QUESTION:
Does the ADA apply to private housing?
ANSWER:
No, the ADA generally does not cover private housing (which is covered by the Fair Housing Act), but it does cover public housing, shelters, and university dorms.
The ADA has significant implications that affect public housing, though its application varies slightly. This falls under Title II which prohibits discrimination against people with disabilities. Housing authorities and university dormitories must ensure that a portion of their housing stock is physically accessible, provide reasonable modifications upon request, and make the application process accessible.
Emergency shelters are similarly covered under Title II and must be accessible, provide effective communication for those with sensory disabilities, and make reasonable accommodations. Dormitories are slightly different in that Title II covers public universities and Title III covers private universities.
The Fair Housing Act (FHA) broadens protections by covering most private residential housing, including rental properties and single family homes. It proibits discrimination of people with disabilities, and allows tenants with disabilities to make reasonable accommodations in their units at their own expense. It also allows those properties that are “no pets” to make exceptions for a tenant with a disability to keep an emotional support animal. The FHA applies to the vast majority of housing in the United States, making it the primary tool for protecting the rights of people with disabilities in the private market.
For additional information contact Dana Gover, MPA, ADAC, Training & Technical Assistance Consultation Northwest ADA Center-Idaho Email: dananwadacenteridaho@gmail.com ADA TA Hotline: voice and text 208-841-9422