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Disability Protections — ADA and Fair Housing ## Two Legal Frameworks Disability protections in housing come from two different laws, and understanding which applies where is critical for the exam: Fair Housing Act (FHA): Applies to residential housing. Protects people with physical or mental disabilities from discrimination. Requires housing providers to make reasonable accommodations and permit reasonable modifications. Americans with Disabilities Act (ADA): Applies primarily to commercial properties — places of public accommodation and commercial facilities. Does NOT typically apply to private residential housing. Matters most in commercial real estate transactions and mixed-use developments. ## Reasonable Accommodation vs. Reasonable Modification | Feature | Accommodation | Modification | |---------|--------------|--------------| | What it is | Change in a rule, policy, or practice | Physical change to the unit or property | | Who pays | Housing provider (landlord) | Tenant (in most private housing) | | Examples | Allow service animal; reserved accessible parking | Install grab bars; widen doorway; add ramp | | Restoration | N/A | Landlord may require reasonable restoration at end of tenancy | Emotional Support Animals (ESAs) and Service Animals: - Both are covered under the FHA for housing — a no-pet policy cannot be enforced against either - ESAs are NOT covered by the ADA for public accommodations (only service animals are) - Landlords cannot require formal certification for ESAs or service animals - Landlords cannot charge a pet deposit for a service animal or ESA ## Fair Housing Act Design Requirements Multifamily housing built for first occupancy after March 13, 1991 must comply with accessibility design and construction requirements: - Accessible entrances - Wide enough doorways for wheelchair access - Accessible common areas and…