in Regulation .05B of this chapter is also under the jurisdiction of the Human Relations Commission under Article 49B, A?22, Annotated Code of Maryland. The Department is required to cooperate with and provide technical assistance to the Human Relations Commission."
More information can be found on the Americans with Disabilities Act (ADA) Codes page.
Visit-ability is a design approach for integrating basic accessibility features into all newly built single family housing including town houses. While not enforceable, it is something a person with a disability or a Senior Citizen may wish to consider.
Visit-ability Brochure (PDF)
RERC on Universal Design at Buffalo Design Guide - Visit-ability An Approach to Universal Design in Housing (PDF)
Fair Housing Accessability FIRST - Fair housing instruction, resources, support and technical guidence.
1-888-341-7781 (V/TTY)
HUD People Disabilities
Office of Fair Housing and Equal Opportunity (FHEO)
Fair Housing Accessibility Guidelines
Disability Information Brochure (PDF)
Guide to Disability Rights Laws
Additional information may be obtained by contacting the ADA Coordinator at rcalkins@co.ba.md.us
Documents accessed from this web page are available in an alternate format on request.
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Revised June 10, 2005
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