HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)

Citation: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Parent Document: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Jurisdiction: United States (federal)
Original Source: https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_state... ↗

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Any person or entity engaging in prohibited conduct – i.e., refusing to make reasonable
accommodations in rules, policies, practices, or services, when such accommodations may be
necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling –
may be held liable unless they fall within an exception to the Act’s coverage. Courts have
applied the Act to individuals, corporations, associations and others involved in the provision of
housing and residential lending, including property owners, housing managers, homeowners and
condominium associations, lenders, real estate agents, and brokerage services. Courts have also
applied the Act to state and local governments, most often in the context of exclusionary zoning
or other land-use decisions. See e.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729
(1995); Project Life v. Glendening, 139 F. Supp. 703, 710 (D. Md. 2001), aff'd 2002 WL
2012545 (4th Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable
accommodation requirements of the Act do not apply to a private individual owner who sells his
own home so long as he (1) does not own more than three single-family homes; (2) does not use
a real estate agent and does not employ any discriminatory advertising or notices; (3) has not
engaged in a similar sale of a home within a 24-month period; and (4) is not in the business of
selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing
Act also do not apply to owner-occupied buildings that have four or fewer dwelling units.

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