Section 504 of the Fair Housing Act for Mental Disabilities

Section 504 of the Rehabilitation Act of 1973 prohibits disability discrimination in government programs that receive government funding. Section 504 requires the Department of Housing and Urban Development (HUD) to comply with the federal law.

Types

• A disability is defined as a physical or mental condition that significantly limits major life activities. A major life activity in one in which a person without a disability may accomplish with little or no effort. Major life activities include walking, hearing, breathing and seeing. It includes mental illnesses if the illness impacts a major life activity.

Features

• HUD and its housing providers may not discriminate against disabled individuals in government programs that are available to other nondisabled individuals. HUD housing providers may not refuse to rent to disabled individuals or impose higher fees and selective qualifications on their housing applications. It is also illegal to require separate housing to segregate mentally-disabled tenants from the general population of residents within the rental community.

Considerations

• Housing officials and property managers must make buildings accessible for disabled individuals if doing so would not impose an undue financial burden.